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Colorado Uncontested Divorce Online  
  Before you start completing your uncontested divorce forms with us, please read all the requirements for Colorado divorce. Make sure that your situation matches all the requirements. Colorado Uncontested Divorce online  
 

Requirements for Colorado Divorce

(Colorado Revised Statutes, Title 14) 		 
 

RESIDENCY REQUIREMENTS:

Domicile in the state of Colorado of one of the parties to the divorce action for at least 90 days prior to filing is required.
 
The Petition for dissolution of marriage may be filed in the county of residence of either petitioner or respondent.

GROUNDS FOR DIVORCE:

The only ground for dissolution of marriage in Colorado is irretrievable breakdown of the marriage. (Colo Statutes, Art.10, Section 14-10-106)

LEGAL SEPARATION:

Spouses may file for legal separation if there has been irretrievable breakdown of the marriage. 90 days residency requirement apply to legal separation.

PROCEDURE:

The petition in a proceeding for dissolution of marriage or legal separation shall allege that the marriage is irretrievably broken and shall set forth:
  • The residence of each party and the length of residence in this state;
  • The date and place of the marriage;
  • The date on which the parties separated;
  • The names, ages, and addresses of any living children of the marriage and whether the wife is pregnant;
  • Any arrangements as to the allocation of parental responsibilities with respect to the children of the marriage and support of the children and the maintenance of a spouse;
  • The relief sought; and
  • A written acknowledgment by the petitioner and the co-petitioner, if any, that he or she has received a copy of, has read, and understands the terms of the automatic temporary injunction.
(Colo Statutes, Art.10, Section 14-10-107)

DIVISION OF PROPERTY:

In Colorado, marital property is divided without regard to marital misconduct, in such proportions as the court deems just after considering all relevant factors including: the contribution of each spouse to the acquisition of the marital property, including the contribution of a spouse as homemaker; The value of the property set apart to each spouse; The economic circumstances of each spouse at the time the division of property is to become effective, including the desirability of awarding the family home or the right to live therein for reasonable periods to the spouse with whom any children reside the majority of the time; and Any increases or decreases in the value of the separate property of the spouse during the marriage or the depletion of the separate property for marital purposes. (Colo Statutes, Art.10, 14-10-113)

ALIMONY AND SPOUSAL SUPPORT:

Either spouse may be awarded support for a just period of time without regard to marital fault. The monthly maintenance is calculated based on spouses’ income.
 
(1) When the combined annual gross income of the two parties is $75000.00 or less, there shall be a rebuttable presumption in favor of a specific award of temporary maintenance from the higher income party to the lower income party, and it shall be equal to 40% (forty) of the higher income party's monthly adjusted gross income less fifty percent of the lower income party's monthly adjusted gross income. If the remainder of such calculation is the number zero or a negative number, the presumption shall be that temporary maintenance shall not be awarded. If the remainder of such calculation is more than zero, that amount shall be the amount of the monthly temporary maintenance. (Colorado Revised Statutes, Title 10, 14-10-114)
 
(2) In those cases in which the combined annual gross income of the parties exceeds $75000.00, the court may award a monthly amount of temporary maintenance only if the spouse seeking maintenance:
  1. Lacks sufficient property, including his or her share of any marital property, to provide for his or her needs;
  2. Is unable to support himself or herself through appropriate employment, or has custody of a child and the circumstances are such that the spouse should not be required to seek employment outside the home.
For couples with over $75,000.00 joint income, the award of maintenance is based upon the following factors:
  1. The time necessary to acquire sufficient education and training to enable the spouse to find appropriate employment and that spouse's future earning capacity;
  2. The standard of living established during the marriage;
  3. The duration of the marriage;
  4. The ability of the spouse from whom support is sought to meet his or her needs while meeting those of the spouse seeking support;
  5. The financial resources of the spouse seeking maintenance, including marital property apportioned to such spouse and such spouse's ability to meet his or her needs independently;
  6. The age of the spouses;
  7. The physical and emotional conditions of the spouses;
  8. Any custodial and child support responsibilities.

CHILD CUSTODY:

Joint or sole custody will be determined with regard to the best interests of the child, without regard to the sex of the parent, and after considering the following factors:
  1. The preference of the child;
  2. The desire and ability of each parent to allow an open and loving frequent relationship between the child and the other parent;
  3. The wishes of the parents;
  4. The child's adjustment to his or her home, school, and community;
  5. The mental and physical health of all individuals involved;
  6. The relationship of the child with parents, siblings, and other significant family members;
  7. Any child abuse or spouse abuse by either parent;
  8. Whether a parent's past involvement with the child reflects a system of values, time commitment, and mutual support;
  9. The physical proximity of the parties to each other;
  10. The ability of each party to place the needs of the child ahead of his or her own needs.
Visitation may be restricted if there is a danger to the child. (Colo Statutes, Article 10, Sections 14-123, 14-124, and 14-129)

CHILD SUPPORT:

Before making decision on child support, the court shall consider the following factors:
  1. The financial resources of the child;
  2. The financial resources of the custodial parent;
  3. The standard of living the child would have enjoyed had the marriage not been dissolved;
  4. The physical and emotional condition of the child and his educational needs; and
  5. The financial resources and needs of the non-custodial parent.
(CRS, Art. 10, Title 14-10-115)
 
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