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Colorado is a no-fault divorce state. This means that the marriage may be dissolved without needing to prove that one party is at “fault.” This also means that marital wrongdoing is irrelevant in a divorce proceeding unless there are child custody safety issues or financial wrongdoing that affect the marital estate. Either spouse may file for divorce without the other’s consent.

In the case of a Legal Separation, husband and wife can similarly separate their finances, domiciles, and parenting time, but the marriage itself remains legally intact. Neither party is to re-marry without converting their Legal Separation to a Decree of Dissolution by the Court.

A Dissolution of Marriage is what is commonly called a “divorce.” At the end of the process, both parties will have divided their assets (including debts) with the help of their respective counsel. If there are children involved, there will need to be further agreements regarding parenting time, parental decision-making, and financial support between the two parents. In a Divorce, the legal marriage itself is terminated and both parties are able to re-marry.

In Colorado, the minimum time between serving the Respondent (or joint filing) and being granted a Divorce Decree or Legal Separation is 90 days. Most divorces in Colorado will typically be completed within one year depending on the factual circumstances of each case. Contact our Aurora divorce lawyer or follow us on the web for more information.

According to Colorado law, both spouses must provide the Court (and one another) with financial documents in order to best ascertain the value of assets obtained during the marriage. In other words, you must disclose all financial documentation, and then it will be up to the Court to decide what is “separate” property, and what must be divided between spouses. Even though your bank account is only in your name it is still going to be considered marital property if:

You deposited funds during your marriage that co-mingled with funds from prior to your marriage. In this case, the account would be considered co-mingled and therefore marital property.
The funds you deposited were earned during the marriage, or
Even if you only have funds in the account from before your marriage, the principal amount will be separate funds but the interest earned on funds or any increase in value to the account during your marriage is considered marital property.

Marital debt is “equitably” distributed in the same manner as assets. Normally, the party who is allowed to keep a certain asset (say, a car or a home), will likely be responsible for the corresponding debt.

The house is a marital asset if it was purchased during the marriage. How marital assets are divided depends on the circumstances of your case. If you are able to keep the house in a division of assets, then you will also have to look at your ability to pay the mortgage and expenses. Maintenance (Alimony) may come into play depending on your circumstances. The question of keeping your house requires your attorney to review the facts and circumstances surrounding your current situation.

In Colorado, you don’t have to get married to be legally married. If you are eligible to be married (i.e.; age of majority, not married to anyone else, mentally capable) then the court looks to a three-prong test to determine if the couple is married under common law. There is no waiting period in Colorado to be married under common law.