At present, the state of Colorado is a focal point of the growing movement to preserve traditional marriage.
In Colorado, the divorce rate is approximately ten percent higher than the national average. Five marriages for every 1000 people end in divorce in Colorado- a rate higher than the national average. In El Paso County alone, about 200 couples get married every month and the same number file for divorce. Colorado also happens to be the home to the author of the Federal Marriage Amendment. President Bush’s endorsement of the Federal Marriage Amendment will make it a hot election issue and will provide ample opportunity to the advocates for family values to ensure public support for the traditional marriage. Recently, a massive “Stand up for Marriage” rally was organized at the Colorado state Capitol. According to the rally organizer and local State Representative Kevin Lundberg, “We are deeply concerned, deeply concerned because the bedrock institution of our culture is under attack. I hope with God’s blessing we can continue to uphold the institution of marriage”.
As per Colorado Statutes, the residency requirements for filing a divorce suit in Colorado are that, at least one of the spouses should be domiciled in the state for ninety days next preceding the commencement of the proceeding.
Colorado is a “no-fault” state. The only valid ground for divorce is a finding by the court that the marriage is irretrievably broken. The court can issue a divorce decree:
(1) If both of the parties by petition or otherwise have stated under oath that the marriage is irretrievably broken or one of the parties has so stated and the other has not denied it, there is a presumption of such fact, and, unless controverted by evidence, the court shall, after hearing, make a finding that the marriage is irretrievably broken.
(2) If one of the parties has denied under oath or affirmation that the marriage is irretrievably broken, the court shall consider all relevant factors, including the circumstances that gave rise to the filing of the petition and the prospect of reconciliation, and shall:
(a) Make a finding whether the marriage is irretrievably broken; or
(b) Continue the matter for further hearing not less than thirty days nor more than sixty days later, or as soon thereafter as the matter may be reached on the court’s calendar, and may suggest to the parties that they seek counseling. At the adjourned hearing, the court shall make a finding whether the marriage is irretrievably broken.
(Colorado Statutes: Article 10- Sections- 14-10-106 and 14-10-110)
A divorce suit begins with the filing of the “Summons” and “Petition for Dissolution of Marriage” by one of the parties in the designated court. The spouse filing the petition is called the “Petitioner” and the other spouse is called the “Respondent”. The petitioner needs to serve the summons and petition on the respondent through appropriate means and methods recognized by the court. Once the petition is served, the respondent is given 30 days to file a “Response”. As soon as the divorce suit is filed, certain “Temporary Injunctions” in the nature of automatic restraining orders come into effect till the divorce is pending. The next step is the exchange of relevant financial information between the two parties, concerning the issues related to the divorce suit. If the two parties tend to agree on the vital issues, they may draft and file a marital settlement agreement with the court for soliciting a divorce decree. Otherwise, any of the parties may request a “Permanent Orders Hearing”, to have the issue resolved by the court.
Colorado is an “equitable distribution” state and the court divides all the marital property, in such proportions as the court deems just after considering various important factors. All the property acquired by either spouse subsequent to the marriage and prior to a decree of legal separation is presumed to be marital property. The court may grant a temporary or permanent “maintenance” to a spouse taking into account various factors such as the education, employability, duration of marriage, age and physical condition, etc, of the two spouses.
Colorado has replaced the issues of “custody” and “visitation” by a more appropriate term as “Parental Responsibilities”. All decisions regarding this matter are made, based upon the “best interests of the child”. In Colorado, grandparents may seek parental responsibility by a court order. The child support is calculated in accordance with the “Colorado Child Support Guidelines”.
On an average day in Colorado, there are 96 marriages and 56 divorces. Colorado’s divorce rate of 4.3/1000 population in 2005 was a slight decrease from the 2004 divorce rate of 4.4. It reached a 34-year low in 2003 with 4.2/1000 population. Colorado has one of the highest cohabitation rates in the nation and has a large un-churched population.
Article: Divorce Process in Colorado
Created on: 2007-07-31 10:06:07
