Spouses divorce for many reasons. In Colorado, a divorce takes at least 91 days because the state requires a waiting period between filing for divorce and issuing the final dissolution of the marriage. Still, most divorces take longer, as the spouses negotiate the terms of a settlement agreement or take their disputes before a judge.
It’s not uncommon for divorcing spouses in Colorado to begin new relationships during the divorce process, and in some cases, a new relationship may have begun during the marriage, causing or contributing to the divorce. But how soon is too soon to remarry after a Colorado divorce, at least according to the law?
To discuss your unique divorce case, reach out to Ciancio Ciancio Brown at (303) 451-0300 and one of our award-winning divorce attorneys can help you.
Colorado Has No Waiting Period for Remarriage After Divorce
Under Colorado’s Uniform Dissolution of Marriage Act, the state requires a 91-day waiting period before a divorce can be finalized, but puts no such restraints on remarriage after divorce. While states once commonly required a mandatory waiting period for remarriage after divorce, most no longer do.
In Colorado, there is no mandatory waiting period for remarriage after divorce; however, it’s crucial to understand how remarriage impacts your divorce orders as you move forward.
How Does Remarriage Affect Your Divorce Orders In Colorado?
Once a judge issues your final divorce orders in Colorado, you are free to remarry as you wish. However, you must have a copy of your divorce decree in order to show that the previous marriage has ended before obtaining a marriage license to remarry. Before taking this step, it’s crucial to understand the impacts of remarriage on the following divorce orders:
- Spousal maintenance (alimony): remarriage has the most significant and immediate impacts on a Denver alimony order, ending the paying spouse’s obligation to provide financial support to the receiving spouse. When the receiver of spousal maintenance remarries, their spousal maintenance ends. If a payor remarries, their obligation to pay their former spouse does not end. In order to end or adjust their payment obligation, they must petition the court for a modification and show a substantial and permanent change in financial circumstances.
- Child Custody: While remarriage doesn’t necessarily change existing child custody orders in Colorado, the court may consider the other parent’s request to modify child custody orders and the parenting time schedule if the new spouse has a history of domestic abuse, child abuse, criminality, serious substance abuse, or otherwise creates an unsafe environment for the children.
- Child support: A stepparent has no legal obligation to support a child, and their income is not included in the state’s spousal support calculation. A receiving parent’s child support payments are not affected by their remarriage unless the new spouse pays the receiving parent a direct wage as an employer. For the paying parent, a new marriage only affects the child support obligation if the payer can show the court a substantial and permanent negative change in financial circumstances.
Remarriage after a Colorado divorce doesn’t affect the distribution of marital assets and debts, which is final after the divorce.
Carefully Consider Your Timing When Deciding to Remarry After a Divorce
Consult with your Colorado divorce lawyer about how remarriage affects your divorce orders.
While Colorado has no requirements for waiting for remarriage after a divorce, it’s important to consider not only the legal ramifications of the divorce, but also the emotional consequences, especially if there are children involved.