When you have decided that you cannot live with your partner anymore, then in Colorado you can file the divorce. In Colorado, filing divorce is a straightforward process. The court grants you divorce on the ground ‘Irretrievably broken’. The only condition is you should have some important documents. Here is the process of getting divorced in Colorado.
- Made up Your Mind and Take the Final Decision
Before taking any decision regarding divorce made up your mind first analyzing all situations. Be clear in your thought why you need a divorce. Colorado is a “No-fault” divorce state. That means in Colorado, you do not have to give various reasons as for why you need the divorce. In place of that, you can get divorced by simply giving the reason that your marriage is “Irretrievable Broken”.
For dividing property and for awarding support of a spouse, the Court might consider the fault-based argument. However, the fault is never considered in the complaint in the initial paperwork, the faults are given in a different form which is called “Petition”.
- Collect All Documents for Filing Divorce
For filing a divorce in Colorado, you have to be the permanent resident of the state. If you are not the permanent resident, then your spouse should hold an established domicile of state, this should of 90 days. Not like other states where domicile means you are living in The Centennial State at least for three months. But, in Colorado, domicile does not mean you have physical presence always, the meaning of domicile is more a matter of intent than having an address in the state. Some actions that show intent include maintaining voter registration, car registration, owning a house, etc. Many people from different countries have got domicile of Colorado using the same system.
- Division of Property in Colorado
Once you have filed a divorce in court, it is the time for property division. The law for property division in Colorado is simple and claims equal distribution. The court divides property fairly, if not equally. The court considers many factors while deciding to divide property between spouses. The factors are, the contribution of each member in building marital property along with the contribution of homemaker, the value of the property is set aside. The court also considers a financial contribution of both spouses at the time when the property is divided, any loss or gain in spouse separate property at the time of marriage or the decrease of property separation for marital purposes. According to the Colorado marriage law, marital property means the property that a couple owns after the marriage. This does not include gifts, anything obtained in the exchange of gifts, acquired property after the legal separation, a property that is left by partner after mutual agreement.
- Decree of Marriage Dissolution
Now that you and your partner have agreed to take divorce and in the distribution of property. You can file a divorce in Court. However, to get the final divorce, you still have to wait for 90 days. In most of the cases the settlement process takes more than 90 days, so remain prepared for the same. The family court of Colorado will not issue the marriage dissolution decree before the period of three months after you have served the petition or service has been removed. This is the cooling off period and this is the court’s way of giving an opportunity to both sides to discuss all issues in their relationship. Many couples decide to call off their decision after reaching at this point. The court has certain guidelines for both partner for this period and it is important for both partners to follow those guidelines carefully.
- File the Petition
If you and your partner have reached a mutual agreement on most of the issues, then now you can file a mutual petition. If both of you do not agree for things, which happens most of the time, then one partner can file a petition on their own and then serve it to his/her spouse. The spouse, on the other hand, will have the time to respond to your petition. The Court gives the time of 21 days to partner to send a reply. Meanwhile, you visit the court and file a divorce. The waiting period to get a divorce in Colorado is 90 days, just like most countries in the World. The waiting time period starts from when the second partner receives the document and submit the summon in court as proof.
Once you have fulfilled all these processes, now you have done half of the work. If you are filing your divorce taking the help of an attorney, things will become easy for you. Attorney gives all guidance to you, from time to time and gives right suggestions.
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