Colorado Divorce Legislation
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For anyone considering a divorce in Colorado, you can expect to hear different terminology, when it comes to rights and options. For example, in the state of Colorado, when it comes to divorce, the term ‘dissolution of marriage’ is used rather than the term ‘divorce.’ When it comes to alimony, Colorado law also uses the term spousal maintenance rather than the term alimony. In addition, there is a minimum 90-day waiting period after filing for a divorce in Colorado. Basically, what that means is that if a couple has resolved most things and they have a written agreement filed with the court within 90 days, then any day after the 91st day, the court can sign off on a divorce. But a judge in Colorado will not finalize a divorce until all issues are resolved by the court or in a separation agreement.
The Basis for Divorce in Colorado Legislation
While Colorado is also a ‘no fault’ divorce state, when it comes to Colorado law, the only basis for divorce is a finding by the judge that the marriage is irretrievably broken. Whether a husband or wife has been cheating, or one of the parties is habitually drunk, none of these things comes up in a court in Colorado. The only focus of the court is who gets what, who gets custody and who pays how much. In other words, infidelity is irrelevant in a Colorado divorce. Colorado law also requires that at least one of the parties filing for divorce must be a Colorado resident for at least 90 days before the filing of a divorce.
In Colorado, the law requires the judge to look beyond the request of the person petitioning for a divorce so that he or she may determine whether the marriage is in fact irretrievably broken. Generally speaking, if the couple wants to divorce, the judge will grant a divorce. But if one of the partners wants the divorce and the other partner doesn’t, the judge may give the couple time to participate in marriage counseling. If the party that doesn’t want the divorce continues to choose the divorce route, usually the divorce will be granted.
Changes to Colorado Divorce Laws
In 2007, Colorado divorce laws regarding child support were broadly changed. Newer 2008 Colorado child support laws took place, substantially making additional changes in regard to the calculation of Colorado child support. Child support is determined by a formula based on state statue. Colorado’s philosophy when it comes to child support is that a child should be entitled to the same standard of living as if the couple stayed together. Colorado legislation states that child support is based on the gross income of the parties and the number of overnights the child spends with each parent. Basically, if both parents earn the same amount of money and spend equal amount of time with the children, both must contribute equally.