Stress and other issues associated with divorce can take a toll on your life. Perhaps you have a lot of questions racing in your mind; will your insurance change? What will happen to your kids after divorce? Will it be difficult for you to move on after separation?
According to Divorce Matters Law Firm, every divorce case unique. Fortunately, Colorado State law facilitates a fair distribution of marital property and timely proceedings. Here are some of the essential things you should know about divorce under the Colorado State law.
1. The process of filing a divorce requires several forms
To start divorce proceeding, you and your spouse should acquire and complete the appropriate divorce paperwork. Some of the forms that should be completed include;
- The relevant case information
- A petition for marriage dissolution (must be signed in front of a notary)
- Parenting plan (in case the couple has kids)
- Summons (in case you aren’t filing the divorce case with your spouse)
The law allows a couple to file a divorce case jointly. This option involves less paperwork. For instance, there is no need to file summons. Besides, filing the divorce case jointly speeds up the entire separation process because you won’t waste time serving the necessary paperwork to your partner.
2. You must have lived in Colorado for 90 days to file a divorce case
According to the state law, you can’t file for divorce unless you have been living in Colorado for at least 90 days. Even if your spouse lives in Colorado, make sure that you meet this rule to avoid instances that might weaken your case.
Besides, the divorce process takes more than 90 days. The law requires you and your partner to wait for a minimum of 90 days between filing for divorce and the court giving the final decree. If you opt to file for divorce separately, the compulsory 90-day waiting period starts moment your partner receives their summons and file a response.
3. You should provide all your financial details
To effectively handle your hearing and ensure fair distribution of marital property, the court requires a thorough, detailed, and clear picture of your financial situation. You should include the following details in your financial paperwork.
- Accurate and detailed personal and business financial statements
- Childcare payments
- Tax return files
- Bank statements concerning investments, mortgages, and more
- Proof of income such as paystubs
Remember, these forms should be notarized.
4. Colorado upholds an equitable distribution policy
During a divorce in Colorado, a judge should divide marital property based on the overall value of the property, the contribution of each spouse in the acquisition and maintenance of the property, and the present and the future financial situations concerning the spouses. Keep in mind that the court won’t divide the property based on marriage faults. That means Colorado is a ‘no-fault’ state and judges never waste time assigning fault to any spouse.
Lastly, you need a divorce attorney. If you and your partner cannot agree on various issues or require guidance on how to handle the divorce process, it is wise to hire a knowledgeable divorce lawyer.