People in Colorado who are in an unhappy marriage will often decide to move on from it and get a divorce. While it might seem like a simple process on the surface, there are certain issues that can be complicated and problematic. Such factors as the residency requirements, how long the couple must wait before they can divorce, if there are grounds that must be met to get a divorce, and if one party does not want to get a divorce are all part of the process. Understanding these points is a foundational aspect of getting divorced.
To get a divorce in Colorado, the residency requirements mandate that the person lived in the state for a minimum of 90 days. With the waiting period, there can only be a divorce decree 90 days after the petition was filed if both parties filed for it. If a person served the divorce papers on a spouse, it is also 90 days. Since the state has a “no fault” policy with divorce, it is not necessary to show there was wrongdoing on the part of the other spouse. All that is necessary is to show that the marriage is irretrievably broken.
A spouse might deny that the marriage is irretrievably broken if the other spouse served the papers seeking the dissolution. In such a case, the court can extend the waiting period via continuance for 30 to 60 days. A spouse who does not want to get a divorce after having been served divorce papers has few alternatives to prevent the divorce from taking place. One strategy, however, is to say that there is no jurisdiction in Colorado. This will entail the couple not residing in Colorado for a sufficient period, not having gotten married in Colorado, and having no connection to Colorado. While this can be used as a stalling tactic, if a person truly wants to get a divorce, it is difficult to stop it given the no fault law.
When there is a divorce, the parties must protect themselves. Asset division, property interests and more will come up. This is true whether it is a high asset divorce or one of more modest means. Having legal advice from the beginning is imperative. A lawyer who is experienced in all areas of a Colorado divorce should be called immediately.
Source: statelaws.findlaw.com, “Colorado Divorce Laws,” accessed on April 24, 2018