Colorado Divorce
FAQs
I heard that Colorado is a “No-Fault” divorce state. What
does that mean?
Colorado is a no-fault divorce state. That is, the
dissolution of the marital union does not depend on "fault"
of either party, nor can any marital wrongdoing be brought
up during divorce proceedings (unless there are safety
issues related to child custody or certain instances of
financial wrongdoing that have affected the marital estate).
Either spouse may file without the consent of the other.
How is a Legal
Separation different from a Dissolution of Marriage?
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 to re-marry. In the case of a Legal Separation,
husband and wife can similarly separate their finances,
domiciles, parenting time and the like, 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. Our attorneys can
help you determine if a Legal Separation is a viable
alternative for your case.
What does the
timeline for obtaining a divorce or Legal Separation in
Colorado look like?
In Colorado, the minimum time between joint filing (or
serving the Respondent) and being granted a divorce
decree (or Legal Separation) is 90 days. However, in
most cases it will take longer. Most divorces in
Colorado will be completed in a year or less. Complex
divorces, high asset divorces or divorces that are very
contentious may take over a year to complete.
Can I keep my
personal bank account? It’s only in my name, not my
spouse’s?
Not necessarily. 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.
Who takes on the
marital debt?
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.
Do I need to
sell the house?
It depends. 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 or not depending on your circumstances.
Suffice it to say that the question of keeping the house
can only be answered by your attorney after looking at
all of the circumstances of your case.
Review additional Colorado
divorce law information by using the links in the upper left
or
Ask our Colorado divorce lawyers a legal question
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