The dissolution of a marriage in Colorado is a multi-step process full of nuanced regulations and specific deadlines. The process can be a daunting one if you try to do it on your own, and while you can do it yourself, it may be best to work with an experienced Denver divorce attorney. The Denver divorce lawyers of Stahly Mehrtens Miner LLC have extensive experience guiding people through the divorce process and they can help you too. When you work with a Denver divorce lawyer, you can rely on them to explain the process, handle paperwork and deadlines, and protect your rights. If you live in Denver or the surrounding areas and are in need of a divorce lawyer, contact Stahly Mehrtens Miner LLC today to schedule a consultation to learn how our Denver family attorneys can help you.

No-Fault Divorce In Denver, Colorado

Colorado is a no-fault divorce state. This means that you don’t need a reason, such as infidelity or abandonment, in order for the court to grant your divorce. Additionally, even if the reason for divorce is infidelity, this will not influence the judge’s decisions on matters like child support, parenting time, spousal support, or property division.

Are You Required to File for a Separation Before Divorce in Denver?

In some other states, it is mandatory to file for a legal separation before entering into a dissolution of marriage, more commonly known as divorce. However, in Colorado, it is not legally required to file for separation or enter into a separation before you file for a divorce.

With that said, you and your spouse may opt to enter into a trial separation first to determine if a divorce is an option that you wish to pursue, but doing so is not legally required. In some familial situations, you may find that entering into a separation before and during the divorce can be beneficial if there’s significant tension.

Who Has to Leave the House in a Divorce in Colorado?

The first question to consider is whether the home is a marital asset. You may need legal guidance to determine this. If the house was your separate property but you added your spouse to your home or they’ve otherwise paid on the mortgage or added onto it financially in some way, it may legally become a marital asset. So, you both may be legally allowed to remain in the home at that time.

However, if there is a temporary order issued against you or the other party stating that the named party must not remain in the home, then that person must leave. Aside from that, either party may stay or may choose to leave. Leaving of your own volition may also come with financial consequences before the divorce is final. Seek legal advice before leaving the marital home, especially if you and your spouse share minor children who live in the home.

Is Spousal Maintenance Mandatory in Colorado?

Spousal maintenance isn’t legally mandated in Colorado. There are several factors that are weighed to determine whether spousal maintenance in Denver (sometimes also referred to as alimony) is necessary. For example, to receive spousal maintenance you must at least show that:

The marriage lasted for a minimum of 3 years
One spouse is unable to support themselves
The other spouse is able to support that spouse

However, spousal maintenance is not automatic and there are many other factors that need to be considered before making a determination.

Child Custody in Denver During Divorce

Child custody, under the Colorado Revised Statutes, is referred to as the allocation of parental responsibilities, is one of the most contentious matters. The allocation of parental responsibilities is broken down into two separate areas:

Parenting time, referred to in other states as physical custody
Allocation of decision-making responsibilities referred to in other states as legal custody

The State of Colorado prefers that, when possible, parents share the allocation of decision-making responsibilities. However, the Court weighs several factors when determining overall “child custody” matters that we can summarize as the best interests of the child:

The child’s happiness
The child’s mental health
The child’s emotional health and development
The child’s physical and emotional security

If you need help with child custody in your divorce process, our child custody lawyers in Denver can provide legal assistance.