What Are The Requirements For Divorce In Colorado?

Divorce In Colorado – Here’s What You Need To Know

There’s a lot to consider when you’re considering ending your marriage in Colorado. Here are a few things that you should know if you’re considering divorce in Colorado.

To initiate a divorce in Colorado, certain basic requirements must be met to ensure that the court has the authority to grant your request.

Understanding these requirements will help you understand the system more effectively and prepare for what lies ahead.

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Legal Resident Of Colorado

First and foremost, you need to establish subject matter jurisdiction. This means that at least one spouse must have been a legal resident of Colorado for a minimum of 91 days before filing for divorce.

According to C.R.S. 14-10-106(1)(a)(1), this residency requirement is in place to prevent what is often referred to as “forum shopping.” Additionally, you must allow 91 days to elapse since the later of either service of process or filing your case, as indicated in C.R.S. 14-10-106(1)(a)(3).

Divorce Is Easier If Your Spouse Lives In Colorado

While establishing residency is important, it’s not the only requirement for a successful divorce process. You also need to ensure that you have personal jurisdiction over your spouse. This means the court must be able to enforce any orders it issues, particularly concerning division of property or spousal support.

If your spouse isn’t located in Colorado, the court might not have the authority to address all your requests. In situations where your spouse lives outside the state, the court can still issue a “status divorce,” which dissolves the marriage legally but may leave issues like asset division and support for later adjudication.

Colorado Is A No-Fault State

Understanding the grounds for obtaining a divorce in Colorado is also fundamental. Colorado operates under a no-fault divorce system. This means that the only reason you’ll need to state for getting a divorce is that the marriage is irretrievably broken.

According to C.R.S. 14-10-106(1)(a)(II), if one spouse declares that the marriage cannot be repaired, that statement is sufficient for the court to grant a divorce. Traditional grounds such as adultery or domestic violence may still be acknowledged, but they do not affect your ability to divorce.

Once you meet the jurisdictional requirements and establish grounds for divorce, the court can address various issues arising from your marriage. These issues include parenting arrangements, the division of marital estate, maintenance (spousal support), and child support. The court will issue orders that represent your legal rights and responsibilities moving forward, allowing you to start anew.

Lastly, while the process of obtaining a divorce in Colorado may seem overwhelming, understanding these basic requirements can streamline your experience. We offer an attorney-guided, affordable divorce in Colorado.

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