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Condition for Residency
It is essential for the filer to be the resident of the state for 90 days before filing the case. Further, the divorce papers can be submitted into the county where defendant resides. Else they can be submitted into the petitioner's county if the defendant is not the resident of Colorado.
Reasons for the Divorces
Colorado only approves the reason for the dissolution of the marriage which does not leave any chance for the reconciliation of the couple. In short, any irretrievable loss to the marriage leads to the dissolution in Colorado. Same clause has been set for filing the case for separation in Colorado.
No-Fault reasons, which include differences in the marriage between the spouses.
General reasons, which include insanity that is incurable
Principle of the Child Custody
Courts in Colorado may order for the either sole parent based child custody or joint custody after analyzing the following factors:
Joint custody can be awarded on request of parents as well if they submit a custody plan related to following issues:
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Rules for Property Distribution
California is a community property state. This means that property acquired during the marriage will be divided equally between the parties in the divorce. This includes income, debt, real property, and personal property. The court may be willing to consider a property of division that is not 50/50 if there is a written and notarized agreement of the parties.
Rules for Spouses Support
Depending on whether it is being decided by the court, or if it is included in a prior agreement, alimony can be awarded permanently, temporarily, or not at all. Factors which the court considers regarding alimony are:
Length of the marriage.
Vocational and professional skills of the parties.
Assets and liabilities of the parties.
Needs of each party based on the standard of living maintained during the marriage.
Sources and amount of income.
Child Support Guidelines
Child support in California is determined based on a set of guidelines. These guidelines are used to determine how much the obligated parent has to pay. Factors that are considered in determining child support include:
The number of children from the marriage.
The parent with primary custody of the child.
The amount of financial support the child needs (health insurance, child care, etc.).
The income available to the parents.
The amount of time each parent spends with the child.
Mediation in Case of Divorce
Either on request of spouses or court on its own can involve mediation in the case. It can delay the proceedings from 30 to 60 days. If the custody of minor child becomes an issue, then court may order parents to seek for counseling for the best nurture of child. Moreover, an arbitrator can also be involved to solve the issue of child custody.
Filing Pro Se Divorce
There is no need of a lawyer when applying for divorce in the state of Colorado. A divorce case which is filed without any help of an attorney in any of the states is known as Pro Se Divorce.
Literally, Pro Se is a Latin phrase and it means "on her or his own". Process of getting the divorce without the help of lawyer may vary from one State to another. These types of divorces are perfectly legal and enforceable in Colorado, and are actually very convenient. Usually, once settlements have been made regarding property distribution and custody matters among the spouses in case of a mutual divorce, Pro Se Divorces are filed.