How to FIle for a Colorado Divorce

A perfect relationship where the married couple has absolutely no troubles is purely fiction. This is an almost impossible dream in reality. Still, the differences in opinions (and sometimes there can be issues that are of a more serious nature) can lead to such a situation that might make it seem there is no future in the marriage. This is where the idea of a divorce crops up.

If it also seems to you that your marriage is simply not working out and there is no future in it, perhaps it is time to move out and go along on your own separate ways. If you are a resident of the State of Colorado, you can file for divorce successfully. However, you will have to approach the court of law and know how to file the application for divorce. Here are some of the guidelines that will help you file the divorce application:

First, to file for divorce in Colorado, you have to meet lengthy and fairly stiff residency requirements. For voluntary separation without cohabitation, you have to be a resident for 90 days in the state. The dissolution of marriage may be filed in the county in which you or your spouse resides according to the Colorado Statutes - Article 10 - Sections: 14-10-106.

Here are some other grounds on which you can file for divorce in the state of Colorado:

•    Drugs and alcoholism
•    Physical or mental assault that is a deterrent of peaceful coexistence
•    Conviction from crime
•    Bigamy
•    Desertion
•    Impotency
•    Insanity

You can also file a ‘no-fault’ Colorado divorce which entails that you and your spouse have to live separately for at least two years before filing for divorce. Of course, when a ‘no-fault’ divorce has been filed, it means that the two of you are not raising any charges against each other.

Property Distribution and Divorce

Every couple has some properties such as a home, vehicle/s, bank accounts, insurance policies, stocks etc. How the properties would be divided once the divorce has come into effect is always a contentious issue.

When you are filing for a Colorado divorce, you need to know the following:

Since Colorado is an "equitable distribution" state, the marital property is always divided in an equitable fashion. Please take note that equitable does not mean equal, but rather what is fair. The court will encourage both you and your spouse to reach a settlement on property and debt issues. If this is not possible, then the court will make a decision on who gets what.

Steps to File for Divorce in Colorado

Step 1: First, retain the services of a lawyer. Even if it seems that there are no disagreements between you and your spouse, and both of you want the divorce, there can still be some complications when the legalities come in. So, it is always best to opt for professional legal help.

Step 2: You will need to know and verify the court in which you will have to file your petition for divorce, whether it be in the State of Colorado or a Denver divorce. Where should you do it – at the circuit or superior court in your county or district? You can ask your legal help about this, or you can call your local courthouse and inquire.

Step 3: Now you need to decide the kind of divorce you want to file – a ‘no-fault’ divorce or an ‘at-fault’ divorce. In the ‘no-fault’ divorce, it is just due to ‘incompatibility’ and neither of you are presenting any charges against each other in court. An ‘at-fault’ divorce on the other hand is just the opposite, as you can blame your spouse for breaking the marriage. The grounds for this are many, including impotency, cruelty, felony, crime, abandonment and others.

Step 4: Now is the time to decide who will file for divorce – you or your spouse. In many cases, either the husband or the wife can do this.

Step 5: Child custody is always a very serious issue and it is in this stage that you will need to file the papers for temporary custody and support.

Step 6: It is necessary that you have proof, called the "service of process," to show that a copy of the divorce papers was served to your spouse or his/her lawyer. Do remember that it is always best to have the papers served in a dignified manner, such as in the evening or to the lawyer's office. Do not have the papers served to your spouse at work.