Getting divorced in Colorado comes with many questions, but here are answers to 4 of the most common ones:
How long will it take to get divorced?
Every case is different, and the amount of time for a divorce to be finalized depends on a case’s unique circumstances. To start, Colorado has a mandatory 90-day waiting period before a divorce can be granted, so your case cannot be completed before this 90-day waiting period passes. After that, factors such as the complexity of the case, whether experts are needed, or whether you are able to settle all of the issues or need to schedule a contested hearing can all impact how long your case will take to be finalized.
What is the difference between legal separation and divorce?
In Colorado, legal separation and divorce are two different ways a married couple can separate their finances and property and establish a parenting schedule and child support if they have children together. A legal separation is not required before divorce can be filed, and if a legal separation is granted, it does not have to be converted to a divorce. The biggest different between the two is that in a legal separation, you are still married. This means that neither of you can remarry, you may still be able to be on the same health insurance policy, and you can file taxes together.
How does the Court decide if maintenance is paid?
Maintenance is based on a number of factors including the amount of each person’s income, ability to pay maintenance, the need for maintenance, and the length of the marriage. You can use this calculator to estimate the amount of maintenance that may be ordered, but it is important to remember that this is a guideline and not a requirement. It may be a good idea to speak with a lawyer about your specific circumstances.
Does property have to be divided 50/50 in Colorado?
No. The Court is required to divide property in a way that is equitable. This does not mean equal. Whether the Court is reviewing a Separation Agreement both parties have agreed to or making a decision in a contested hearing, it must find that the property has been divided in a way that the Court finds is fair to both parties.