Frequently Asked Questions

Colorado is a “no-fault” divorce state. The only ground for divorce is that the marriage is “irretrievably broken” with no chance of reconciliation.

You or your spouse must have been domiciled in Colorado for at least 91 days before filing for divorce.

Yes, Colorado requires a 91-day waiting period from the date of filing before a divorce can be finalized.

No, you do not need your spouse’s consent or participation to file for and obtain a divorce in Colorado.

While the minimum waiting period is 91 days, most divorces take several months, especially if they are contested

The first step is to file a Petition for Dissolution of Marriage with the district court in the county where you or your spouse resides.

If your spouse fails to respond within the given timeframe (usually 21 days), the divorce process can still move forward without their participation.

No, Colorado is an equitable distribution state, meaning marital property is divided fairly but not necessarily equally.

Colorado courts determine custody based on the best interests of the child, considering factors such as the child’s relationship with each parent, the child’s adjustment to home and community, and the mental and physical health of all parties involved.

Yes, Colorado courts may award spousal maintenance based on factors such as the length of the marriage, each spouse’s financial resources, and the standard of living established during the marriage

Child custody, referred to as “parental responsibilities” in Colorado, is determined based on the best interests of the child. Judges consider factors such as the child’s relationship with each parent, the ability of parents to cooperate, and the child’s adjustment to home and community.

Colorado recognizes two types of custody: physical custody (called “parenting time”) and legal custody (called “decision-making responsibility”). These can be sole or joint arrangements.

Yes, Colorado courts encourage parents to develop their own parenting plan. If parents can’t agree, the court will step in to create a plan that serves the child’s best interests.

Parenting time is scheduled based on the child’s best interests. Courts in Northern Colorado often lean towards equal parenting time unless impractical due to geographical location or issues like substance abuse or domestic violence.

Yes, custody arrangements can be modified. Common reasons include a parent moving to a new location, changes in the child’s needs, or significant changes in a parent’s circumstances.

Colorado doesn’t have a set age when a child can decide. The court will consider the child’s wishes if the child is sufficiently mature to express reasoned and independent preferences.

Generally, no. Third parties, including grandparents, do not have automatic visitation rights to minor children unless they file an independent action to gain those rights.

A parenting plan is a document that outlines parenting time, holiday visitation, and other custody-related matters. It is required in Colorado custody cases.

No. Child support payments are independent of a parent’s right to see their child. A parent cannot refuse visitation due to unpaid child support.

Child support in Colorado is determined based on gross monthly income and other expenses. While parenting time is a factor, it’s not the sole determinant of support obligations.

Colorado courts consider several factors when determining the best interests of the child in custody cases. These factors include:

1. The wishes of the parents
2. The child’s preferences, if they are mature enough to express a reasoned and independent opinion
3. The child’s interaction with parents, siblings, and other family members
4. The child’s adjustment to home, school, and community
5. The mental and physical health of all parties involved
6. The ability of each parent to encourage love, affection, and contact between the child and the other parent
7. The parents’ ability to cooperate and make joint decisions
8. Each parent’s past involvement with the child
9. The distance between the parents’ homes
10. The ability of each parent to place the child’s needs ahead of their own
11. Anything else that can help the Judge make a decision.

Additionally, courts may consider:

• The parents’ work schedules and financial standing
• Any history of domestic violence or substance abuse
• The ability to provide for a child with special needs, if applicable
  

It’s important to note that Colorado law prohibits gender-based assumptions and considers a parent’s conduct only if it affects the parent-child relationships.

Yes, provided residency requirements are met. Under C.R.S. § 14-10-106, at least one spouse must have been a resident of Colorado (or stationed here) for at least 91 days before filing. However, for the court to divide a military pension, the USFSPA requires the service member to be a resident of Colorado for reasons other than military assignment, or to give explicit consent to the court’s jurisdiction.

Yes. Under the federal Servicemembers Civil Relief Act (SCRA), 50 U.S.C. § 3931, service members can request a “stay” of civil proceedings if their military duties materially affect their ability to appear in court. An initial stay of at least 90 days is common, and additional extensions may be granted at the court’s discretion.

In Colorado, military retirement is considered “marital property” subject to equitable distribution under C.R.S. § 14-10-113.

• The Frozen Benefit Rule: Per the 2017 NDAA, the portion of the pension subject to division is based on the service member’s rank and years of service at the time of the divorce decree, not their final rank at retirement.
• The Hunt/Gallo Formula: Colorado courts typically use this formula to calculate the “marital fraction” of the pension (Years of Marriage / Years of Service).

The “10/10 Rule” is a federal administrative requirement, not a rule that determines if you get a portion of the pension. For the Defense Finance and Accounting Service (DFAS) to pay the former spouse directly, the marriage must have lasted at least 10 years, overlapping with 10 years of creditable service. If you don’t meet this, the spouse must pay you directly.

Yes. In Colorado, “gross income” for support purposes is defined broadly. Under C.R.S. § 14-10-115 (Child Support) and C.R.S. § 14-10-114 (Maintenance), non-taxable allowances such as Basic Allowance for Housing (BAH) and Basic Allowance for Subsistence (BAS) are included as income because they reduce the service member’s personal living expenses.

Post-divorce coverage depends on the 20/20/20 Rule. A former spouse remains eligible for TRICARE only if:

1. The marriage lasted 20 years;
2. The service lasted 20 years;
3. The marriage and service overlapped by at least 20 years. If you only meet the 20/20/15 criteria, the spouse may receive one year of transitional coverage.

Colorado law protects deployed parents through the Uniform Deployed Parents Custody and Visitation Act (UDPCVA), found at C.R.S. § 14-13.7-101. A court cannot use deployment as the only reason to permanently change a custody order. Any order made during deployment is considered “temporary” and must terminate once the parent returns.

Yes. Under C.R.S. § 14-13.7-307, a deployed parent may grant all or part of their designated parenting time to a non-parent (typically a grandparent or step-parent) with whom the child has a substantial relationship, provided it is in the child’s best interests.

The SBP provides a monthly annuity to a beneficiary if the service member dies after retirement. In a divorce, the court can order the member to maintain the spouse as the beneficiary. Crucially, a “Deemed Election” must be filed with DFAS within one year of the divorce decree to ensure the former spouse is officially recognized as the beneficiary.

Generally, no. Under the USFSPA and the Supreme Court ruling in Howell v. Howell, VA disability benefits are not considered “disposable retired pay” and cannot be divided as marital property. However, the income can be used to calculate a party’s ability to pay maintenance or child support under C.R.S. § 14-10-114.

Yes. Much like a civilian 401(k), the portion of a TSP contributed during the marriage is considered marital property under C.R.S. § 14-10-113. To divide it, the court must issue a Retirement Benefits Court Order (RBCO), which is specifically formatted for federal plans.

No. While Judge Advocate General (JAG) officers can provide legal assistance (advice on SCRA, reviewing documents, or explaining rights), they are prohibited by federal law from representing service members or their spouses in state court divorce proceedings. You must hire a private attorney or represent yourself.