Rules for Divorce Without Children in Colorado

By Elizabeth Rayne

Even without children, a divorcing couple has a lot to consider when pursuing a divorce in Colorado. The court will not grant a dissolution of marriage, as it is known in Colorado, unless the couple meets the residency requirements and the marriage is irretrievably broken. Depending on the circumstances of the marriage and the financial resources of both spouses, the court may determine how the marital property will be distributed and if one spouse will receive alimony, referred to as spousal maintenance.

Initiating a Divorce

In Colorado, the divorce process begins with the filing of a petition for dissolution of marriage. Colorado law requires that at least one spouse has lived in the state for more than 90 days. You must file the petition in the district court in the county where you or your spouse live. After filing the petition, you are responsible for serving your spouse with a copy. You must provide proof of service to the court, which states that the papers were served on your spouse by an adult other than yourself, or that your spouse waived service. After receiving the petition, your spouse has 20 days to respond if he lives in Colorado, or 30 days if he lives out of state. The divorce will not be final until at least 90 days have passed since your spouse received the petition.

Grounds for Dissolution

Colorado is a no-fault state, meaning that couples may only seek a divorce if the marriage is irretrievably broken. The petition for dissolution does not place blame on either spouse for causing the divorce. The couple may agree that the marriage is broken, or one spouse may disagree. If one spouse alleges that the marriage is not broken, the court will hear evidence about the circumstances leading up to the time of divorce. The court has discretion to order counseling for the couple, and to have the couple return to court after a period of time.

Divorce is never easy, but we can help. Learn More

Marital Property

During divorce proceedings, Colorado courts follow the guidelines set out in state law for equitable distribution when dividing marital property. Marital property generally includes any property acquired during the divorce that was not a gift or inheritance for one spouse. The court may divide the property equally and then adjust the distribution based on a number of equitable factors, such as the financial circumstances of each spouse, the contributions made during the marriage and any other factors the court deems relevant to determining what would be a fair distribution.

Spousal Maintenance

Depending on the combined income of the couple and the financial needs of the lower-earning spouse, the court may award spousal maintenance to one spouse. If the combined income of the couple is less than $75,000, as of 2012 state law, the court will usually award temporary maintenance if one spouse earns a lot more than the other spouse. But if the combined income is over $75,000, the court will award temporary or permanent maintenance only if one spouse does not have the personal resources to reasonably meet her financial needs. To determine the amount and duration of spousal maintenance, the court may consider a number of factors, including the length of the marriage, the financial resources of each spouse and the standard of living enjoyed during the marriage.

Divorce is never easy, but we can help. Learn More
Division of Marital Assets in a Nebraska No Fault Divorce


Related articles

How to Get a No Fault Divorce in Arkansas

In Arkansas, you do not need to place blame on either spouse in order to seek a divorce. Instead, the courts will dissolve the marriage so long as the couple has lived separately for at least 18 months. Generally, it is easier to obtain a divorce when you are not trying to assign guilt. Additionally, the process may be less complicated and quicker if the couple can agree to the terms of the divorce, instead of arguing before the court.

What Is the Difference Between a Default Divorce & No Fault in Arizona?

Arizona’s no-fault divorce laws make it easier to obtain a divorce than in other states where you must prove wrongful conduct on the part of your spouse. Even though Arizona is a no-fault divorce state, your spouse has the right to challenge your request to end the marriage by filing opposing papers with the court. If your spouse does not file the papers in time, the court may grant you a divorce by default.

Disposing of Property During Divorce Process in Iowa

Iowa law supports an equitable division of marital property during a divorce. Unlike states that implement a 50-50 split, divorcing spouses can expect to receive a portion of property based on fairness and each party's contribution to the marriage. Disposing of property pursuant to a divorce is accomplished either by mutual agreement in a prenuptial contract or a marriage settlement agreement, or by the court during a hearing. Division of marital property in Iowa is not subject to allegations of wrongdoing or misconduct in the marriage.

Get Divorced Online

Related articles

Iowa Divorce Rules & Regulations

Divorce laws are different from state to state. Iowa's procedures for divorce, also called dissolution of marriage, are ...

Indiana Laws for Separation Before Divorce

Indiana law provides couples with two options if they want to end or change their marital relationship: dissolution of ...

Las Vegas Divorce Laws

Las Vegas was once known as a divorce haven, due to Nevada's tolerant "no fault" divorce laws. Even today, Nevada ...

How to Do Your Own Divorce in Ohio

Either spouse may legally file for divorce in the state of Ohio. If your divorce is uncontested or no-fault, you can ...

Browse by category
Ready to Begin? GET STARTED