At Alexander & Ewert, we know that divorces aren't easy. We also know that staying in an unhappy marriage is not healthy for anyone.
In Colorado, there are some rules that you must be aware of in order to finalize your divorce. First, you must establish whether Colorado has "jurisdiction" over your divorce.
Jurisdiction refers to the State’s ability to make someone follow their orders. In order to get divorced in Colorado – without kids – you have to have lived in Colorado for 91 days. To get divorced in Colorado – with kids – jurisdiction gets complicated. The children have to have lived in Colorado for at least six months.
After you have determined whether Colorado has jurisdiction over your case, then you have to determine what kind of marriage you have, and what kind of divorce you want.
There are two different types of marriages in Colorado – common law and traditional . Common Law marriages in Colorado do not have a minimum length, they require a finding that the couple had a reputation of being married persons in their community.
As far as what type of divorce you want there are two options: Legal Separation and Traditional Dissolution of Marriage.
1. Legal Separation
Legal separation occurs when spouses wish to maintain their legal status – married – but want to divide their marital estate and live separate lives. This is particularly helpful when one spouse wishes to remain on the other’s insurance for a period of time, or other such life considerations.
Legal separations can only be entered by the Court with the agreement of both parties.
2. Traditional Dissolution of Marriage
Traditional Dissolutions terminate any legal relationship that exists between two spouses. It requires that the marital estate be divided, and an order ending the contract of marriage between the parties. a traditional divorce does not require that both parties agree like a legal separation does.
A traditional dissolution requires a delay of 91 days from the time the petition is filed before the Court will enter any orders that dissolve the marriage.
Divorces that are not agreed to by both parties can be difficult to navigate. At Alexander & Ewert, we are skilled at serving our clients by providing honest treatment, clear advice, and smart strategies. We may offer full representation or provide legal coaching services to clients to help explain and guide clients through the court system. We also understand the financial burden of these types of cases. We offer lowered retainers and payment plans.
Don’t go into any divorce situation without being fully aware of your rights and responsibilities.
Schedule a consultation with the professionals at Alexander & Ewert.