In Colorado, the legal terminology for divorce is “Dissolution of Marriage.” It’s the same thing as divorce in other states, although there are specific areas of this particular branch of the family law that may differ.
Whatever your reason for wanting to dissolve your marriage though, it’s important youconsider hiring a Denver divorce attorney to provide you with the legal assistance you need. Always keep in mind that many different factors go into the decision-making process of the family law courts, especially in the no-fault Centennial State, so it’s better to have a strong case before filing.
The filing process
As the filing party, the district court will refer to you as the “Petitioner.” You can proceed to file a Petition for Dissolution of Marriage. Your spouse – the “Respondent,” can make the response, legally known as “Response to the Petition,” within 20 days following the servicing of your petition. If your spouse received the service outside of Colorado, the court will extend the length of time given for the response to 30 days.
Determining the legality of your ground for divorce
Unlike other states that require divorcing parties to state a legal ground for wanting to dissolve the marriage, Colorado doesn’t. However, the district court will only grant the marriage dissolution if it finds that the relationship is already irretrievably broken. This means that traditional grounds for divorce, such as adultery, cruelty, or infertility among several others, don’t apply. Instead, you’d have to allege and testify that your marriage is already broken and can no longer be saved.
Keep in mind though, that your spouse has the right to deny these allegations, which can halt the divorce proceedings and make it more difficult for you. This is why it’s smarter to go to the courts well-prepared with a solid case of the irretrievable breakdown of your marriage even before you file for a divorce.