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COLORADO DIVORCE BASICS AND OVERVIEW
This is a divorce reference guide to understanding divorce in Colorado. Each state has its own requirements, laws, and documentation, so we decided to gather it all in one location to make it easy and quick for you to find the information you need before, during and after your divorce.
Divorce in Colorado Made Easy (See Colorado Divorce Help Center)
- Time Frame: The judge can only sign the Decree of Dissolution after at least 90 days have passed since the affidavit was filed.
- Where to File: District Court. "In the District Court in and for the County of ______________ and State of Colorado." (See Colorado Court Addresses)
- Statute Statutes: Colorado Revised Statutes; Article 10.
- Name of Action: Dissolution of Marriage.
- Name of Parties: Petitioner, the person who files, and respondent, the other party.
- No-Fault or Fault and No-Fault Only: Colorado is a no-fault only state.
- Primary Documents Filed: Petition for Dissolution of Marriage and Decree of Dissolution of Marriage. (See CO Forms List With Explanations)
- Physical Separation Required: No.
- Separation Time to File: None.
- Legal Separation Permitted: Yes, when there has been an irretrievable breakdown of the marriage.
- Grounds: Grounds for dissolution of marriage in Colorado is based on the court finding that the marriage is irretrievably broken. (See Colorado Laws for Divorce)
- Residency Requirement: One spouse must live in Colorado for 90 days before filing for divorce.
- Mediation Required: The Court may order spouses who cannot reach an agreement to attend mediation, an alternative dispute resolution process wherein the parties work with a neutral third party facilitator to reach an agreement.
- Counseling Required: The court may delay the proceedings for 30 to 60 days to allow for counseling.
- Parenting Classes Required: Colorado courts often require all divorcing parents with minor children to complete a mandatory parenting class before granting a divorce.
- Filing Fee: $230. (See CO Filing Fee Waiver Form)
- Where to File for Child Support: The Colorado Child Support Services Program makes certain that all children receive financial and medical support from each parent.
- Child Support Guidelines Model: Income Shares Model.
- Property Division: Colorado is an equitable distribution state using the dual classification model.
- Appreciation of Separate Property: The appreciation of separate property is marital.
- Attendance at Hearing: Maybe. The Case Management Order, which the parties receive after filing, spells out the requirement. Generally, childless couples do not have to attend a hearing; couples with children do. Both couples normally appear; telephone testimony is permitted.
- Fault Considered in Property Division: No.
- Waiting Period after Divorce for Remarriage: No.
- Learn More About Colorado Divorce.
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