Colorado couples who have decided to end their marriage and move on will have a lot to consider during and even after the process. The divorce is difficult enough with issues in dispute such as the division of marital property, child support, visitation rights and the emotional impact of a marriage reaching its conclusion. When the case is over, there will be a decree finalizing the divorce. Understanding facts about the decree is important and the parties should not ignore it.
Once the decree has been entered, the divorce is final. There is the right to appeal. When there is an appeal and it does not dispute that the marriage has been subject to irretrievable breakdown, it will not result in a delay in the divorce being finalized beyond how long the appeal will take. Therefore, if one or both parties want to remarry while the appeal is taking place, they can do so.
After at least 180 days following the decree for legal separation, either party can file a motion with proof that there was a notice sent to the other party at their last known address and a legal separation will be converted to a dissolution. Spouses who have been declared mentally incompetent before the decree will still be supported and no decree can relieve the obligation of the other spouse from paying that support unless the supported spouse has means of support or sufficient property. If there is an order for child support, any decree will have an order for income assignment based on the law.
With an ongoing divorce proceeding in Colorado, people will often focus on the details of the case as it is in progress. However, the decree should also be considered as it is part of the law and can impact certain couples, depending on the circumstances. A law firm that specializes in dissolution of marriage from beginning to end and even beyond can help with understanding these and other issues.