• 06
  • August
    2010

Today's post will continue the previous examination of Colorado's divorce laws. As before, the primary objective is provide some general information and clarify any misperceptions.

(Please see "An Examination of Colorado Divorce - I" for more information)

I want to divorce my spouse as soon as possible, how long will I have to wait before our marriage is officially "dissolved?"

Under Colorado law, your divorce cannot be finalized until at least 90 days have passed since the filing of the petition for dissolution of marriage and subsequent service of the petition on your spouse.

This 90-day period is typically referred to as a "cooling off period." It gives you and your spouse the opportunity to potentially work out any issues and avoid divorce altogether.

Please note, you cannot really predict how long a divorce will take. For those couples without significant assets or children, or who are willing to cooperate with one another, the process can be completed fairly quickly.

Are there any residency requirements that I must satisfy in order to secure a divorce in Colorado?

Yes. You may not obtain a decree of dissolution of marriage unless you or your spouse has lived in Colorado for 90 days prior to the commencement of divorce proceedings.

It is also important to note that you can't simply move to Colorado for the sake of obtaining a quick divorce. You must be able to demonstrate to the court that you have an intent to permanently reside in Colorado. For example, you can't rent a house in Denver for three months and then attempt to secure a divorce.

What if I have no idea where my spouse is located, can I still divorce them?

If you don't know where your spouse is located, you can still secure a dissolution of marriage. In general, you must make some sort of good-faith/reasonable effort to inform them that you are seeking a dissolution of marriage and serve them with a copy of the petition.

Once you have done this, you may ask the court to authorize service on your spouse via publication of a summons in an area newspaper.  

Future posts will continue to examine Colorado's divorce laws. Be sure to contact a legal professional if you have pressing questions or concerns regarding a family law matter.

Related Resources:
  
• Frequently Asked Questions about Dissolution of Marriage/Divorce (Colorado Legal Services.org)
• Colorado Revised Statutes, Title 14, Article 10