Denver Divorce Lawyer Frequently Asked Questions
Denver Divorce Lawyer Frequently Asked Questions
Other ways are to get an annulment or legal separation. There are a few key differences between each procedure.
In Denver, the legal term for divorce is the "dissolution of marriage." In the case of a divorce, the parties are completely separated for all legal purposes. They must file separate tax returns, can remarry, etc. In the case of annulment, the parties do not only terminate their marriage, they essentially pretend it never happened at all. An annulment is filed only in particular cases, and most couples will not qualify.
Unlike annulment, divorce and legal separation do not require the spouses to meet certain requirements other than the marriage is irretrievably broken; however, in a legal separation, the terms are not permanent. And though legal separation is not final, most end in divorce. Ask your Denver divorce lawyer for more information about the difference between these terms and which would be best for you.
Can I get a divorce if I am just tired of being married?
It depends. Divorce laws in the state of Colorado are "no fault." This means that, so long as both parties consent to the dissolution of marriage, they can be divorced. However, they must prove to the court that the marriage is irretrievably broken. In other words, both parties must agree upon the grounds for their divorce and these grounds substantially prove that the marriage cannot be repaired.
Given this, the short answer to the question is no. One cannot file for divorce simply because they do not feel like being married anymore. However, if both parties agree that their marriage is broken for a specific reason, they can bring the case to court. A Denver divorce lawyer can assist in having your divorce accepted, especially if both parties agree to the terms.
Recent changes have been made to the divorce laws in Denver. For more information about how this might effect your case, consult your Denver divorce lawyer.
What if both parties do not agree? Can we still get divorced?
Though Denver divorce laws are no fault, one can still terminate one's marital status on the basis of fault. If a marriage is to be terminated based on the actions of a particular spouse, this case can still be heard. However, Denver has some regulations against placing blame in divorce court.
For example, when filing for divorce, a Colorado family law court will not allow a spouse to issue evidence of wrongdoing unless is relevant to a particular aspect of the case. In other words, abuse is relevant to a case on the issue of parenting and the destruction of a marital asset may be relevant on the basis of property division. A spouse cannot issue evidence of a spouse's flatulence and claim it as grounds for divorce. Talk to your Denver divorce lawyer for more information about proving fault.
We didn't get married in Denver, can we still file for divorce here?
It is possible to get divorced in Denver even if you did not get married in Colorado. However, in order for the state to have jurisdiction over the case, it is necessary for at least one party to have been a permanent resident for at least 90 days prior to the court proceedings. Talk to your Denver divorce lawyer to find out if you qualify for a Colorado divorce.
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