• 04
  • August
    2010

Periodically, this blog will provide readers with background information about Colorado divorce/family law matters. The next few posts will take a closer look at the divorce process itself and are designed to clarify common misperceptions.

What legal terms are used by the state of Colorado in reference to divorce and its related issues?

Contrary to popular belief, the legal term used by Colorado's courts and state laws in reference to the termination of a marriage is not divorce but rather "dissolution of marriage." In addition, alimony or spousal support is referred to as "maintenance," while child custody is known as "allocation of parental responsibility."

If I am "legally separated" from my spouse, is that the same thing as being divorced?

No, they are two very different things. If you are divorced (i.e., your marriage is dissolved by the courts), you are no longer married. This means you may be entitled to support (both spousal support and child support) and are also free to marry another person.

However, if you and your spouse are legally separated, your marriage has not been dissolved and you are not free to marry another person.

Do I need a specific reason to get a divorce in Colorado?

Colorado is a no-fault divorce state. This means that the spouse seeking a divorce need only state that the marriage is "irretrievably broken." Nothing more specific needs to be demonstrated and blame will not be assigned to either spouse by the courts.

What if I object to the divorce?

Your spouse can still pursue a divorce despite your objections. As mentioned above, all that needs to be demonstrated is that the marriage is "irretrievably broken."

The rationale is simple: If you need a court order to keep your marriage intact, it is more than likely irretrievably broken.

Contact an attorney to learn more about Colorado law.

Stay tuned for more in the next post ...  

Related Resources:
   •Frequently Asked Questions about Dissolution of Marriage/Divorce (Colorado Legal  Services.org)