Divorce Guide

Colorado Divorce Cases

Divorce is one of the most difficult times in one’s life. The changes that take place in a person’s life come fast and furious. Colorado divorce cases starts with the filing of petition for Dissolution of Marriage. The petitioner must serve the petition on the other party, who then files a response to the petition. The points related to a Colorado divorce are discussed below.

Residency requirements for a Colorado divorce

In order to file for dissolution of marriage in Colorado, one has to meet the following requirements:

• Either spouse must be a resident of Colorado at least 90 days before the commencement of the divorce proceeding.
• Either spouse must be a resident of the county where the petition for the dissolution of marriage is filed.

Grounds for filing divorce

Irretrievable breakdown of marriage is the only ground to file a divorce in Colorado

Property distribution

As per Colorado divorce cases marital property is divided equally since Colorado is an “equitable distribution” state. Equitable does not necessarily mean equal, but division of property in a fair manner. The court declares the distribution of the property on its own if the couple cannot come to an agreement. The following factors are considered by the court in such a distribution:

• The contribution of each spouse in acquiring the marital property, including the contribution of the spouse as a homemaker.
• The value of the property set apart for each spouse.
• The economic circumstances of both the spouses at the time of the division of the property.
• Any rise or fall in the value of the separate property of the spouse in their marriage.
• Depletion of separate property for marital purposes.

Spousal support

Alimony or spousal support is called as maintenance in Colorado. The court determines the following three criteria while considering whether an individual qualifies for Colorado divorce maintenance:

• Whether a party has insufficient property to look after his/her personal needs.
• Whether a spouse could support himself/herself through appropriate employment.
• The ability of the other spouse to provide support.

Maintenance, including the amount awarded, is checked on a case by case basis. It ends upon the death or remarriage of the spouse to whom it is awarded. The court may order for the maintenance to be paid for an indefinite duration, a fixed period of time or on a temporary basis while the divorce case is still pending.

Child support

The guide lines for Colorado child support are based on each parent’s income. The monthly support amount is determined dividing the parent’s income proportionally. These two amounts are then off set to see which parent will pay the other for support of the child. If the child is mentally or physically challenged, then the court could order for child support, including payments for medical expenses and insurance which may continue beyond the age of nineteen.

If the child still studies in high school or an equivalent program, then the support continues till the end of his/her graduation.

The points that are discussed above forms the main issues of Colorado divorce cases. These points would definitely be useful to a person seeking for a divorce in Colorado.

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