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Other factors to consider when filing for divorce in Colorado

Before filing for divorce in Colorado, you will want to educate yourself so that you can present your case fully before the court. Some factors you will need to consider are:

  1. Residency. Pursuant to C.R.S. Title 14, you must have lived in Colorado for at least 91 days before you can file for divorce. As a predominantly military state, only one person has to want to be divorced and be a Colorado resident to qualify for filing for divorce.
  2. Infidelity. Colorado is considered a “no-fault” state – meaning you only need to cite that the marriage is irretrievably broken, or irreparable. The Colorado courts will not consider infidelity when determining the dissolution of your marriage. There are factors to consider if the offending party placed the children at risk or depleted the marital estate to pay for illicit affairs. If you have concerns that your spouse has placed your children at risk or is committing marital waste, contact an attorney today to discuss your options.
  3. Financial Affidavits. The disclosure of financial resources and obligations is required by C.R.C.P. 16.2(e) and must be exchanged 42 days after being served and updated during the pendency of the matter. A Sworn Financial Statement and Certificate of Compliance must be filed with the court in addition to providing the financial disclosures outlined in Form 35.1. If either party fails to comply with this requirement, the court may issue orders requesting the offending party comply or delay the resolution of the case until both parties have complied with this requirement.
  4. Discovery. What is “discovery” and why is it necessary? Discover is the process of requesting and obtaining information from the Opposing Party to further the negotiations or prepare arguments in court. Requests for discovery must be answered under oath and can help you identify issues that may affect the final order.
  5. Experts. While many cases can be resolved without the use of experts, often times we find experts are necessary to facilitate a fair outcome. Experts can range from real estate appraisals, parenting experts, business appraisals, forensic financial experts, and an expert to lawfully divide retirement accounts. An experienced family law attorney can help you determine if experts are needed for your case.
  6. Family Support Registry. At the request of the parties or determination of the court, the court may order that support be paid through the Family Support Registry or FSR. The Family Support Registry manages child support payments and will keep a record of all payments made.

Meeting with an experienced attorney to determine what your case will require will prepare you for the months ahead. The family law team at the Law Offices of Clifton Black, PC understands the nuances of family law and the potential issues that may arise—call (719) 328-1616 to book your ½ hour-free consultation today.

Law Offices of Clifton Black, PC