Divorce basics in Colorado: part two

In our most recent post we discussed some very basic laws governing divorce and legal separation in Colorado. We talked about how Colorado is a "no fault" state for divorce, meaning that one spouse can seek a divorce if he or she believes the marriage to be "irretrievably broken." This week we'll address some more common questions asked by Coloradoans considering a divorce.

How long does it take to get divorced?

This can depend on many factors. At a minimum, spouses must wait 90 days after a divorce is filed for it to become finalized. This time gives them time to "cool off" to see if the marriage can be repaired. However, the length of the process can also depend on how much you collaborate with your spouse and how complex your divorce is.

For example, if you and your spouse have little property and no children, your divorce may not take much time to work out. However, if there is a great deal of property being disputed or if you and your spouse have a hard time cooperating, it may drag out the process.

Can I get a divorce in Colorado if I just moved here?

In order to get divorced in Colorado you must have lived in the state for at least 90 days with the intent of staying here permanently.

What should I do if I am served with divorce papers?

Being served is rarely a pleasant event, even if you agree that a divorce is the right choice for you. If that is the case, you should try to work with your spouse to determine how you will divide child custody and marital assets in the divorce. Do not procrastinate or ignore the papers. If you fail to respond you the Court may make decisions that affect you without your input.

Source: Colorado Legal Services, "Frequently Asked Questions about Divorce/Dissolution of Marriage"

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