Some couples choose to file for a legal separation rather than for divorce because of religious beliefs, moral values, or to maintain health insurance coverage. If you are considering filing for divorce or legal separation, it is important to consult with an experienced Colorado family law attorney who will help you to understand your rights and options according to Colorado law before you act.
biepapegor.tk The primary difference is that following a legal separation, you are still married. I've been very impressed with Harris Family Law through this whole process. With help from some great support resources, we are stable, happy, and moving forward to a great new life. Once my legal team stepped in, things rapidly began to change.
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Colorado Info. One spouse must live in Colorado for 90 days before filing for divorce. If there has been an irretrievable breakdown of the marriage, the spouses may file for a legal separation if at least one of them has been a resident of Colorado for 90 days. Colorado recognizes common law marriages.
No-fault, which means irretrievable breakdown of the marriage, is the only grounds for dissolution. Traditional fault grounds such as adultery, abandonment, habitual drunkenness and mental cruelty may not be used. At the request of either party, or at the discretion of the court, the judge may delay proceedings 30 to 60 days to allow for counseling. Colorado divorce law requires a day waiting period before granting a final decree of dissolution of the marriage.
Most contested divorces in Colorado take at least months. A series of questions itemizes property and debt, dividing and allocating both according to what you and your spouse have agreed to. The answers become part of the divorce documents, so it is clear to you, your spouse and the court how assets and liabilities have been divided. You answer a few questions dealing with individual retirement accounts.
You have the option of waiving rights to each other's account s , or dividing any marital portion of an account by a specific percentage or a dollar amount. Once again, a few questions inside your account deal with the disposition of the marital home. All possible scenarios are covered -- sale, planned sale, transfer from one spouse to the other, and co-ownership. A few questions in your account deal with temporary or permanent spousal support. Rights to spousal support may be waived, or a couple can agree to a specific amount for a set period of time. These questions define and limit the parameters of the desired spousal support, which often terminates upon remarriage or cohabitation.
The courts realize that you and your spouse know your situation better than they do, so they may approve any reasonable support amount, even if it is different from the one on the state worksheet.
We provide Colorado Child Support Worksheets inside your account. These worksheets make it very easy to calculate a monthly support amount. The support calculation is based on a number of variables, but the primary one is income. Once you have calculated the amount, you and your spouse decide if you want to deviate from it and the reasons for doing so. Once you and your spouse agree to a monthly child support amount, a judge reviews your decision.
He or she will accept it if it seems reasonable. However, if it seems too high or too low, the judge will want an explanation why the two of you came to amount so much at variance from the state guidelines. Your explanation and reasons for it determine whether or not the judge accepts your proposed child support amount.
Colorado code provides that "[c]ourts may deviate from guidelines and the schedule of basic support obligations where its application would be inequitable, unjust, or inappropriate. These reasons may include, but are not limited to, the extraordinary medical expenses incurred for the treatment of either parent or a current spouse, extraordinary costs associated with parenting time, the gross disparity in income between the parents, the ownership by a parent of a substantial non-income producing asset, consistent overtime not considered gross income [for Income Share calculations], or income from employment that is in addition to a full-time job or that results in the employment of the obligor more than that 40 hours per week or more than what would otherwise be considered to be full-time employment.
The court may deviate from the guidelines and basic schedule of support obligations even if no factor enumerated [in the code] exists. Child support can be modified based on a change in circumstances. The Colorado Support Guideline suggests an annual review of support based on an exchange of the previous year's tax documents by the former spouses.
If you have not spelled out the terms and conditions for modification in the child support agreement, the court demands that you show grounds for the modification. Generally a 10 percent change, either direction in child support calculations, is considered grounds. Child custody arrangements can be modified when, for example, they break down because of the conduct of one of the former spouses.
You can either use a standard schedule that we provide in your account, or you can use our option to customize your own. Some of the divorce papers need to be notarized. The step-by-step filing instructions explain who signs what and whether a particular document needs to be notarized.
The documents requiring notarization contain notary clauses below individual signature lines.