Divorces can be very messy and very complicated and to add further complications to proceedings these laws and legal requirements can change from state to state. Today in particular we are going to take a look at what the law says in Colorado and Colorado Springs in relation to divorce and we have consulted the local team at Marrison family law to help us break down the basics and answer some of the most common FAQs around this subject. If you are living in the area and going through a divorce, here is everything that you need to know from a legal perspective.
What Are The Grounds For Divorce Here?
Each state has different requirements and definitions for what constitutes as grounds for divorce and in this is a state which is considered a ‘no-fault’ state. What this means is that the courts won’t even bother to think about any kind of fault or misconduct on the part of either spouse when deciding whether or not they will grant a divorce, how they plan to split up assets or properties, or whether they will give custody to either parent.
Is There a Requirement for Colorado Residency?
The law here states that both spouses must have lived in Colorado for at least 90 days before they can file a petition. The reason for this is that many are attracted by the ‘no-fault’ law, so this residency requirement is in place to prevent people taking ‘divorce vacations’ to Colorado.
How is Property Split Up?
The ideal scenario here is that each spouse works with the other to come to an agreement over what they will do with the property or properties which they own. Much like in many states, if the pair cannot reach a decision then the judge will take over and make that call for them. The judge will take into consideration who owned what prior to the marriage, how property was acquired and who paid most into the property.
How is Alimony Decided?
Alimony is decided by each spouse if they are able to but much like with property, if they cannot reach an agreement then the judge will step in. This will be means tested and the judge will make a decision based on the average income of the paying spouse and what is needed by the other parent and the children on a monthly basis.
How is Custody Settled?
If there are kids involved then the judge will make a decision based on where the child will be safest and most secure, which parent the can stay with that will cause minimal upheaval to their life and the child’s relationship with either parent. Much like in many states across the country the mother is the preferred choice in terms of child custody and the parents wishes will also be taken heavily into consideration.
These are the laws in the state of Colorado when it comes to divorces.