Colorado Divorce Facts: Everything You Need to Know About Divorcing in Colorado

March 23, 2022

Colorado Divorce Facts: Everything You Need to Know About Divorcing in Colorado

Deciding to get a divorce is never easy. However, if life takes you to a position where divorce is the best option, it's essential to be prepared. From the financial side of things to the emotional impact, divorcing in Colorado can be a big undertaking. Here are some key facts about divorcing in Colorado that you should know before making the decision to split.

Fact 1: Colorado Is a "No-Fault" Divorce State

Colorado is a "no-fault" divorce state, meaning it's unnecessary to prove that your spouse is in any way at fault in order to pursue a divorce. It is enough to demonstrate that your marriage is "irretrievably broken" and that there is no longer hope for reconciliation. This is good news for couples who want to get divorced but don't want to air their dirty laundry in court. In other states, couples must prove grounds for divorce, such as adultery or abuse. This can make the divorce process much more contentious, but to the benefit of Colorado divorcing couples, it's not an issue here.

Fact 2: Colorado Is an "Equitable Distribution" State

In Colorado, all property and debts acquired during the marriage are considered "marital property" and will be divided between the two spouses in a divorce. This is different from "community property" states, where all property acquired during the marriage is considered jointly owned by both spouses and is divided equally in a divorce. Colorado is an "equitable distribution" state, which means that the court will divide property in a fair but not necessarily equal way. The court will take many detailed factors under consideration in making this determination, such as each of the individual's earning capacity, the length of the marriage, and each spouse's contribution to acquiring property.

Fact 3: Colorado Is No Stranger to Divorces

Colorado has a long history of divorces. In fact, Colorado is one of the most popular states for couples to get divorced in the United States. In 2020, for every 1,000 Colorado residents, 2.9 of them got divorced. These numbers have been relatively steady over the past few years, with Colorado consistently ranking in the top ten states for divorce rates. This means that the state is filled with resources and support for those going through a divorce, including the seasoned divorce attorneys at Johnson Law Group who can help you navigate the process with ease.

Fact 4: You Must Live in Colorado for 90 Days at Minimum to Divorce

To file for divorce in Colorado, each spouse must have lived in the state for at least ninety days prior to filing. This is known as the "residency requirement." If you don't meet this requirement, you'll need to wait until you do before filing for divorce. However, this does not mean that you need to live in Colorado for ninety days after the divorce is finalized. Once the divorce is granted, you are free to move out of state if you wish. While you are waiting for the ninety days to pass, you can begin the process of gathering all the necessary documents for your divorce. Do not feel obligated to live with each other if you are in a situation in which doing so would be unhealthy or unsafe.

FAQs

Q: Is Colorado a 50/50 state in a divorce?

A: No, Colorado is not a 50/50 state when it comes to divorce. The state uses an "equitable distribution" system when dividing property in a divorce, which means that the property will be divided in a way that is fair but not necessarily equal.

Q: What is a spouse entitled to in a divorce in Colorado?

A: Each spouse is entitled to their fair share of the property that was acquired during the marriage. The court will consider several factors in making this determination, such as each spouse's earning capacity, the length of the marriage, and each spouse's contribution to the acquisition of property.

Q: How long does a divorce take in Colorado?

A: A divorce in Colorado can take anywhere from a few months to a few years, depending on the complexity of the case. If you and your spouse can reach an agreement on all the issues in your divorce, it can be finalized relatively quickly. However, if you cannot agree on some or all of the issues, it can take much longer. The only way to be sure is to consult with an experienced divorce attorney who will intake your specific situation and give you a more accurate estimate.

Q: What is the divorce rate in Colorado?

A: The divorce rate in Colorado is near the top range of states in the US. In 2020, for every 1,000 Colorado residents, there were about 2.9 who got divorced. Colorado has been consistently ranked in the top ten states for divorce rates over the past few years.

Q: How much does a divorce cost in Colorado?

A: The cost of a divorce in Colorado can vary widely, depending on the complexity of the case and the number of hours that need to be spent by attorneys and other professionals. In general, a simple divorce can cost a few thousand dollars, while a more complex divorce can cost tens of thousands of dollars. The best way to get an accurate estimate is to consult with an experienced divorce attorney.

Q: How do I file for divorce in Colorado?

A: You can file for divorce in Colorado by filing a petition with the court. The petition must be served on your spouse, who then can respond. Once the petition and response have been filed, the court will set a hearing date. At the hearing, the judge will decide on the issues in your divorce, and the outcome will be finalized in a divorce decree.

Contact Your North Star for Divorce Support: Johnson Law Group

No one should have to go through a divorce alone, which is why the Johnson Law Group is here to help. We are a team of experienced divorce attorneys who will guide you through every step of the process, from filing the paperwork to finalizing the divorce. We will make sure that your rights are protected and that you receive the best possible outcome in your divorce. Contact us today to schedule a consultation. We look forward to helping you through this difficult time.

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