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What are the Requirements for Divorce in Colorado

Couples separate and go their own ways — even married ones. Though it’s part of the natural course of life, married couples will need to legalize their separation through a divorce proceeding. This is because there are a lot of things that need to be taken into account when married couples decouple, such as the separation of properties, division of the shared business, and parenting plan matters, if they have children.

A divorce proceeding settles all affairs involved in the marriage and divides whatever is co-owned by the spouses in order to help give them a fresh start in life and move on as individual people. 

The requirements for divorce differ from couple to couple, depending on a variety of different factors. Some of the most crucial things to consider include whether the couple has children or settled their divorce amicably. 

Spouses Without Children

Spouses who did not have children and have lived in Colorado for 91 days can file for divorce. If they wish to settle amicably, they can file all the requirements together. The process for these types of cases will typically be done in 90 days. However, it can take much longer depending on the goodwill of the divorcing parties, considering that they would have to agree on important matters and make crucial decisions. 

Spouses With Children

Spouses that have children and wish to divorce have a long process ahead of them. The procedure can double in terms of the length of time because they have additional matters involving the children and how they will be taken care of. 

If the spouses have children, the requirements to file for divorce include:

  • They should have lived in the State of Colorado for 182 days
  • They should be living with their children

In some cases, the court will exercise their emergency jurisdiction. This usually happens in case of rare circumstances where time is of the essence, like cases of domestic violence. The emergency jurisdiction will exempt the party filing from certain requirements. 

Some States will also have different requirements, so it’s important for couples to look at the laws in their State to be aware of what they need to do and file for their divorce. Or they can opt to hire a lawyer, which is the ideal choice when going through a divorce proceeding. A lawyer can help navigate the case and achieve the most favorable results.

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Leslie
Shafer

Partner - Alternative Dispute Resolution

Colorado Springs

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