Requirements for a Divorce in Colorado

Requirements for a Divorce in Colorado

By Carl O. Graham

decree of dissolution, divorce process

Basic Requirements for a Colorado Divorce

In order for a Colorado court to dissolve the marriage (either through divorce, legal separation or annulment) and enter permanent orders addressing all issues, the following requirements must be met:

  1. One of the spouses must have been resident of Colorado for at least 91 days prior to filing the Petition;
  2. 91 days have passed since the summons was served on the other spouse;
  3. Colorado must have personal jurisdiction over the respondent spouse; and
  4. If there are children, Colorado has been their home state for at least 181 days.

As long as #1 and #2 are met, the court has subject matter jurisdiction to at least enter a decree of dissolution or legal separation. However if either #3 or #4 is missing, while the court may enter a decree of dissolution of marriage, it may lack jurisdiction to divide marital assets & debts, enter parenting orders, or order the respondent spouse to pay child support or alimony.

Ways to Terminate a Marriage in Colorado

Just as there is more than one way to enter into a marriage in Colorado, so too are there multiple ways to end one, all of them involving a decree issued by the court. The traditional, and by far the most common, is a dissolution of marriage, or a divorce. But spouses can also obtain a legal separation or, in appropriate cases, an annulment.

Each has its advantages and disadvantages, but since all are governed by the same set of statutes (Title 14, Article 10), they have very similar rules and procedures. And in the end, the court will resolve all outstanding issues, including parenting, dividing the marital estate, maintenance & child support .Colorado has adopted the Uniform Dissolution of Marriage Act, codified at C.R.S. 14-10-101, et seq.

Why a Divorce Instead of Legal Separation or Annulment?

A divorce is simple (unlike an annulment which requires proving separate grounds), and the result is clear and unambiguous - a clean break (unlike a legal separation). With a dissolution of marriage, there are no half measures, and the parties are legally divorced for all purposes.  They file separate tax returns, they are free to remarry, etc.

Most marriages which are terminated end in divorce, not an annulment or legal separation, but if you're interested in exploring your options, discuss the pros and cons of each method with your Colorado family law attorney.

Subject Matter Jurisdiction for Dissolution of Marriage

To prevent “forum shopping”, by which one spouse just pops into a state to obtain a dissolution, before a court in Colorado can dissolve a marriage it must have subject matter jurisdiction. That requires that one spouse was a legal resident of Colorado for at least 91 days before the case began. C.R.S. 14-10-106(1)(a)(1), and that 91 days have elapsed since the later of service of process or filing. C.R.S. 14-10-106(1)(a)(3).

The 91-day rule is for a divorce or legal separation. An annulment has its own separate jurisdictional requirements.

Most of the time, subject matter jurisdiction simply requires that a spouse live in Colorado. However, if one of the spouses is in the military, special rules apply - see the jurisdiction article for more details.

Note that the jurisdiction to grant a dissolution does not necessarily mean the court has full power to issue every order requested. Child custody has its own separate jurisdictional requirements, as does the division of military retirement. And without personal jurisdiction over the other spouse, the Court’s authority is limited to (1) a “status divorce”, i.e. a decree dissolving the marriage, and (2) dividing property located in the state.

Personal Jurisdiction Over Respondent Spouse

Personal jurisdiction over the respondent spouse is required before the court can divide property located outside of Colorado, order maintenance or child support, or allocate debts to the other spouse. Personal jurisdiction requires one of the following:

  1. The spouse is a legal resident of Colorado.
  2. The spouse was personally served in Colorado.
  3. For the purposes of maintenance and child support, personal service anywhere, as long as the parties maintained a marital domicile in Colorado, and the petitioning spouse resided in Colorado continuously after the other spouse left. C.R.S. 13-1-124(e).
  4. The spouse consents to Colorado jurisdiction.

So even though Colorado can grant a divorce with service outside of Colorado, or with service by publication, some of the issues would have to be reserved for later adjudication by a court with personal jurisdiction over the respondent spouse

Grounds for a Colorado Dissolution or Legal Separation

Colorado is a no-fault state, which means that under the law the only grounds for dissolving a marriage is that the marriage is irretrievably broken. C.R.S. 14-10-106(1)(a)(II). And if one spouse declares the marriage is broken, it is. C.R.S. 14-10-110(1). Don’t be fooled by the statutory reference to contradictory evidence - if one spouse wants out, the court will grant the decree.

The old grounds for dissolution of marriage, such as adultery, cruelty, desertion, etc. have been abolished. And in the past, one could try to defend against a divorce (i.e. try to stop it) with defenses such as condonation, insanity or collusion. Those too have been abolished.  C.R.S. 14-10-107(5).

Interestingly, adultery is still technically prohibited in Colorado, per C.R.S. 16-6-501, however no penalty is defined for it, and the last reported case where it was prosecuted as in 1925.  And if one spouse is in the military, then adultery is potentially a violation of Article 134 of the UCMJ, though that is completely irrelevant in a Colorado family law court.

Since Colorado is no fault, judges will “keep it clean,” and not even allow a spouse to put on evidence of wrongdoing by the other spouse, with only limited exceptions (e.g. abuse may be relevant on the issue of parenting, or wrongfully disposing of a marital asset may be relevant on the issue of property division).

What Orders will the Court Enter?

Assuming the court has full jurisdiction over the parties and their children, all issues arising from the parties’ marriage will be addressed, including the following:

  • Ending the marriage
  • Parenting
  • Division of marital property
  • Allocation of marital debts
  • Maintenance (spousal support)
  • Child Support

See the various sections of this Guide for more information about each aspect of the orders. Though the parties will have loose ends to tie up after court, especially including the transfer of assets, they will at least know their legal rights and responsibilities from the marriage.

More Information

Divorce Mediation - Denver, Colorado Family Lawyer-Mediators. An alternative to litigated divorces is one mediated by experienced professionals. This web site also has excellent information on Colorado divorce law.

Do You Need a Divorce Lawyer in Colorado Springs?

The family law attorneys at Graham.Law have years of experience helping clients through the Colorado legal system. We know Colorado family laws, inside and out, from divorce to legal separation, from annulments to military divorce issues. And the different ways to terminate a marriage. For more information about our El Paso County family law firm, click on:

Colorado family law is all we do. Period.

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Divorce