Requirements for Marriage Dissolution in Colorado Springs
A person filing for divorce must understand the laws and procedures that govern this process. Before formally seeking a divorce, one spouse must have resided in Colorado for at least 91 days. If the couple has children who are minors, the children must have lived in the state for at least 182 days before the court can rule on parental responsibilities.
To begin the divorce process, one spouse must file a Petition for Dissolution of Marriage in family court and have it personally delivered – otherwise known as “service” or “serving” – to the other party. Upon receiving the petition, the other spouse has 21 days to file a response or risk defaulting and losing certain rights. A skilled Colorado Springs attorney who is well-versed in the legal requirements for divorce and could guide a party through the filing process.
Does Marital Misconduct Impact a Final Divorce?
Colorado is a no-fault state, meaning that an “irretrievable breakdown” of the marriage is the only grounds for divorce. “Irretrievable breakdown” generally means that the couple has differences that, despite their best efforts, they cannot resolve.
Because of the state’s no-fault rule, marital misconduct such as adultery or desertion does not factor into a judge’s overall determination of a couple’s marital issues. Accordingly, if one spouse was unfaithful during the marriage, the other party is not automatically entitled to a more favorable divorce settlement.
To successfully pursue a final divorce, it is essential to gather the evidence needed to support the state’s no-fault grounds. A party facing the end of their marriage should consult a practiced attorney in Colorado Springs to discuss the unique facts of their divorce case.
