Divorce is never easy. The divorce process can be emotionally draining, legally overwhelming, and filled with unknowns. You may be navigating issues like dividing marital property, determining parenting time, or addressing spousal support. It’s a lot to take in.
At Solutions Based Family Law, we understand how daunting this process can feel. We’re here to help you make decisions with clarity and confidence. Whether you’re considering divorce or have already made the decision to proceed, our goal is to equip you with the knowledge you need to make informed, empowered decisions about your future.
To help you begin, we are sharing 10 essential facts about divorce in Colorado, insights to help you understand your legal rights, responsibilities, and what to expect during the process.
1. Colorado is a “No-Fault” Divorce State
You don’t need to prove wrongdoing by either spouse to file for divorce in Colorado. The only requirement for divorce in Colorado is one spouse stating that the marriage is “irretrievably broken.” Generally, courts don’t consider abuse, adultery, or other similar factors when deciding property division or spousal support.
2. You Must Meet the Residency Requirement
Before filing for divorce in Colorado, either you or your spouse must have lived in the state for at least 91 days. If children are involved, they must have resided in Colorado for at least 182 days for the court to have jurisdiction to make decisions about your children.
3. Property is Divided through “Equitable Distribution”
Colorado is an equitable distribution state, meaning marital property is divided fairly, but not necessarily equally. The court considers many factors, including each spouse’s financial situation, their individual contributions to the marriage (both monetary and non-monetary), and the value of any separate property. This part of the divorce process can be especially complex and emotional, as financial and sentimental value often overlap.
4. Spousal Maintenance (Alimony) is not Guaranteed
Alimony in Colorado is called “spousal maintenance” and is not guaranteed. Courts must first look at various factors, including the length of the marriage, each spouse’s income, financial need, and ability to pay. While there is a specific mathematical calculation for spousal maintenance, judges can deviate from it under certain circumstances.
5. Colorado Custody Decisions are Called “Parental Responsibilities”
In Colorado, “custody” is referred to as “parental responsibilities”, which include two components:
- Parenting Time (physical custody)
- Decision-making responsibility (legal custody)
The court’s primary concern is always the best interest of the child. While shared parenting time is encouraged, the court also considers what is safe and appropriate for the children.
6. Child Support in Colorado is Based on a Formula
Courts calculate child support in Colorado using a standard formula that considers both parents’ incomes, the division of overnight time with each parent, and specific child-related expenses. Both parents have a financial obligation to support their children, regardless of who has more parenting time or who makes more money.
7. There’s a Mandatory 91-Day Waiting Period
Colorado law requires a minimum waiting period of 91 days between filing for divorce and the court finalizing the divorce. This allows ample time for mediation, financial disclosures, and working with any necessary experts. Even if both parties agree on the terms, the court must wait 91 days from the date of filing before entering final orders.
8. Both Parties Must Provide Full Financial Disclosures
Within 42 days of service of a divorce petition, both spouses are legally required to exchange financial disclosures, including income, assets, debts, and expenses. Failing to disclose financial information or attempting to hide marital assets can lead to serious legal consequences and impact the outcome of your case.
9. Mediation is Generally Required
If you and your spouse can’t agree on key issues, such as parenting time or spousal maintenance, the court will generally require mediation before setting a contested hearing. Parties may file motions to waive mediation under certain circumstances, but it’s up to the court to decide whether that’s a good decision given the situation. Mediation is a great option to help you reach a resolution without the time, expenses, and stress of preparing for and attending court hearings.
10. You can Represent Yourself, but it’s Risky
The court allows pro se parties to file for divorce in Colorado. But doing so can be risky, especially if your case involves parenting time, disagreements over the division of marital property, and spousal maintenance. A Colorado family law attorney can help protect your rights and avoid costly mistakes, as well as be an objective third-party who will zealously advocate for what’s best for you.
Ready to Take the First Step?
At Solutions Based Family Law, we’re here to help you navigate your divorce in Colorado with clarity, compassion, and confidence. Whether you’re just beginning the process or facing complex issues involving parenting time or the division of marital property, we’re ready to guide you every step of the way.
Contact us today to schedule a consultation and start building a secure, informed path forward.