If you are in an unhappy marriage, you could be considering your options. Of course, trying to reconcile your relationship might be a priority, but many spouses conclude that they and their partners are fundamentally incompatible. If you have resigned yourself to divorce, starting to think about the process and your desired goals/outcome are the most logical next steps.
If you want to get the best possible divorce settlement for yourself, it is important that you take early action to understand the law in full. By doing so, you will be in a better situation and more prepared for all aspects of divorce. The following is an overview of what circumstances need to be present in order to get a divorce in Colorado.
Residency requirements for divorce in Colorado
In order to be eligible for a divorce in the state, you must have lived in Colorado for a minimum of 91 days.
You cannot impulsively divorce
Colorado wants to discourage people from divorcing if there is a chance that they will reconcile. It is for this reason that the divorce decree can be entered into only 91 days after the case was filed.
Grounds for a divorce - No fault
Colorado is a no-fault divorce state. This means that you do not need to show that the other spouse was to blame for the breakdown of the marriage in order to get a divorce. However, you will need to be able to state that the marriage is irretrievably broken.
Remember that your spouse can present defenses to a divorce filing
It's not realistically possible for a spouse to permanently stop their partner from successfully filing for a divorce. However, a spouse may want to argue that Colorado lacks jurisdiction over them, and for this reason, a Colorado divorce is not viable.
If you are considering filing for a divorce, it is wise to start planning early so that you are able to have the upper hand and get the best possible divorce settlement.