Colorado Divorce Laws

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Colorado divorce laws are a part of the state laws that govern the procedure of a divorce. These laws contain legal provisions regarding various issues like alimony, child support, child custody and property distribution. Some of these issues are discussed below:

Colorado Divorce Laws for child support

The revised statutes 14-10-115 are the basis of the laws for child support in this state. Child support is decided by utilizing the Income Shares model. As per this model, the total earnings of the parents is considered to decide the level of support. The Colorado Judicial Branch Child Support guidelines have worksheets which assist in calculating the level of support. The features of child support are as follows -

  • Support is essential till the child graduates from high school.
  • Support is necessary till the child is independent
  • If the child is physically or mentally disabled, then support continues after the child attains 19 years of age.
  • The educational and developmental needs of a child are to be considered while calculating the child support.
  • The medical and health facilities are to be included in the total amount of child support.

Colorado Divorce Laws regarding child custody

Child custody is one of the prominent issues of a divorce. The child custody directly affects the future of the child in many ways. So, it is necessary to look for options that suit the child in the best possible way under all circumstances. The responsibility of child custody ends when a child enters an age of maturity. Keeping the optimum interests of the child in mind, the Court speculates the following prior to issuing orders of custody.

  • Whether the parent has a capacity to give more priority to the child's needs than their own needs.
  • Proofs of neglect, child abuse and spousal abuse by any parent.
  • The physical separation between the partners to consider the practicalities of parenting time.
  • Whether there is an evidence of mutual support, time commitment and if the parent can imbibe certain values in the child.
  • The capacity of one parent to inspire a sharing of contact, affection and love amongst the other parent and the child.
  • The physical and mental health of all those who have been involved with the child.
  • Whether the child can adapt to the community, school and home.
  • The relation of the child with siblings, parents or any other individuals who might considerably influence the best interests of the child.
  • If the child is mature enough to voice reasoned preferences regarding the parenting arrangement, then the desires of the child are taken into account.
  • The desires of the parents with respect to parenting time.

In single parent custody, either of the parent would be denied to have full custody of child. But, such parent can apply for a child visitation that serves as an opportunity to maintain a healthy contact with the child.

Spousal Support

Alimony may be awarded to either spouse on a permanent or temporary basis. In the period of marital dissolution or during legal separation a request for temporary support can be made. The monthly temporary allowance is permitted only if the total income of both parties is more than 75 thousand dollars. Otherwise the court uses an alimony formula that calculates the amount of temporary alimony.

However, the spousal support is calculated considering the following issues -

  • The partner from whom support is requested should have the capacity to meet their self needs as well as the other partner's needs.
  • The emotional and physical condition as well as the age of the partner requesting support is considered.
  • The duration required for the partner requesting support to have enough education and training to secure a proper employment and a better earning potential in the future.
  • The standard of living that was being enjoyed during the marital life.
  • The period of the marital life

Colorado Divorce Laws Regarding Residency Requirements

Residency requirements are the necessary conditions that have to be fulfilled by the applicants who want to apply for a divorce in Colorado. They are essential rules for a jurisdiction of a divorce case. For filing a divorce in Colorado, either of the spouse must be a resident of this state for at least three months prior to the filing of a divorce case. If a person could not meet these requirements, a divorce case will not be entertained in the court.

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