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Before initiating a divorce in the state of Colorado, the filing spouse must have lived in the state for at least 90 days. There is a 90 day waiting period before a divorce can be finalized after the responding spouse is served.
The only ground for dissolution of marriage in the state of Colorado is an irretrievable breakdown of the marriage. Colorado does not recognize no-fault grounds for divorce.
The best physical and legal custody arrangement for the child(ren) may be agreed upon by the parties. The parties may have equal input into the important decisions concerning the child with joint legal custody. The court shall determine the allocation of parental responsibilities if the divorce is contested. The court will make decisions on parenting time and parental decision making responsibilities, in accordance with the best interests of the child.
In making the determination of parenting time (physical custody) should consider the wishes of the parents and the child, if he or she is of a mature age. Other considerations include the bond between the child and his or her siblings; child or spousal abuse; the child’s adjustment to the school and the home; and the ability of the parties to encourage meaningful participation and affection of the other party in the child’s life.
Credible evidence of the parties' ability to cooperate and make decisions jointly should be considered in allocating decision making responsibility (legal custody). Also important in considering legal custody is to determine whether allocating mutual decision making responsibilities will promote frequent or continuing contact between the child and each of the parties.
Colorado’s specific child support guidelines are applied in virtually every case. Child support worksheets and forms may be obtained from any district court clerk. The income of both parents and certain specified child related expenses take into consideration in the child support calculation. Typically, child support continues until the child reaches 18 years of age or until he or she completes high school.
Once the court has received consent of all the parties, an arbitrator may be appointed to resolve disputes between the parties concerning the their minor or dependent children. Disputes may include, but not limited to, parenting time; nonrecurring adjustments to child support; and disputed parental decisions. Arbitration is a binding process. The parties may agree at any time before or after the divorce is started to mediate any disputed issue.
Court filing fees are in addition to the cost of using LegalZoom.com. This cost may vary by county. Please check with your local courthouse to determine the exact amount.