About the Guide The Colorado Divorce & Family Law Guide was created by Carl O. Graham, a Colorado Springs, CO divorce lawyer, and principal of Black & Graham, LLC, a family and criminal law firm. Carl runs the family law side of the firm, and focuses exclusively on Colorado divorce, military divorce issues, child support law, grandparent rights & visitation, common law marriage, child custody, legal separation law, annulment, alimony law, etc. Visit our web site to learn more about our Colorado Springs law firm:
www.blackgraham.com.
Colorado divorce law is "no fault" - either spouse can petition for a dissolution of marriage (the legal term for a divorce in CO) simply because the marriage is irretrievably broken. Not only have the old grounds of adultery, cruelty, desertion, etc. been abolished, but Colorado divorce courts will not even hear evidence of them, with a few limited exceptions (such as abuse if child custody is an issue).
Colorado Divorce Law Procedure
First, make sure Colorado has jurisdiction over the spouses under divorce law in Colorado (personal jurisdiction) and jurisdiction to grant a Colorado dissolution of marriage (subject matter dissolution).
After the petition is filed at court, Colorado formally acquires jurisdiction over the other party with service of the summons, or a signed waiver. Then, Colorado divorce law requires a 90-day waiting period before the couple can actually obtain a final decree of dissolution. However, unless both spouses agree on everything, it typically takes at least 6 - 12 months to obtain a divorce in Colorado, and sometimes longer.
Within 40 days of the petition for dissolution being filed, the Colorado divorce court will conduct in Initial Status Conference. In El Paso County, if both parties are pro se (which means neither has an attorney), this will be with one of the domestic court facilitators. If either party has a lawyer, it will be in front of a family court magistrate.
That status conference will ascertain whether a hearing is necessary to determine any temporary issues while the Colorado divorce is pending, which typically includes possession of the marital residence, parenting rights and responsibilities, child support, alimony, and responsibility for marital debts. Absent an emergency which could cause irreparable harm to the children, until that hearing is held the parties will have to resolve their disputes by themselves or through their Colorado divorce attorneys, without the intervention of a Colorado divorce court.
Colorado state divorce law emphasizes settlement over litigation. The parties must conduct a settlement conference with their attorneys to discuss the issues. Before the divorce court will hold a contested final orders hearing, the parties must undergo mediation, either with a court-appointed mediator, or with one they choose themselves.
Colorado Divorce Injunction
Upon the spouse being served or signing a waiver in a Colorado divorce or legal separation action, an automatic injunction goes into effect prohibiting both spouses from:
1. Removing the children from Colorado without permission from the other spouse or the family law court. Depending upon the children's ages, a Colorado divorce court would typically grant permission to take an out-of-state vacation, but, over the other spouse's objection, chances of relocating permanently while a divorce in Colorado is pending, are slim to none.
2. Disturbing or harassing the other spouse.
3. Hiding, destroying, transferring or disposing of marital property, except in the ordinary course of business.
4. Canceling or modifying any insurance (health, auto, life, etc.) without your spouse's written consent or the Colorado divorce court's permission.
Missing Spouse
If your spouse cannot be located, don't worry. I, and several other Colorado Springs divorce attorneys, work with investigators who are skilled at finding the difficult-to-find spouses. If those efforts are ultimately unsuccessful, it is possible to start the process by serving your spouse by publication. It is more complicated, and since the Colorado divorce court lacks personal jurisdiction over the missing spouse, it cannot enter any orders for support or to divide property outside of Colorado. But at least in the end, you end up with a Colorado decree of dissolution.
This web site is an advertisement intended for informational purposes, and is not a substitute for individual legal advice from one of the many Colorado Springs law firms, Colorado Springs lawyers or Colorado Springs attorneys. Only a signed agreement with this Colorado Springs family law attorney can create a Colorado lawyer-client relationship. We assist clients in Colorado Springs / El Paso County courts, in Colorado family law (Colorado divorce, military divorce issues, child support law, grandparent visitation & rights, common law marriage, child custody law, legal separation law, annulment, alimony law, etc).
