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.
What are the requirements for divorce in Colorado?
Basic Requirements for a Colorado Divorce 91 days have passed since the summons was served on the other spouse; Colorado must have personal jurisdiction over the respondent spouse; and. If there are children, Colorado has been their home state for at least 181 days.
Can you get a divorce in Colorado without going to court?
In the case of an uncontested divorce (or a “decree upon affidavit” as it is known in Colorado) the court may grant a divorce after you submit an affidavit rather than you having to appear in court for a hearing. This can make the process less stressful and time-consuming and more convenient for both partners.
How long does it take to get a divorce in Colorado?
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.
How long do you need 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.
How much does it cost to get divorce in 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.
What is the fastest way to get a divorce in Colorado?
- Do It Yourself (pro-se).
- Uncontested Divorce.
- Mediated Divorce.
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 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.
Can you get a divorce without going to court?
It is possible to get divorced without going to court, as long as your partner agrees to the divorce and the reasons why. However, it is still possible that you will need to go to court to decide what happens to money, property and children.
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.
Can I do my own divorce in Colorado?
Decide whether you and your spouse will file the divorce case together. You and your spouse can file for divorce together, or you can file the divorce case on your own. You decide if you want to file together or file on your own. The court cannot make this decision for you.
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.
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.
Is adultery illegal in Colorado?
In fact, Colorado case law explicitly says that adultery is not a legally recognized reason for divorce. At one point in time, adultery was a criminal offense in Colorado.
How many years do you have to be married to get alimony in Colorado?
Requirements for Spousal Maintenance First, you must be married for at least ten years. Second, you must show that you are unable to support yourself. Lastly, you must show that your spouse is able to support you. If you meet these requirements, then you may be eligible for alimony in Colorado.
What does a judge consider in a divorce?
The court will look at meeting the needs of both parties, including ensuring their housing and income needs are met. If these needs are met from the available assets and there is a surplus, the court may consider the origin of certain assets in deciding how the remainder is divided.
Who serves divorce papers in Colorado?
Methods of service – There are two ways to serve divorce papers in Colorado: via personal service (or hand delivery) or via certified mail (with a return receipt requested). Who can serve – You can hire a professional process server or have a friend or family member serve the divorce papers.
Can I get divorced online in Colorado?
However, overall state law does not currently allow you to go through the full divorce process online in Colorado, no matter what some online divorce service ads may claim.
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 long does uncontested divorce take?
How does an uncontested divorce work? Under the no-fault divorce, there is no longer an option to contest a divorce. Uncontested divorces can be processed by courts on paper and there’s no requirement for either party to make an appearance in court. This process takes a minimum of six six months to complete.
What is considered abandonment in Colorado?
A: In Colorado, abandonment occurs when the parent has failed to provide basic needs for the child, including food, clothing, shelter, or medical care. The parent must also have failed to make a reasonable effort to maintain contact with the child.
Does adultery affect alimony in Colorado?
Adultery will not affect an alimony agreement in any way in Colorado. However, an affair could impact property division if the affair breached a prenuptial agreement or added debts to the marriage.
What are the disadvantages of a legal separation?
Disadvantages of Legal Separation Legal separation typically does not entitle you to your spouse’s assets, whereas a divorce would force a division of current assets. Can’t Remarry: You may heal and be ready for a future relationship given enough time. A legally separated person cannot marry a new person in the U.S.
What can be used against you in a divorce?
Spending marital money on extramarital affairs. Transferring marital funds to another person before a separation. Spending unreasonable amounts on business expenditures. Selling marital assets below the market value.