Basics of Colorado divorce

On Behalf of | Nov 15, 2021 | Divorce

No one enjoys the divorce process. However, knowing what to expect in Colorado can make your proceedings go much easier and faster.

If you live in Colorado and want to start filing for divorce, you need to prepare with some knowledge of the various pitfalls and restrictions.

Residency requirements

To file for divorce, one of the spouses must reside in Colorado for at least 90 days. Otherwise, this article does not apply to your situation.

Grounds for divorce

Colorado has no misconduct laws that prevent divorce. It is a “no-fault” divorce state. The courts merely require that there is a breakdown of the marriage with no desire for repair.

Property division

If spouses cannot agree on how to divide property with a separation agreement, a judge decides how to settle the conflict. The judge measures separate property. This includes anything acquired before the marriage, though a gift or by previous agreements. Next, the judge decides how to divvy up any assets acquired during the marriage.

Alimony payments

For alimony, a court decides the payment if no agreement occurs between the spouses. The judge’s decision looks at the spouses’ individual income. If a spouse shows they cannot support themselves, then long-term alimony is an option. Temporary alimony is also possible. According to Forbes, unique considerations can come into play, such as if a spouse remarries or dies. If a spouse dies, alimony can end. However, life insurance can help guarantee you still receive payments.

Not every divorce is amicable. Sometimes disputes arise, which requires court involvement. Make sure you prepare for any financial or emotional obstacles and educate yourself about Colorado divorce law.