Colorado is a "no-fault" divorce state, and the only grounds for divorce (dissolution of marriage) is that the marriage is irretrievably broken. In addition to entering a final divorce decree, a Colorado court will also address issues of allocation of parental responsibilities, child support, spousal support and equitable division of marital property.
Filing a Divorce Action
Either or both spouses may initiate a divorce action in Colorado by filing a petition for dissolution of marriage. One of the spouses must have resided in the state for 90 days before the petition is filed. The petition for dissolution for marriage must state that the marriage is irretrievably broken. In addition, the petition must list the residency of each spouse and the length of residency in Colorado, the place and date of the marriage, the date of separation, the names of any living children, and any arrangements for child custody, child support and maintenance (spousal support).
Temporary Injunction
The filing of a petition for dissolution of marriage in Colorado triggers a temporary injunction thatremains in effect against both spouses until the court enters a final decree in the case. The injunction bars the spouses from transferring or disposing of marital property and from canceling health, car, homeowner's or renter's insurance. Each spouse is also prohibited from removing any minor children from the state without either the other spouse's consent or a court order. In addition, each spouse is barred from disturbing the peace of the other spouse.
Child Custody
If the spouses do not agree on the allocation of parental responsibilities, the court will enter a custody order based upon the best interests of the child. The two types of custody arrangements under Colorado law are primary residential custody (where the child resides) and legal custody (the rights of the parents to be involved in decisions concerning the child).
Child Support
Colorado statutory guidelines for child support use a mathematical formula for calculating child support. The formula takes into account both parents' income, as well as other considerations. If the child is mentally or physically disabled, the court may order support to extend past age 19. A child support order remains in effect until a month after the child finishes high school, unless the court orders the parents to contribute to the reasonable cost of further education for the child.
Maintenance
Colorado law permits a court to enter a temporary order of maintenance (spousal support) after a divorce action is filed. A court may also enter a maintenance order when it issues the final divorce decree. The amount and time period for spousal support is based on factors such as the duration of the marriage and the standard of living during the marriage, the time needed for education or job training by the spouse seeking maintenance, and the financial resources of both spouses.
Property
In ordering an equitable division of marital property between the two spouses, the court may consider a number of factors. Some relevant considerations under Colorado law include the contributions of each spouse to acquiring marital property (including the contributions of a homemaker spouse), the value of the party allocated to each spouse, and the economic circumstances of the spouses when the division of property takes effect.
Tags: child support, dissolution marriage, marital property, spousal support, both spouses, each spouse
