A Colorado divorce, or dissolution of marriage, can be filed by either spouse to end the marital relationship. Upon completion of a Colorado divorce, the parties are restored back to single status. The court will also issue any necessary orders for child support and custody, alimony (spousal support) and the division of community and separate assets and debts. LegalZoom can assist you in the document preparation and filing for your uncontested Colorado divorce without the expense of an attorney.
Types of Divorce in Colorado
Simplified Divorce in Colorado
A dissolution of marriage may be obtained by affidavit of either or both of the spouses if: (1) there are no minor children and the wife is not pregnant or both spouses are represented by counsel and have entered into a separation agreement granting custody and child support; (2) there are no disputes; (3) there is no marital property or the spouses have agreed on the division of marital property; and (4) the adverse party (non-filing spouse) has been served with the dissolution of marriage papers. A signed affidavit stating the facts in the case must be filed with the petition.
Alternatives to Divorce in Colorado
A legal separation can be filed by a married person who wishes to maintain the marriage but physically separate and try to resolve any problems in the marriage. If there has been an irretrievable breakdown of the marriage, the spouses may file for a legal separation. One spouse must have been a resident of Colorado for 90 days prior to filing for legal separation.
An annulment is sought in order to nullify the marriage and disavow its existence, returning the parties to their prior single status (as if they were never married). Unlike a dissolution of marriage, which is no-fault and requires simply that the marriage is irretrievably broken, a person seeking a Colorado annulment must prove one of the specific legal grounds:
1. One party lacked the mental capacity to consent at the time of the marriage (e.g. mental incapacity, drugs, or alcohol),
2. One party lacked the physical capacity to consummate the marriage (i.e. cannot have intercourse), and the other party did not know this at the time of the marriage,
3. One party was under the age to consent to marriage (18, or 16 with consent, for a Colorado marriage) and did not have consent from parents, guardians, or the courts to marry,
4. One party married because of the other's fraudulent act or misrepresentation which went "to the essence of the marriage",
5. One party married under duress,
6. One party married as a jest or dare, or
7. The marriage was void due to bigamy / polygamy (one party was still married), or incest (the prohibited relatives are an ancestor/descendant, siblings, uncle/niece, or aunt/nephew).