There is a plethora of laws governing divorce in Colorado and they can be complex and overwhelming. Find below a comprehensive overview of Colorado divorce laws, including Colorado statutes and guidelines.
[toggle title=”Filing Requirements”] Filing for dissolution of marriage in Colorado means one of the parties has to meet certain residency requirements. One of the parties has to have lived/resided in Colorado for 91 days, just preceding the divorce process. The filing for divorce is done at the Colorado district in the county where the petitioner (or the respondent) resides.
“§ 14-10-106. Dissolution of marriage – legal separation (1)(a) The district court shall enter a decree of dissolution of marriage or a decree of legal separation when:
(I) The court finds that one of the parties has been domiciled in this state for ninety-one days next preceding the commencement of the proceeding;” (Colorado Statutes – Article 10 – Sections: 14-10-106) [/toggle]
[toggle title=”Grounds for Divorce in Colorado”] Colorado is a no-fault divorce state and either spouse can file for divorce simply because the marriage is irretrievably broken. The old grounds for divorce of adultery, cruelty, insanity, etc. are not in effect. However, the grounds for an annulment in Colorado are much different and you must meet very specific grounds for an annulment. (Colorado Statutes – Article 10 – Sections: 14-10-106) [/toggle]
[toggle title=”Petitioner | Co-Petitioner | Respondent”] The spouse filing for divorce with the court is called the Petitioner. The spouse that did not file for divorce, but receives the notice of filing is called Respondent. If the filing for divorce is done jointly, one spouse is called the Petitioner and the other, the Co-Petitioner. [/toggle]
[toggle title=”Court & Jurisdiction”] The Colorado court where the dissolution of marriage will be filed is typically the county the Petitioner is residing in and has been for the last 90 days. E.g. if you live in Arapahoe County, then the divorce would be filed in Arapahoe County District Court. The name of the court, its address and phone number is clearly noted on top of each document filed with the court. [/toggle]
[toggle title=”Initial Documents”] The first documents that are filed with the court to initiate the divorce process are: Petition for Dissolution of Marriage and Degree for Dissolution of Marriage. Once the initial documents are filed the court will assign a case number and set a date for Initial Status Conference. There can be several other documents that are required throughout the process. Some of these documents that are typically filed during the divorce process are: Domestic Relations Case Information Sheet, Summons for Dissolution of Marriage, UCCJEA Information Sheet, Notice to Set Non-contested Hearing, and Marital Settlement Agreement. [/toggle]
The content of this page is for general informational purposes only, and should not be considered advice in your case.