Does it matter who files for divorce first in Colorado?

The person who files for divorce first in Colorado won’t automatically have different rights or a stronger divorce case. The courts will give equal consideration to the claims made by petitioners, those who are first to file, and the respondents, their spouses.

How much does a divorce lawyer cost in Colorado?

On average in Colorado, standard representation can range between $230 and $280 per hour but one should expect to pay more for an experienced attorney who specializes in divorce and family law.

How much does it cost to get a divorce in the state of Colorado?

The cost of filing a petition for dissolution of marriage in Colorado is $230.00. The cost of filing a petition for allocation of parental rights (custody case when the parties are not married) is $225.00. It then costs $116.00 to file an answer to the petition.

How long do you have to be separated before divorce in Colorado?

How long do you have to be separated before divorce in Colorado? In this state, the legally separated party is required to wait six months before they can pursue a divorce. This means the waiting period begins when the separation decree is put in place and at the end of that six months the spouse may request a divorce.

Is divorce 50 50 in Colorado?

No, Colorado is an “equitable distribution” state, not a “community property state”. Meaning that your house — a marital property — is not automatically divided equally (50:50) during the divorce. Instead, the judge analyzes your personal circumstances and suggests a “fair” division.

Is alimony mandatory in Colorado?

A: No, spousal support is not mandatory in Colorado. If both spouses can support themselves after the divorce, the court is unlikely to order spousal support.

How long does a Colorado divorce take?

Most divorces in Colorado take about 6-9 months to complete, depending upon the issues involved, and especially upon whether they are contested or not. There is no one set of procedures that will apply to every case, since the necessary steps will depend upon the specific issues in your case.

Who gets the house in a divorce Colorado?

In Colorado, the primary caregiver often gets the house in a divorce. The courts may allow the person with the children to stay in the house because there is a belief that it is in the best interest of the children.

How long do you have to be married in Colorado to get alimony?

How long do you have to be married to get alimony in Colorado? Colorado’s advisory maintenance guidelines start at 36 months of marriage, however in unusual situations a court may consider maintenance for shorter marriages, particularly if a spouse is staying at home to care for a young child.

What is a wife entitled to in a divorce in Colorado?

A wife has the same rights as her husband to seek her fair share in divorce matters, such as property division and alimony (spousal maintenance). Each of these issues is determined separately during divorce, with its own guidelines and factors to consider.

What is the fastest way to get a divorce in Colorado?

  1. Do It Yourself (pro-se).
  2. Uncontested Divorce.
  3. Mediated Divorce.

How hard is it to get a divorce in Colorado?

Colorado is strictly a “no-fault” divorce state. This means judges won’t consider either spouse’s misconduct or fault (such as adultery or drug abuse) in deciding whether to grant the divorce, how to divide property, or whether to award spousal maintenance (alimony).

Can a spouse kick you out of the house in Colorado?

Can a Spouse Kick You Out of the House in Colorado? Until the court issues an order regarding who can stay in the marital home, neither spouse has any legal right to force the other to leave. The only exception to this is a spouse can be forced out via a Protection Order.

How is alimony calculated in Colorado?

According to a 9News report, Colorado courts calculate the alimony amount by taking 40 percent of the higher gross income and subtracting 50 percent of the lower gross income. The difference is then divided by 12 to determine the monthly alimony payment.

Can you date while separated in Colorado?

CAN I DATE WHILE LEGALLY SEPARATED FROM MY SPOUSE? According to Colorado law, while you are legally separated from your spouse, you are still technically married. You can date other people without violating bigamy laws. Colorado is a no-fault state which does not consider fault in reasons for divorce.

How do assets get split in a divorce Colorado?

Colorado is not a community property state in a divorce. Colorado is an equitable distribution state, which means property will be divided by the court in a manner that is deemed fair to both parties, but not necessarily equal, if spouses cannot come to a resolution on their own.

Is it better to keep the house in a divorce?

Typically, financial advisers have recommended against keeping the marital home. In the past, it became too big of a financial burden for one spouse to incur all the costs associated with keeping the house on only one household income.

Does infidelity affect divorce in Colorado?

Because of Colorado’s “no fault” status, adultery no longer has a major effect on divorces. A spouse may use adultery as a source of satisfaction during the filing process, but it generally has little impact on alimony, child custody, or property division.

Who gets alimony in Colorado?

The statute caps suggested maintenance terms at 50 percent of the marriage. Once you’ve been married for 12 and a half years, the maintenance term becomes 50 percent of the length of the marriage. If you’ve been married 20 years, you could receive – or pay – alimony for 10 years.

Does alimony end when you remarry in Colorado?

Terminating spousal maintenance in Colorado is automatic when the supported spouse remarries or dies. Specifically, periodic maintenance automatically ends when the supported spouse gets remarried or enters into a civil union.

How long after a divorce can you ask for alimony?

Marriages that lasted more than 10 years are entitled to be granted a lifelong alimony. Age of the spouse is also taken into consideration while awarding alimony.

What happens after I file for divorce in Colorado?

You must go to the initial status conference even if your spouse has not yet been served. By law, the Initial Status Conference must happen within 42 days of the filing of your case. Bring the forms required by your Case Management Order with you to the Initial Status Conference.

How long after a divorce can you remarry in Colorado?

Colorado only has a waiting period for divorce, which is 91 days after the filing of a petition for dissolution of marriage. There is no limit on when you can get married after you are officially divorced.

How long does it take to get a divorce if both parties agree in Colorado?

A statutory 91-day waiting period After you file for divorce and serve papers on the other party, the court must wait 91 days before granting the divorce. This law applies whether the parties agree that the marriage is over or not, and even if there are no unresolved issues.

Can my wife take my retirement in a divorce?

Under the law in most states, retirement plan assets earned during a marriage are considered to be marital property that can and should be divided. It’s therefore advisable for couples to make these assets part of their property settlement agreement negotiations and their divorce decree.

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