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.
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.
What are the requirements for divorce in Colorado?
The only “ground” (legal reason) for divorce in Colorado is that the marriage is “irretrievably broken.” This just means that the couple can’t get along, and there’s no reasonable chance of that status changing. (Colo. Rev. Stat.
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.
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.
Does Colorado require separation before divorce?
Couples do not have to be legally separated before filing for divorce in Colorado, and in fact, some divorces are started while the parties are still living together. If tensions are running high in the home, we often recommend that one of the parties move out while the divorce is pending.
Who gets the house in a divorce in 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 separated before divorce is automatic 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 long do you have to be married in Colorado to get alimony?
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.
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.
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.
Does Colorado have alimony?
Colorado Alimony Guidelines. Alimony, or “maintenance,” as it’s referred to in Colorado, ensures that the basic financial needs of a disadvantaged spouse are met after a divorce. It’s typically imposed only if there is no other feasible source from which the support needs can be met.
Is my wife entitled to half my house if it’s in my name?
It depends on who is named on the mortgage. This is called joint and several liability. You are both responsible and liable for paying the mortgage. That doesn’t mean you are both liable for half each though – if one person doesn’t pay their share, the other can still be held responsible for the whole mortgage.
Who gets the house in a divorce?
Marital property includes all property either spouse bought during the marriage. It does not matter whose name is on the title. For example, if a couple bought a home, but only the husband’s name was on the deed, the wife would still be entitled to some of the value of the home if they were to get a divorce.
How is a house divided 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.
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.
What is the fastest way to get a divorce in Colorado?
- Do It Yourself (pro-se).
- Uncontested Divorce.
- Mediated Divorce.
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 Colorado a no fault divorce state?
Colorado is a no fault state. This means several things for your divorce case: First, you no longer need to explain to the Court why you are requesting a divorce. In the past, one spouse had to prove that the other party had abandoned the family, committed adultery, or otherwise behaved badly.
Is spouse entitled to 401K in divorce?
California is a Community Property State This means that assets obtained during the marriage are divided in half upon divorce, including retirement savings and pension plans. In the case of a 401K or another type of plan, a spouse is entitled to 50% of the plan’s acquired value during the course of the marriage.
Do both parties have to agree to a divorce in Colorado?
Colorado is a no-fault state for divorce, which means, as long as the marriage is considered irretrievably broken, a divorce can be granted. This includes cases where both parties are not in agreement regarding the divorce.
How can I avoid paying alimony in Colorado?
A: Negotiating an agreement with your spouse before going to court, securing a prenuptial agreement prior to the marriage, proving your ex-spouse is living with someone else, or otherwise proving that their financial situation has changed and so no longer need support from you are some strategies that may help you …
Do I have to sell my house if I get divorced?
Do we have to sell the house if we’re divorcing? No, not necessarily. However, divorce and property rights can be complicated and so it will depend on your circumstances. Bear in mind also that it’s not just financial considerations that will determine whether you must sell the property.
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.
Can a spouse kick you out of the house in Colorado?
First, there is no such thing as abandonment under Colorado law. Colorado is a no-fault divorce state. So, if you do decide it is best to move out, your spouse cannot, in most cases, use this against you in a child custody dispute.