November 20, 2017

What is a divorce decree?

At the end of your divorce case in Colorado, the final document ordered by the Court is called a Decree of Dissolution of Marriage or Divorce Decree. The Decree is the document that finalizes your divorce.  A Decree is more than just a piece of paper, it is a document that has specific requirements and describes certain actions approved by the Court.

Colorado Revised Statute (CRS) section 14-10-106 lays out certain protocols for the Divorce Decree. First, the Colorado statute says that the Decree will be entered when the Court finds that one of the parties has been domiciled in the State of Colorado for ninety-one days prior to the commencement of the case. Next, the Court has to find that the marriage is irretrievably broken. Also, the Court has to find that ninety-one days have elapsed since acquiring jurisdiction over the respondent in the case.

In every Decree of Dissolution of Marriage, the Court will consider, approve, or allocate parental responsibilities or child custody with respect to any minor children of the marriage. Additionally, the Decree will address any child support, who is entitled to receive child support, spousal maintenance and the division of property.

The Divorce Decree will state that the Separation Agreement or division of property is not unconscionable and fair and equitable. The Decree will also make a finding that the Parenting Plan or allocation or parental responsibilities is in the best interest of the children.

Further, if a party is requesting a name change or name restoration, the Decree will make a finding that the name change is not detrimental to any person or for the purposes of defrauding any third-party creditors.

Moreover, Colorado Revised Statute (CRS) section 14-10-120 spells out the finality of the Decree itself. The statute says that a decree of dissolution of marriage or of legal separation is final when entered, subject to the right of appeal. An appeal from the decree of dissolution of marriage that does not challenge the finding that the marriage is irretrievably broken does not delay the finality of that provision of the decree which dissolves the marriage beyond the time for appealing from the provision, so that either of the parties may remarry pending appeal.

Just remember that at the end of a long journey, your family law divorce case, your goal is to get a divorce decree. This piece of paper is the final document you need to be officially divorced.

If you have questions about your Colorado Springs divorce, contact us Springs Law Group at (719) 299-5777. The family law lawyers at Springs Law Group are skilled advocates who care about your case and can help guide you with a plan for success.

Christopher Nicolaysen is a Family law Attorney who practices in Colorado Springs, CO. He graduated from Denver Sturm College of Law, and has been practicing law for several years now. Christopher Nicolaysen is passionate about helping you solve your family matters. Learn more about his experience here.

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