Divorce can be one of the most emotionally fraught experiences one can have. With the help of an expert in family law in Denver, CO like burnhamlaw.com, you can make the process that much easier to go through.
Here are some of the basics of divorce law in Colorado that you should know:
The state’s grounds for divorce
The State of Colorado is a “no-fault” state. This means its divorce process is relatively straightforward. Unlike other states wherein you have to build a solid case to prove that divorce is the best approach, you just have to state that your relationship has already gotten to the point of being “irretrievably broken.” Either partner can file for the dissolution of the marriage without having to provide any proof of fault.
However, the state’s courts may still ask you to provide fault-based arguments when processing marital property division or alimony. In such cases, it’s best to have an attorney who is well-versed in Colorado divorce law at your side.
Residency: A requirement
Before filing for divorce, one of you should have already established residency in the state for no less than 90 days. Known as “domicile,” it typically means being a resident of the state. However, the courts consider this more of a matter of intent. This means that it’s enough for you to show an intent of living there. Having a mailing address or home located in the state, or having a car registered there, can all show intent.
Marital property: Who gets what
Colorado implements the “equitable division” policies when it comes to dividing martial property. This means that you and your spouse will receive a fair portion of all the marital assets and properties acquired during the marriage. There are some factors the courts will take into consideration in deciding how to split assets. Earning power, job prospects, child custody, and more are taken into consideration. To make sure you’re truly getting what you deserve, have your attorney review your case before you get to court.
Divorces can be confusing, messy, and heated. Make sure you don’t let all that get in the way of you getting your fair share in the divorce. With the help of a family law attorney, you’ll be able to handle whatever legal issue that pops up.