A guide to colorado divorce

In the State of Colorado an individual must reside and have been a resident of the state for at least 90 days and have a legal driver’s license prior to the filing for dissolution of marriage. Dissolution of Marriage is to be filed in the county where the individual resides, or where the petitioner resides only if the respondent has been served in the same county and is not a resident of Colorado.

Colorado is a no-fault state and has what is called simplified or special dissolution of marriage procedures. This means anyone can get a dissolution of marriage by obtaining an affidavit from either or both of the spouses, but only if the wife is not pregnant and there are no minor children. Both parties must be represented by counsel. When children are involved, each party must have entered into the separation agreement granting custody and child support and there must be no disputes. Both parties must agree to the division of property they obtained while married. Last, but not least, if the person not filing has been served with dissolution of marriage papers, there must be an affidavit that has been signed by the petitioner stating the reason for the divorce.

Colorado laws state that any property you owned before you were married remains yours if it was a gift or inheritance. All other property will be divided based on contribution of each spouse and value of each spouse’s separate property. The court will assess the financial situation of each spouse which includes custody of children and who will obtain the family home. What the courts look at is the contribution of each spouse to the acquisition to the marital property, including what each spouse contributed as a homemaker. Colorado looks at the economic situation of each spouse at the time of separation and the desirability of who will maintain the home especially if children are involved.

During the divorce proceeding either spouse or an attorney can request a marriage counselor, or mediator. This will prolong things and may extend proceedings 30-60 days. If children are involved and given the child’s age, the parent can request a child go before the judge and have a “cameo appearance”. This means the child will be allowed to discuss and answer all questions to the judge, without parents or attorneys present. Sometimes the judge will indulge the child and sometimes they won’t.

If both parties’ combined income is over $75,000.00 a monthly maintenance may be paid to the lower-earning spouse which will only be 40% of the higher income less 50% of the lower-earning spouse’s income. The follow criteria must be met:

1) Insufficient property – including his/her shared marital property

2) Unable to support his/herself appropriately through employment (i.e. – if the spouse is seeking an education, in which case maintenance would last only during the educational time.)

Colorado looks at the best interest of a child whether it is joint/sole custody. Without regard to the sex of the parent, the child is to be placed in a loving, stable environment; if the child’s welfare is endangered visitation will be restricted. The child’s well being and adjustment is the main concern.

Should both parties agree to Joint Custody the courts request a plan be submitted where both parties agree to the following:

* Residence of both parties

* What will be the legal residence for the child?

* What holidays will the child spend and with what parent

* Where will summer vacations be spent?

* Are the parents in agreement about the child’s education?

* Are the parents in agreement about the child’s religions beliefs and training?

* Should the said child become ill are both parents in agreement about medical issues?

* Day-care if necessary

All child support payments can be made through the courts or a deduction from payroll. The State of Colorado has a formula in which they subtract State and Federal returns for both parents. How much time is spent with custodial parent is entered into the formula as well as the parent’s income, union dues, health insurance and other mandatory expenses.

Colorado has no restoration for granting a person their last name upon divorce. You will need to go to the court house and fill out an Order for Change of Name. You will be notified when to appear at the court house and they will instruct you to publish your name change in a newspaper for a certain amount of time under Public Notices. After you have done that, you are to go back to the court house with proof from the newspaper. At that time you will be given a legal binding document with your name change that you should always keep with you. Always remember when you change your name to change your Social Security Identification and all important documents.