Per state law, the courts may only enter a decree of dissolution of marriage when three divorce requirements are met in a Colorado Springs case. First, the court must find that one of the parties has lived in state for 91 days prior to the beginning of their case; second, the court must determine that the marriage is irretrievably broken; and, third, the court determines that more than 91 days have passed since it established jurisdiction over the respondent.
The purpose of the domicile requirement is to make sure that Colorado is the proper place to hear the case. The court must find that the marriage is irretrievably broken to show that the marriage should end. Then, the 91 days after jurisdiction condition is the cooling-off period as part of the divorce process.
Colorado Rule 16.2 is an important law to know when going through a divorce because it details the management, date, and deadlines of a divorce case in the state. Additionally, if children are involved in a divorce case, Colorado Revised Statute §14-10-124 determines the best interests of the child, and details the factors for parenting time and decision-making.
To get a divorce in Colorado Springs, one of the parties is required to live in the state for at least 91 days immediately prior to the commencement of the dissolution of marriage, according to Colorado Revised Statute §14-10-106.
The domicile requirement does not mean that Colorado must be the party’s sole residence. The party can have a home in Colorado and in another state and still meet this requirement. If there is a question about domicile, the courts will look to see if the parties has things such as a state driver’s license, if they’re registered to vote in the state, if they have registered their vehicle in the state, if they work in Colorado, and if they’ve filed their state tax.
It is important to note that a couple does not have to live separately for any amount of time before being eligible for a divorce. Oftentimes, parties that are still living in the same household file for marriage dissolution.
The waiting period between the scheduling of a court hearing the final judgement must at least 91 days since the court acquired personal jurisdiction over the respondent. The court then has the parties file a notice to schedule the final hearing of the case. At the actual final hearing, the court issues the final ruling and court orders on all issues in the divorce.
An experienced marriage dissolution attorney could help you navigate the ins and outs of these divorce requirements in Colorado Springs. A lawyer could take the guessing and unknowns out of the case as they understand the process and deadlines. The best time to contact legal counsel is at the beginning of the case, so call today to get the help you need.