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Henry Dahut, J.D.
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Henry Dahut is a licensed California trial attorney. Over the course of his 25-plus years practicing law, Henry has represented and counseled countless clients in legal trouble.
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Colorado Divorce & Family Law Summary
Introduction
This summary is intended to deepen your understanding of the divorce laws and legal process in Colorado so that you can make an informed and considered decision on whether to dissolve your marriage, and if so, the types of important decisions you will need to make during the divorce process.
In this summary we will cover:
- How Colorado divorce law governs the divorce process.
- As a “no-fault” divorce state, Colorado allows couples to file for divorce on the grounds of irretrievable breakdown of the marriage, without the need to prove wrongdoing or blame by either party.
- Colorado provides specific procedures for equitably dividing marital property fairly by having its divorce courts consider factors such as the length of the marriage and each spouse’s economic circumstances.
- How Colorado treats and resolves issues of spousal maintenance, also known as alimony.
- Concerning Colorado’s child custody and child support laws, you will learn how the state prioritizes custodial arrangements that serve the best interests of the child.
We will begin by covering Colorado’s residency requirements for filing a divorce within the state of Colorado.
Residency Requirements
To file for a dissolution of marriage in Colorado, one party must be a resident of the state for at least 90 days before filing. The petition for dissolution of marriage may be filed in the county where either party resides.
Grounds For Divorce – No-Fault
Colorado is a “no-fault” divorce state. This means that the only legally recognized ground for divorce is the irretrievable breakdown of the marriage in which neither spouse is required to prove fault or wrongdoing, such as adultery or abandonment, to obtain a divorce.
Instead, one or both parties simply need to assert that the marriage is beyond repair.
The goal of Colorado’s no-fault approach is to reduce conflict and simplify the divorce process by focusing on resolving major issues like property division, spousal support, and child custody, rather than assigning blame or fault for the breakdown of the marriage.
The court will grant a divorce if it is convinced that the marriage cannot be repaired, even if one spouse disagrees.
Legal Separation
If both spouses request a legal separation instead of filing for a dissolution of their marriage, the court will likely grant the legal separation.
In most cases a separation agreement will need to be drafted and approved by the court which will contain the provisions for the maintenance of either spouse, the division of any property, and requirements for parental responsibilities, support, and parenting time of their children.
Legal separation can offer benefits such as allowing spouses to retain certain marital benefits, like health insurance and providing a period of adjustment before making the final decision to divorce. It provides a structured framework for living separately while addressing key issues that might arise during the separation period.
Property Division
Colorado is an equitable distribution state, meaning that if the parties can’t agree, the property will be distributed equitably – but not necessarily 50/50.
When dividing the marital estate, the court will base its decisions on factors such as:
- The contribution of each spouse to the marital estate, including the contributions as a homemaker.
- The value of a property is set apart for each spouse.
- The desirability of awarding the family home to the custodial parent, as well as the economic circumstances of each spouse.
- Any depletion of separate property for marital purposes or any increases in the value of the spouse’s separate property during the marriage.
- Separate property not subject to division includes inheritances, property owned before the marriage, gifts, property acquired after legal separation, and property that might be expressly excluded by a valid agreement prenuptial agreement.
Watch a divorce and family law representative of the Colorado Legal Group discuss property division in Colorado:
Alimony and Maintenance
Spousal maintenance may be awarded on a temporary or permanent basis to either spouse. When the parties’ combined annual gross income is less than seventy-five thousand dollars and quick support is requested during a legal separation or the dissolution of marriage, the court may apply a presumptive formula to determine the level of maintenance.
In determining the level of support to be paid after the dissolution of marriage, the court will consider the following factors when choosing the level of support:
- The duration of the marriage.
- The standard of living that was established during their marriage.
- The financial resources of the spouse seeking support, including marital property received in the divorce settlement and the party’s ability to meet their needs independently.
- The time necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment and that party’s future earning capacity.
- The age and the physical and emotional condition of the spouse seeking maintenance; and the spouse’s ability from whom care is aimed to meet their needs while meeting those of the spouse seeking maintenance.
Child Custody
Custody may be awarded to either parent based on the best interest of the child and shall consider all relevant factors, including:
- The wishes of the parents concerning parenting time.
- The wishes of the child, if sufficiently mature to express reasoned preferences concerning the parenting arrangement.
- The relationship of the child with their parents, siblings, and any other person who may significantly affect the child’s best interests.
- The child’s adjustment to their home, school, and community.
- The mental and physical health of all individuals involved.
- The ability of the parents to encourage the sharing of love, affection, and contact between the child and the other parent.
- Whether the past pattern of involvement of the parents with the child reflects a system of values, time commitment, and mutual support.
- Evidence of spousal abuse, child abuse, or neglect by either parent.
- The ability of each parent to place the needs of the child ahead of their own needs.
Child Support
In Colorado, child support is determined using a formula outlined in the state’s child support guidelines, which are written to ensure that children receive financial support from both parents in a manner consistent with their child’s needs and the parent’s financial abilities.
The guidelines consider several factors to calculate the appropriate amount of support, including:
- Income of Both Parents
- Number of Children
- Parenting Time
- Childcare Costs
- Healthcare Costs
- Educational expenses and other special needs of the children is considered.
Child support may continue until a child becomes emancipated, graduates from high school, or continues beyond the age of nineteen if the child is mentally or physically disabled.
Support for the post-secondary education of the child may be ordered by the court.
Legal Name Change
Even though Colorado doesn’t specifically address the matter of changing your name during proceedings for the dissolution of marriage, there is a section on the Petition for Dissolution of Marriage where you can request that your name be restored to the last name.
To change your name to something other than the previous name, you must petition to that effect, verified by affidavit, to the district or county court in the county where you reside, including your full name, the desired name, and a concise statement of the reason for the name change.
The petitioner is required to submit a fingerprint-based criminal history record check within ninety days before the date of the filing of the petition.
Same-Sex Divorce
On June 26, 2015, the U.S. Supreme Court ruled that gay marriage is a right protected by the U.S. Constitution in all 50 states. It follows, therefore, that the rights and obligations between same-sex divorcing parties are subject to the same dissolution laws of that state.
However, given the recent ruling of the far-right leanings of the U.S. Supreme Court, there may be a reversal of gay marriage rights in the future.
Sources and References:
Colorado Law and Revised Statutes
Cornell Law Information Institute
