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Divorce and separation law in Colorado governs the process by which married couples legally end their relationship or separate. Colorado is a "no-fault" divorce state, which means that a spouse does not need to prove wrongdoing like adultery or abandonment to obtain a divorce. Instead, one or both parties simply need to state that the marriage is "irretrievably broken." Legal separation is also recognized, allowing couples to address issues like property division, child custody, and support without officially ending the marriage. Understanding your rights and obligations under Colorado law is essential if you are considering either divorce or separation.
Navigating divorce or separation can be emotionally and legally complex. Many individuals benefit from legal counsel in situations such as:
Colorado has several key laws and procedures unique to the state regarding divorce and separation:
Yes, Colorado is a no-fault divorce state. You only need to state that the marriage is irretrievably broken to file for divorce. No evidence of wrongdoing is required.
At least one spouse must have lived in Colorado for at least 91 days before filing for divorce or legal separation.
Divorce legally ends a marriage, allowing both parties to remarry. Legal separation lets couples address property, custody, and support issues while staying legally married.
Colorado follows equitable distribution laws, meaning marital property is divided fairly based on several factors, not necessarily equally.
Colorado courts decide custody (referred to as parental responsibilities) based on the best interests of the child, considering multiple factors including the wishes of the parents and child, the child's relationship with each parent, and the ability of the parents to cooperate.
Spousal maintenance, commonly called alimony, may be awarded based on factors like the length of the marriage, the financial resources of each spouse, and their contributions during marriage.
There is a mandatory 91-day waiting period after the divorce petition is served, but complex cases may take longer to resolve, especially if they go to trial.
Not always. If you and your spouse agree on all terms, you may be able to finalize your divorce without a trial. Otherwise, the court will resolve contested issues.
In Colorado, if one spouse believes the marriage is irretrievably broken, the divorce will proceed even if the other spouse disagrees.
Yes, you can request to restore a prior name as part of your divorce proceedings.
If you are seeking more information or assistance regarding divorce and separation in Colorado, the following resources may be helpful:
If you are considering divorce or legal separation in Colorado, here are some recommended steps:
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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.
We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.
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