If you are dealing with divorce in Colorado then you should know a few things that are particular to this state. First of all, divorce is actually known as the dissolution of marriage or DOM under Colorado law and custody is termed, as an allocation of parental responsibility APR’ while alimony is understood as maintenance’. It is considered to be a no-fault’ state, meaning neither party is held to blame. The one filing for the divorce is called the petitioner’ while the one being divorced is the respondent’. Essentially a divorce is you being sued by your spouse so it is best to confront the situation head on and avoid avoiding it. If you don’t involve yourself from the get-go then decisions will be made for you and those decisions may not serve your interests. It is also important to keep in mind that if children are involved, that you’ll need to set up a parenting plan as soon as you can.
What dissolution of marriage in Colorado boils down to is that a couple simply experiences irretrievable breakdown’ of the marriage. Divorcing spouses need to confirm agreements with a separation agreement’, by which then the judge decides how to divide the party’s properties. Marital property is consequently set aside during which the value of property is evaluated and economic circumstances is taken into account. Alimony, or maintenance’ should be paid from one spouse to another if the other spouse is has lower earning power or is unemployed. A judge can help decide how long this takes if the two cannot come to a decision.
Custody issues do not have to be solved in court, but can be settled between the parents to find the best suitable scheduling. Family law can be a very complex issue especially when considering the finances involved as well as the emotional turmoil that it can bring about. Incorrect calculations and misunderstands can lead to further losses and deeper feelings of resentment. If you cannot afford a lawyer, your spouse will have to cover the attorney’s fees after a judge considers both your financial assets. A marriage can be considered invalid if either party lacked the capacity to consent due to the influence of alcohol or drugs. If either party lacked the physical capacity to consummate the marriage by sexual intercourse and the other was not aware of this incapacitation. If one of the parties is underage, if there was a reliance on fraud, if it was done under exterior pressure or if it was out of a dare or as a joke. If you or your spouse is objecting the divorce it can still go through if the judge is convinced of the destruction of the relationship.
There is a cooling off period’ granted through which both parties can be given the chance to stand back and see where things are going and whether they would like to change any decisions. Luckily, if your spouse has disappeared you can still file for a divorce without their presence but you must prove the effort taken to find them.