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Divorce Laws in Colorado

Colorado has a 90 day waiting period for divorce. Counseling, mediation or arbitration may be court ordered if couples cannot agree on terms.

Common law marriage is recognized in Colorado and can require dissolution of marriage when couples break up. There are no time requirements to establish common law marriage, merely the requirement that you have represented yourselves publicly as being married.

Residency and jurisdiction
One party must have lived in the state for 90 days preceding filing. Divorce may be filed in the county where either party resides

Fault or no fault
Colorado is a no fault only state. Colorado does not permit fault divorces. The only permissible grounds for divorce in Colorado is that the marriage is irretrievably broken

Division of property
Colorado is an “equitable distribution” state meaning the property is not divided 50/50 but rather in a manner that the court deems fair to both parties.

Spousal support
When determining spousal support the court must consider the following:

  • Whether a party has insufficient property to care for his/her reasonable needs
  • The inability of one spouse to support his/her self through appropriate employment
  • The ability of the other spouse to provide support

Child custody and support
According to Colorado law, when determining child custody, the court must consider:

  • The wishes of the child's parents as to parenting time
  • The wishes of the child if he or she is sufficiently mature to express reasoned and independent preferences as to the parenting time schedule
  • The interaction and interrelationship of the child with his or her parents, his or her siblings, and any other person who may significantly affect the child's best interests
  • The child's adjustment to his or her home, school, and community
  • The mental and physical health of all individuals involved, except that a disability alone shall not be a basis to deny or restrict parenting time
  • The ability of the parties to encourage the sharing of love, affection, and contact between the child and the other party
  • Whether the past pattern of involvement of the parties with the child reflects a system of values, time commitment, and mutual support
  • The physical proximity of the parties to each other as this relates to the practical considerations of parenting time
  • Whether one of the parties has been a perpetrator of child abuse or
  • Whether one of the parties has been a perpetrator of spouse abuse
  • The ability of each party to place the needs of the child ahead of his or her own needs.

Colorado uses the Income Shares Model to calculate child support.

If you are facing or considering divorce in Colorado, contact and experienced Colorado divorce attorney today.

Click here to select from Colorado divorce lawyers in your area.

 
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Disclaimer: Divorce law information contained throughout this page is intended to generally inform you about divorce law in Colorado and introduce you to divorce lawyers throughout the U.S. The information regarding divorce and divorce law is not meant to be taken as legal advice. If you like to speak with an experienced divorce attorney, click on the link to your state to find an experienced divorce lawyer in your area for an initial consultation.
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