Colorado Divorce Law Provisions
03/12/2013 12:23
To file a Petition for Dissolution of Marriage in Colorado, one determines whether the District Court has jurisdiction over the case. If so, the filing may be made. Although ten to twenty other documents may be filed, the primary documents involved are the Petition for Dissolution of Marriage and the Decree of Dissolution of Marriage. These documents are required to begin and to finalize the dissolution.
It is only a concern for the spouse who has moved or is planning on moving that they meet the Colorado residency requirements. Both parties must make a sworn statement disclosing all personal assets to one another. An automatic temporary restraining order prevents each spouse from getting rid of any property prior to the issue of the Decree of Dissolution. When no minor children are involved and the wife is not pregnant, dissolution of marriage can be obtained by an affidavit by one or both spouses. Or, if both parties are represented and are in agreement of granting custody and child support, then it can be issued. There are to be no disputes and no marital property, otherwise they must agree to the division of the property. The spouse that did not file has to have been served the dissolution papers, and a signed affidavit stating the facts of the case must be filed with the Petition.
The court can take the dissolution if it finds that one of the parties has been domiciled in the state for ninety days prior to the start of the proceeding. The couple must file in the county where they reside. Grounds for filing are that the marital relationship is not able to continue because of discord and/or conflict. If one parent is considered a danger to the children, the other parent will have a considerable say in the placement of the children and parenting time. The court allows for joint decision-making only when it finds that both parties are able to come to a decision about the child/children without confrontation.
The grounds for dissolution must have substantiated evidence or testimony. If not, the court may dismiss the case. A court maintenance order considers the financial resources of the party looking for support, the time needed for training or education to find employment, the standard of living during the marriage, the length of the marriage, the age, and the physical or emotional condition of the seeking spouse. So is the ability of the supporting spouse to meet their needs as well as the others.
The Petition can be filed singly or jointly, and separate forms apply for those with children and those without. The Case Information Sheet is required in many counties, and it summarizes the case’s facts. The Summons for Dissolution of Marriage is required if the two parties are not filing jointly. The spouse that does not file is given 20 days to respond or 30 days if they do not reside in Colorado. The Waiver and Acceptance of Service are used when the Respondent agrees to accept the Petition without a notification or summons. It also certifies that the Respondent is not entitled to protection from the Service Members Civil Relief Act. Under the law, when a respondent signs the Waiver, they agree to an uncontested divorce.
Child support is called maintenance. Maintenance ends when either death or remarriage occurs, unless stated otherwise. It may be ordered to be paid for an indefinite amount of time, for a fixed time period, or on a temporary basis while the case is pending. Maintenance of the child continues until emancipation, until graduation from high school, or it can continue beyond the age of nineteen if the child is physically or mentally disabled. Postsecondary education support may be ordered on both parents. And, if the court determines continual and substantial changes in the parent or child’s circumstances, a new order for maintenance can be made.
A nonvested military pension is held as marital property and is based on the amount available when the pension holder retires, not at the time of the divorce. Also, divorce does not end the debt liability of both parties, even if one spouse is ordered to pay. If the responsible party fails to pay the joint debt or goes bankrupt, the creditor will come after the other spouse.
By:
Cm_a The Contentlab
https://contentlab.webnode.com/
Bookstore: