Colorado is a marital property state, meaning that the courts seek to fairly divide your marital assets between both spouses in a divorce. Generally speaking, that will include the home you purchased with your spouse. Everything you own ends up classified as either marital property or separate property.
How is property divided in a divorce in Colorado?
Colorado is not a community property state in a divorce. Colorado is an equitable distribution state, which means property will be divided by the court in a manner that is deemed fair to both parties, but not necessarily equal, if spouses cannot come to a resolution on their own.
Who gets to stay in the house during a divorce?
Whether the house is in the name of one of the parties or jointly owned as joint tenants or tenants in common both parties are entitled to remain in the home during the duration of the divorce until either an agreement is reached or the imposition of a Court order which allows for the sale or transfer of the property.
What am I entitled to in a divorce in Colorado?
In Colorado, a court can order one spouse (“paying spouse”) to pay temporary alimony to a lower-earning or unemployed spouse (“supported spouse”) during the divorce proceeding. … the paying spouse’s ability to pay alimony. the length of the marriage, and. the standard of living established during the marriage.
Can I kick my husband out of the house in Colorado?
First, there is no such thing as abandonment under Colorado law. Colorado is a no-fault divorce state. So, if you do decide it is best to move out, your spouse cannot, in most cases, use this against you in a child custody dispute.
Is the wife entitled to half of everything in a divorce?
In California, there is no 50/50 split of marital property.
When a married couple gets divorced, their community property and debts will be divided equitably. This means they will be divided fairly and equally.
How do I divorce my wife and keep everything?
How To Keep Your Stuff Through Divorce
- Disclose every asset. One of the most important things you can do seems, at first, counter-intuitive. …
- Disclose offsetting debts. Likewise, it is important to disclose every debt, especially debts secured by marital assets. …
- Keep your documents. …
- Be prepared to negotiate.
Why moving out is the biggest mistake in a divorce?
In determining custody, courts in the United States use a variation of the “best interests of the child” analysis. … In general, children remain in the marital home during the divorce process. So by deciding to leave, (moving out affect divorce) you are choosing to limit contact and time spent with your children.
Can I kick my wife out if I own the house?
Can they do that? No! Legally, it’s her home, too—even if it’s only his name on the mortgage, deed, or lease. It doesn’t matter whether you rent or own, your spouse can’t just kick you out of the marital residence.
Does a husband have to support his wife during separation?
Spousal support may be litigated during a divorce, legal separation or even a nullity case, at the conclusion of the divorce or legal separation, or anytime after the conclusion of a divorce or legal separation case so long as the court has retained the power to order spousal support.
Is divorce 50 50 in Colorado?
Colorado law requires that division of property in divorce be “equitable and fair,” which means that it doesn’t necessarily have to be a 50/50 split. By contrast, community property states hold that all property accrued during a marriage is subject to a 50/50 distribution.
Does Colorado require separation before divorce?
How long do you have to be separated before divorce in Colorado? In this state, the legally separated party is required to wait six months before they can pursue a divorce. This means the waiting period begins when the separation decree is put in place and at the end of that six months the spouse may request a divorce.
How long does a Colorado divorce take?
Most divorces in Colorado take about 6-9 months to complete, depending upon the issues involved, and especially upon whether they are contested or not.
How can I get a quick divorce in Colorado?
You can file for an uncontested divorce by submitting an “Affidavit for Decree Without Appearance of Parties” in the district court of the county where either you or your spouse lives. Your county district court clerk’s office should have a form affidavit you can use.
Does it matter who files for divorce first in Colorado?
From a legal standpoint, no. However, while it makes no difference to the judge in Colorado which party files for divorce, filing first can have some personal advantages depending on your situation. … Additionally, according to Forbes, filing first allows you to decide the jurisdiction that will govern your divorce.
Can you date while separated in Colorado?
Can I date while being legally separated? In the eyes of the law, being legally separated does not mean you are single, but separated spouses can still date without violating bigamy laws.