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In the state of Colorado, there is mandatory waiting period of 91 days from the time the divorce is filed for a decree to be entered. The minimum amount of time that you can have an uncontested divorce is essentially 92 days. Each case is different and can take longer or shorter depending on the parties, situation, and complexities of the case. Divorce cases can take as long as up to a year or even longer depending on the actions of the parties, the issues in dispute, and the availability of court dates in front of the judge hearing the case.
No. There is nothing in the statute that says Colorado has to default to 50/50 parenting time. In fact, the Court considers a number of factors when it determines whether a 50/50 parenting plan, or some other division of parenting time, is appropriate for a specific case. The Judge may weigh one factor more heavily than another. Typically, the Court is required to look at the ‘best interest of the child/children’ when determining what is appropriate for parenting time initially in a divorce proceeding.
Yes, but there is a caveat. When a divorce case with children is filed, the Court has specific injunctions in place during the proceedings. One of those injunctions is that the children should not be removed from the state of Colorado. However, the parents of the child can make an agreement to allow temporary out-of-state travel. A parent wanting to remove the child/children from the state can also file a motion with the Court asking the Judge’s permission to remove the children temporarily from the State.
No. Colorado is a no-fault state for divorce. What that means is that the Judge, in dividing the marital assets and debts, does not consider if one party cheated on the other party. However, there is an argument that can be made called ‘dissipation’ to argue that one party wasted marital assets during the marriage and therefore, should be responsible for a larger portion of the debt that created. It still does not put ‘fault’ on
that person, but it does assign more responsibility for marital waste to one party versus the other.
