Divorce-Chapter 8

Divorce has become more common in recent years. In Colorado, you do not have to prove that a failed marriage is anyone’s fault. A "no-fault" divorce will be granted based on your inability to get along with each other. You merely state that the marriage is "irretrievably broken."

A divorce decree restores your status to that of a single person. It also divides marital property and debts and provides for maintenance (also called alimony or spousal support) when appropriate. For couples with minor children, divorce settles custody, which is now called allocation of parental responsibility visitation (also called parenting time) and child support issues. In Colorado, child support ends at age 19, and there is no provision for college in orders entered after July 1, 1997. Either spouse may receive temporary or permanent maintenance/spousal support, if he or she cannot support him or herself through employment or assets. After need is established, the law considers the length and standard of living of the marriage and each person’s job skills, income, resources, age, and health in deciding whether and how much maintenance (spousal support) to award.

You can get a divorce in Colorado if you or your spouse have been living in Colorado as your domicile for at least 90 days prior to filing for divorce. This is true if you have been living in Colorado for at least 90 days before filing and your spouse has not.

The same law and requirements apply to an action when filing for a legal separation. A legal separation decides all the issues a divorce decides, except that it does not free you to re-marry. No less than six months after the decree of legal separation, there is an absolute right for either party to convert the legal separation to a divorce, upon filing of a written motion.

If you move to Colorado and leave your spouse behind in another state, a Colorado court may not be able to decide property, child custody and support issues, even if the Court has jurisdiction to grant a divorce. A family law attorney can help you determine in which state you should file your case.

If you cannot agree on care and support for minor children or the division of property or debts, these matters will be decided by the court. There is no legal requirement that you have a lawyer, but you may decide to hire or consult with one. One lawyer cannot ethically or practically protect the interests of both spouses.

Colorado is not a community property state; the law requires an equitable division of marital property. As a result, you have to decide three things: what is marital property, what is it worth, and what is a fair division. In Colorado, the court usually assumes that each party contributed to the marriage and the property of the parties, and that an equal division of marital property is fair. Property each spouse had at the time of the marriage is generally separate property (not marital property subject to division). Thus, in all cases where property exists, but especially in short marriages, the court will consider the separate property each spouse had at the time of the marriage and still has at the time of the divorce, but will not divide separate assets. Therefore, each spouse is not necessarily going to receive one-half of the marital property.

You may have more property than you realize. Property isn’t limited to your home, cars and household items. Property also includes limited partnerships, business interests, investments, the cash value of life insurance, and pensions and retirement benefits which will pay in the future. In the absence of a marital or prenuptial agreement, all property acquired during the marriage is subject to division regardless of the name on the title. If part of a pension was earned during the marriage, that part is property the court can divide. If your divorce involves a pension, you should get legal advice.