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Colorado Divorce FAQ

While divorces signify the end of a marriage, it’s also a complicated legal process that can leave you with more questions than answers.

Our Colorado Springs family lawyers are here to address some of the most common questions regarding divorce so that you can get through yours with ease.

What are the grounds for divorce in Colorado?

There are fault and no-fault states when it comes to divorce, and Colorado falls under the latter category. So what does that mean for you? Courts won’t consider either spouse’s misconduct in deciding whether to grant the divorce or other divorce matters.

The only ground for divorce in Colorado is the “irretrievable breakdown” of the marriage, meaning the couple can’t get along, and there is no chance for reconciliation.

What are the requirements for filing for divorce?

In Colorado, the courts can enter a divorce decree if you show that:

  • You or your spouse has lived in the state for 90 days prior to the commencement of the proceedings

  • The marriage is irretrievably broken

How long does a Colorado divorce take?

No two divorces are alike, so there’s no simple answer, but you can look at your situation. If you and your spouse can agree to an uncontested divorce, it can take as little as 90 days. A contested divorce can take a year or more, although the average time in the Colorado Springs area is about nine months.

How are property and debts divided?

If spouses can’t agree on how to divide their assets, a judge will make the decision. First, they will determine separate property, which includes anything acquired before the marriage, gifts or inheritance, and anything in a marital agreement. Anything outside is considered marital property and divided among the parties in an equitable manner, which does not necessarily mean 50/50.

 

Courts will take into account the following factors:

  • Each spouse’s contribution to the acquisition of marital property, including the contribution of a spouse as homemaker

  • The value of the property set aside for each spouse

  • The economic circumstances each spouse will face after the divorce, and

  • Any increases or decreases to the value of either spouse’s separate property during the marriage or the use of any separate property for marital purposes.

What’s the difference between legal and physical custody?

Legal custody refers to a parent’s authority to make major decisions regarding a child’s health, education, and welfare. Physical custody refers to when and where parents will spend time with their children.

How do I win custody of my children?

Child custody issues can be a major point of contention in the divorce process, but it’s important to remember to stay focused on the child’s best interests. That is the standard used in family law courts, but you should also use it to resolve disputes outside of the courtroom rather than focusing on “winning.”

How does alimony work in Colorado?

Colorado courts typically view spousal support as a rehabilitative aid. For a spouse to qualify, they must show that they don’t have enough income or assets to support themselves. Courts will consider the following to determine maintenance:

  • The duration of the marriage

  • The marital standard of living

  • The education of both spouses

  • The age and health of each party

 

If the couple was married for at least three years but less than 20, the state uses the following system to calculate the amount and duration of support:

  • 3 years: 31% for 11 months

  • 5 years: 35% for 21 months

  • 10 years: 45% for 54 months

  • 15 years: 50% for 90 months

  • 20 years: 50% for 120 months

Do I need a divorce attorney?

DIY divorces are possible, but it is not recommended. Divorce cases can be complex and involve important matters pertaining to your future that should not be handled lightly. Our team can ensure that your interests are protected and provide valuable counsel throughout proceedings.

There are countless questions when it comes to divorce. If we did not get to yours, do not hesitate to reach out to us by calling (719) 212-4227.

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