Conditions of Residency and Filing
Filing for a Divorce in Colorado dissolution of marriage, simply called a divorce, requires that residency conditions must be satisfied so that the court takes the case (“Colorado Divorce Laws”). If the court finds it lacks the authoritative rights to listen to the case, it will be refused or ultimately set aside. The following conditions are:
- The district court must put in a divorce decree when: The court decides that a party has lived in this state for ninety days past the proceeding’s beginning.
- The divorce can be filed in the petitioner or respondent’s residing county.
Filing Basis
The divorce petition should state the suitable Colorado basis on which the marriage’s dissolution is being requested. The suitable legal argument will be that the parties concur on and can validate, or the filing spouse wishes to establish to the court. The following dissolution of marriage basis is:
- The sole basis for a divorce in Colorado is founded on the court deciding the marriage as being permanently damaged.
Titles
The filing spouse is the Petitioner. He or she begins the filing process with the family law or domestic relations court. The non-filing spouse is the Respondent. He or she does not file the original divorce papers, but instead obtains them by service.
Court Designation
The divorce will be filed in any state district court in Colorado. It will designate a case number and possess authoritative rights to ease and permit the orders regarding, but not restricted to: the division of property and debt, support, custody, and visitation. Its name is obviously signified on the first line of every document that is filed.
Main Papers
A divorce petition and decree are the necessary documents required to begin and conclude a divorce as stated by Colorado law. There are about between ten and twenty other documents that might be needed during the filing procedure. Some others are normally filed throughout the procedure. They are as follows:
- Domestic Relations Case Information Sheet
- UUCJEA Information Sheet
- Summons for Dissolution of Marriage
- Notice to Set Non-contested Hearing
- Marital Settlement Agreement.
Court Clerk’s Title
Office of the District Clerk. The district clerk or his or her aides are the individuals handling your court paperwork. His or her office will continue to inform the participants and attorneys during the procedure regarding extra necessary paperwork, supplementary conditions, and hearing schedule.
The Distribution of Property
Colorado is an “equitable division” state. Therefore, the marital property must be split in an impartial manner. In this legal context, equitable implies reasonable instead of equal. The court will persuade the parties to arrive at a resolution on property and arrears matters or else award the property itself.
If the participants cannot come into an agreement concerning marital property distribution, the court must apportion property to the spouses and split the marital property, regardless of marital wrongdoing, in such extent as it considers fair after taking into account every pertinent issue as well as the following:
- The individual roles of the spouses in the purchase of the marital property, as well as the role of a spouse family manager
- The worth of the property that is assigned individually to the spouses
- The financial conditions of the spouses during the splitting up of property is to turn out to be in effect, as well as the appropriateness of giving the domicile or the privilege to reside there for sufficient intervals to the spouse who spends most of the time living with a few children
- A few upsurges or reductions in the worth of the spouse’s separate property throughout the marriage or the separate property’s depletion for marital reasons.
Marital property involves every property obtained by the spouses following the marriage excluding:
- Property obtained by gift, inheritance, devise, or ancestry
- Property obtained in return for property gained before the spouses married or by gift, inheritance, devise, or ancestry;
- Property that the spouses obtained following a legal separation decree
- Property ruled out by the parties’ valid agreement.
Restoring or Changing Name
There is no particular mention to altering the wife’s name in a divorce proceeding. The court can be petitioned for a name change.
