Colorado is a “no-fault” divorce state, meaning the state of Colorado will not consider misconduct or fault to either person ending a marriage. This means the state of Colorado does not consider marital faults such as adultery or drug abuse in deciding whether or not to grant a divorce, alimony, or property assets.
Currently the only grounds for divorce in Colorado, “irretrievable breakdown” is when a couple can no longer get along and there is no chance of reconciliation.
Filing for divorce can be one of the most stressful things you do in your life. Whitham Law Group is here to help you move forward and get through this process as easily as possible. Before filing for divorce, it is important to understand what is needed and what can happen during a divorce.
To file for divorce in the state of Colorado, you and your spouse must have lived in Colorado for at least 90 days prior to filing. When filing for divorce or dissolution of marriage, you must apply within the county which you and your spouse reside.
Divorce Papers & Forms
It is important to know, when filing your no-fault divorce forms, it must be printed on acid-free paper that is bonded. Some of the Colorado no-fault divorce forms require that all persons involved must file.
Property Division During Divorce in Colorado
While divorcing your spouse, both of you can decide how to divide your property and confirm the agreements you’ve made with a written document referred to as “separation agreement.” If a decision is not or cannot be reached by both parties, then a judge will decide how the assets will be divided.
Process of Court Deciding Division of Property
If a court has to decide how property is divided between a couple getting divorced, they first determine what is known as separate property. Separate property includes:
- Property that was obtained by an individual prior to marriage or after legal separation
- Property obtained by a gift or inheritance
- Property excluded by marital estate by agreement between spouses
After the court has determined what is separate property, they will then determine what is martial property, which includes all property outside of separate property that was obtained during marriage. The marital property will then be divided between the spouses in a way the court believes is fair depending on these factors:
- Each spouses contribution to the marital property (including the contribution of spouse as a homemaker)
- Value of property set aside by each spouse
- Economic status of each spouse post divorce
- Increases and decreases of the value of separate property obtained during the marriage
Types of Divorce Alimony
Although in the state of Colorado, a court does not award alimony based on past misconduct during a marriage, alimony can still occur after a divorce takes place. Divorcing spouses can determine how much alimony will be paid from on to the other and how long it will be paid. Again, if the spouses cannot come to a decision, the court will look at determining factors and decide for them.
Courts can order one spouse to temporarily pay alimony to a lower-earning or unemployed spouse during the divorce.
Courts can order one spouse to pay alimony after a divorce proceeding, if the receiving spouse does not have enough income to support themselves and shows that they cannot become self-supporting immediately. Examples of this are spouses who may not have the necessary work experience needed in order to receive enough income to cover current living expenses or children.