Residence Requirements:
To initiate a divorce in the state of Colorado, the filing spouse must
have been a resident for at least 90 days before filing the divorce.
Legal Separation:
The spouses may file for legal separation if there has been irretrievable
breakdown of the marriage. One spouse must have been a resident of Colorado
for 90 days prior to filing for legal separation.
General Divorce Procedure:
Either or both spouses may obtain a dissolution of marriage by
affidavit if:
a) there are no minor children and the wife is not pregnant
or the spouses are represented by counsel and have a separation agreement
granting custody and support;
b) there is no marital property or the spouses have agreed
on how to divide the marital property;
c) the spouses have no disputes;
d) the respondent has been served with the dissolution
of marriage papers. In addition, a signed affidavit stating the facts of
the case must be filed with the petition for dissolution of marriage.
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Grounds for Colorado Divorce:
No-fault:
Colorado does not recognize
no-fault grounds for divorce.
Fault-based:
The only ground for divorce
in Colorado is an irretrievable breakdown of the marriage.
Mediation or Counseling:
A mediator may be appointed at the court’s discretion or at the request
of either party. A court may appoint an arbitrator to resolve disputes
between parents concerning child support or custody,
Rights to Maiden Name:
There is no legal provision in Colorado for restoration of the spouse’s
name upon divorce. Colorado does have a general statute that allows for
the change of name, however.
Go to "Change Name" service
Title of Divorce action:
Petition of Dissolution of Marriage.
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