Matthews & Matthews, P.C.
Family Law Consultation and Representation
Our Services/FAQs
Colorado
Divorce and Legal Separation
Understanding Divorce in Colorado
Colorado is a no-fault divorce state. That is, the dissolution of the
marital union does not depend on "fault" of either party, nor can any
marital wrongdoing be brought up during divorce proceedings (unless
there are safety issues related to child custody or certain instances of
financial wrongdoing that have affected the marital estate). Either
spouse may file without the consent of the other.
-How is a Legal Separation different
from a Dissolution of Marriage?
A Dissolution of Marriage is what is
commonly called a “divorce.” At the end of the process, both parties
will have divided their assets (including debts) with the help of their
respective counsel. If there are children involved, there will need to
be further agreements regarding parenting time, parental decision
making, and financial support between the two parents. In a Divorce, the
legal marriage itself is terminated and both parties are free to
re-marry. In the case of a Legal Separation, husband and wife can
similarly separate their finances, domiciles, parenting time and the
like, but the marriage itself remains legally intact. Neither party is
free to re-marry without converting their Legal Separation to a Decree
of Dissolution by the Court. Our attorneys can help you determine if a
Legal Separation is a viable alternative for your case.
-What does the timeline for obtaining a
divorce or Legal Separation in Colorado look like?
In Colorado, the minimum time between
joint filing (or serving the Respondent) and being granted a divorce
decree (or Legal Separation) is 90 days. However, in many cases, spouses
will disagree on a number of terms, and further mediation/proceedings
with be in order.
--From the Colorado Courts’ website:
“Guide to Getting a Divorce or Legal Separation with Children of
This Marriage”
http://www.courts.state.co.us/chs/court/forms/domestic/jdf1096.pdf
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Matthews & Matthews, P.C.
1890 Gaylord St.
Denver, CO 80206
Phone: 303.329.3802
Fax: 303.316.0461
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