Either party can file for divorce in Colorado as long as they have lived in the state for at least 91 days. There is no requirement for fault or mutual consent to file for divorce.
In Colorado, either spouse can file for divorce.
No, Colorado does not require a period of separation before filing for divorce. Parties can file for divorce immediately after marriage breakdown. However, one of the parties must have resided in Colorado for at least 91 days prior to filing for divorce.
Colorado is not a community property state. Instead, it follows an equitable distribution model for dividing property during a divorce. In equitable distribution, the assets and property acquired during the marriage are divided fairly but not necessarily equally. The court considers various factors such as the contributions of each spouse to the marriage (financial and non-financial), the length of the marriage, and the financial needs and earning potential of each spouse. Debts acquired during the marriage are also divided equitably. Therefore, if the divorce settlement cannot be agreed upon by the couple, the judge will determine the most fair way to distribute the property.
The cost of divorce in Colorado can vary widely depending on factors such as whether the divorce is contested or uncontested, whether the parties have children or property to divide, and whether they hire attorneys or represent themselves. On average, the cost of a contested divorce with attorneys can range from $10,000 to $25,000 or more. However, an uncontested divorce with no children or property can often be completed for less than $1,500 if the parties represent themselves. It is advisable to consult with a local attorney for a more accurate estimate based on your particular circumstances.
The time it takes to get a divorce in Colorado depends on several factors, such as the complexity of the case, the willingness of both parties to cooperate, and the court's availability. In Colorado, there is a mandatory waiting period of 91 days after filing for divorce before the court can grant a final divorce decree. However, if the couple has agreed on all the terms of the divorce, such as property division, child custody, and support, the divorce process can be completed within a few weeks. If there is a dispute over any of the issues, the process could take several months or even years.
In Colorado, child custody is decided based on the best interests of the child. This means the court considers many factors, including:1. The child's wishes (if they are old enough and mature enough to express them)2. The physical and mental health of each parent3. The quality of the relationship between the child and each parent4. The ability of each parent to provide for the child's needs (e.g. food, shelter, education, medical care)5. The child's adjustment to their current home, school, and community6. Any history of domestic violence, substance abuse, or child abuse by either parent7. The ability of the parents to cooperate and communicate with each other in making decisions about the child.It's important to note that Colorado law encourages parents to develop their own parenting plan outside of court through mediation or negotiation. However, if the parents are unable to reach an agreement, the court will make a decision based on the best interests of the child.
