10:43 AM Colorado State Divorce Laws - How to File | ||||
BjArn Kindler/E+/Getty Images RESIDENCY REQUIREMENTS AND WHERE TO FILE: 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 where either party resides. [Based on Colorado Revised Statutes 14-10-106] [Based on Colorado Revised Statutes 14-10-106] LEGAL SEPARATION: If a party requests a legal separation instead of a dissolution of marriage, and the other party doesn t object, the court will grant a legal separation. A separation agreement can contain provisions for the maintenance of either spouse, the division of any property, and provisions for parental responsibilities, support, and parenting time of their children. [Based on Colorado Revised Statutes 14-10-106 and 14-10-112] SPECIAL DIVORCE PROCEDURES: The court may appoint an attorney to represent the best interests of the child at the request of either parent or upon its own motion, with respect to the child s custody, allocation of parental responsibilities and rights, and any other issues related to the child. [Based on Colorado Revised Statutes 14-10-116] MEDIATION OR COUNSELING REQUIREMENTS: A court may order a parent whose child is under eighteen years of age to attend a special program designed to provide education concerning the impact of separation and divorce on children . [Based on Colorado Revised Statutes 14-10-123.7] PROPERTY DISTRIBUTION: Colorado is an equitable distribution state. meaning that if the parties can t agree, the property will be distributed in an equitable fashion, not necessarily equally. When dividing the marital estate, the court will base it s decisions on the following factors: 1) The contribution of each spouse to the marital estate, including the contributions as a homemaker; 2) The value of property set apart to each spouse; 3) The desirability of awarding the family home to the custodial parent. as well as the economic circumstances of each spouse; 4) Any depletion of separate property for marital purposes. or any increases in the value of separate property of the spouse during the marriage. Separate property not subject to division includes inheritances, property owned prior to the marriage, gifts, property acquired after a legal separation, property excluded by a valid agreement. [Based on Colorado Revised Statutes 14-10-113] ALIMONY/MAINTENANCE/SPOUSAL SUPPORT: 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 temporary support is requested during a legal separation or during the dissolution of marriage, the court may apply a presumptive formula to determine the level of maintenance. The monthly amount of temporary maintenance shall be equal to forty percent of the higher income party s monthly adjusted gross income less fifty percent of the lower income party s monthly adjusted gross income. In determining the level of support to be paid after the dissolution of marriage, the court will take the following factors into consideration when determining the level of support:
[Based on Colorado Revised Statutes 14-10-114] SPOUSE S NAME: 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 a prior name. To change your name to something other than a 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 prior to the date of the filing of the petition. [Based on Colorado Revised Statutes 13-15-101] Custody may be awarded to either parent based on the best interest of the child, and shall consider all relevant factors, including:
share on facebook pin to pinterest
| ||||
|
Total comments: 0 | |