Divorce Law in Colorado

Filing for Divorce in Colorado

Whether you live high in the Rockies or a little lower down, you can file for divorce in Colorado if you or your spouse has lived in Colorado for ninety days immediately prior to filing. You may file in your county or the county where the other party resides, if you do not live in the same county.

Colorado Divorce Law Grounds for Divorce

The only grounds for divorce in Colorado is that the marriage is "irretrievably broken." The parties may agree upon the grounds for dissolution of the marriage, or one spouse may file for divorce and prove grounds to the satisfaction of the court.

Property Distribution in Colorado Divorce

Colorado is an equitable distribution state, meaning that if the parties to the divorce cannot agree on a distribution of property, the court will divide the property fairly between the parties. This may not involve a 50/50 distribution if the court believes that fairness requires a larger distribution to one party.

Only marital property is distributed in divorce; separate property, including previously owned property, inheritance and individual gifts, is not considered marital property.

Counseling or Mediation in Colorado Divorce

If the court believes that the marriage may be restored, or if both parties do not agree that the marriage is irretrievably broken, the court may order a counseling period of thirty to sixty days. The court may also order arbitration or mediation to settle disputes regarding the children, including custody, visitation and support.

Colorado Spousal Support Divorce Law

Alimony, or spousal, support in a Colorado divorce is decided by the court in each case; support is not always awarded. In determining spousal support, the court will consider factors such as the ability of each spouse to support themselves, the economic situation of each spouse, and the duration of the marriage.

Child Custody under Colorado Family Law

As in most states, child custody law in Colorado is designed to consider the best interest of the child.

The court may appoint a legal representative for the child.

The court will determine child custody based on the wishes of the parents, the relationships and the child's adjustment, and the child's wishes.

Colorado Child Support Laws

Colorado child support laws use the Income Shares Model. However, the court may order child support payments varying from this model if there is a reason, in the court's judgment, to do so.

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