Factors involved when determining alimony 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.
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.
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.
Is Colorado a no fault Divorce state?
Yes. Colorado is a no-fault state when it comes to the grounds for divorce. This means that the Court will not consider either spouse’s misconduct when granting the divorce or awarding property or support.
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 many years 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 the average cost of a divorce in Colorado?
The typical cost of divorce in Colorado averages around $14,500. Depending on your needs, it could be as little as $4,500 to as much as $32,000. If there are no children involved, the cost for a divorce might be lower.
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.
Do you need a reason to divorce in Colorado?
The state is a “no fault” state, meaning you certainly won’t get a divorce if your grounds for applying for a divorce is a cheating partner. The only ground for dissolution is if the spouses have irreconcilable differences or irretrievable breakdown.
Does Colorado require alimony?
While some states have eliminated lifelong alimony, except in cases of elderly or disabled spouses, that is not the case in Colorado. In marriages lasting longer than 20 years, a spouse can be awarded spousal maintenance for the rest of their life.
Does it matter who files for divorce in Colorado?
From a legal standpoint, no. However, while it makes no difference to the judge in Colorado which party files for divorce, filing first can have some personal advantages depending on your situation. Every relationship is different, and more often than not both parties are well aware of an impending divorce.
What is spousal abandonment 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.
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.
Who qualifies for spousal support in Colorado?
Requirements for Spousal Maintenance In order to be eligible for spousal maintenance in Colorado, you must meet certain requirements. First, you must be married for at least ten years. Second, you must show that you are unable to support yourself.
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.
Can a working wife get alimony?
Even though your spouse has a full-time job, they are still entitled to ask for spousal support. They can ask for support once a legal separation or divorce is filed with the court. If the judge deems it necessary, he or she can order you to pay spousal support even while your divorce is pending.
How long do you have to be married to get half of everything in Colorado?
After 20 years of marriage, the courts will order duration for closer to half of the total length of marriage. After 30 years of marriage, the courts are more likely to award permanent alimony. A judge, however, will have ultimate jurisdiction over all alimony arrangements in Colorado.
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.
Can you get a divorce in Colorado without going to court?
No divorce can be granted in Colorado without court approval so you will need to navigate the legal processes first. Besides, the emotional fallout that can result even in uncontested divorce cases should not be underestimated – especially if you have children together.
How is property divided in a divorce in 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 Colorado a 50/50 state divorce?
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.
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.
What is a fair split in divorce?
The Court will normally consider a 50/50 split of the matrimonial assets when dealing with a long marriage following the ‘yardstick of equality’. With short marriages, capital contributions become more relevant in deciding how assets are divided in a divorce. Age is also an important consideration.
Do I have to file for separation before divorce in Colorado?
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.
What happens after you file for divorce in Colorado?
Initial Status Conference: After the divorce is filed and the other party is served, the Court in many counties in Colorado will set a hearing with either the Judge/Magistrate or a Family Court Facilitator. This hearing is typically held within 42 days from the date the petition is filed.