Not every marriage has a happy ending. Just as states have regulations on the marriage process, they also have legal requirements for divorce that define the procedures a person must go through in order to get divorced. The following article provides a brief overview of the divorce laws in the state of Colorado. Note that the procedures for dissolving a civil union in Colorado are basically the same.
Colorado Divorce Laws
The following table outlines the basics of Colorado's divorce laws, which regulate residency requirements, stipulate certain legal grounds, and other matters.
|Colorado Revised Statutes Title 14: Domestic Matters, Article 10: Uniform Dissolution of Marriage Act
|You must live in Colorado for at least 91 days before you are eligible to divorce in the state.
|The divorce decree can be entered into only 91 days after the case was filed if filed together with your spouse or 91 days after serving the divorce papers on your spouse. If either spouse (though typically the spouse who didn't request the divorce) denies that the marriage is irretrievably broken, the court can continue the matter further not less than 35 days or not more than 63 days later, or as soon thereafter as the matter may be reached on the court's calendar, and may suggest the parties to seek counseling.
No-Fault Grounds for Divorce
|Colorado is a “no-fault" divorce state. This means you don't have to prove any wrongdoing by either spouse. The only grounds for divorce is that the marriage is "irretrievably broken."
Defenses to a Divorce Filing
|As divorce can be requested by only one party, there aren't defenses or ways to permanently stop your spouse from requesting a divorce. Only one person has to live in Colorado and comply with the above residency requirements. Once served, under Colorado rules of civil procedure, the court will have jurisdiction.
Other Grounds for Divorce
|Although previously there were fault-based grounds for divorce, such as adultery, abandonment, or cruelty (domestic violence), today there are no grounds for divorce in Colorado besides irretrievable breakdown.
Note: State laws change all the time, therefore, it's important to verify the laws you are researching by conducting your own legal research or consulting with an experienced Colorado family law attorney.
Research the Law
Colorado Divorce Laws: Related Resources
Get Professional Legal Help With Your Divorce
It's not easy knowing where to turn when you're facing the end of your marriage, especially considering the emotional stress that typically comes with it. It's almost always a good idea to contact a lawyer, though, especially when negotiating non-tangibles such as child custody.
Get started today by reaching out to a qualified Colorado divorce attorney.