Colorado Family Law Offices

Colorado is considered a “no fault” state. This means that you do not need the consent of your spouse to obtain a divorce, nor are the reasons why you want a divorce considered in granting the divorce. In Colorado, the courts can enter a divorce decree (referred to as a decree of dissolution) upon showing that:

• One of the parties has lived in the state for 90 days prior to the commencement of the proceedings;
• The marriages is irretrievably broken;
• And those 90 days or more have elapsed since the court acquired jurisdiction over the other party either as a result of process or by the other party entering appearances.

Unfortunately, there are no set numbers on how much your divorce will ultimately cost. You do have several options in lieu of trial that will cut costs such as mediation and settlement discussions.

Annulments occur where you or your spouse can show that your marriage is invalid. Marriages can be invalid under the following circumstances:

• A party lacked capacity to consent to the marriage either due to mental incapacity or infirmity, the influence of alcohol, drugs, or other incapacitating substances;
• A party lacked physical capacity to consummate the marriage and the other party did not at the time of the marriage know of the incapacity;
• A party was under the age as provided by law and did not have the consent of his/her parents or guardian or judicial approval as provided by law;
• One party entered into the marriage in reliance upon a fraudulent act or representation of the other party which act or representation goes to the essence of the marriage;
• One or both parties entered into the marriage under duress;
• One or both parties entered into the marriage as a jest or dare;
• Or law prohibits the marriage.

Not finding the answer you are looking for? Browse our entire Colorado Divorce FAQs.

There are not set rules on who will automatically get custody of the children. There are statutory factors that the court must consider in awarding any decision regarding minor children.

No. Child support payment or lack thereof is completely independent of a parent’s right to see his/her child.

A parenting plan, including a parenting schedule, can be modified at any point whenever such an action would be in the best interest of the minor child. However, a substantial modification of parenting time can only be filed if it is shown that the child’s present environment may endanger the child’s physical health.

Not finding the answer you are looking for? Browse our entire Colorado Child Custody FAQs.