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Colorado Divorce Law Residency
Requirements for Divorce in Colorado
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One spouse must have been a resident of Colorado for 90 days prior
to filing for dissolution of marriage. The dissolution of marriage
may be filed for in: (1) the county where the respondent resides or
(2) the county in which the petitioner resides if the respondent has
been served in the same county or is a non-resident of Colorado.
[Colorado Revised Statutes; Article 10, Section 14-10-106 and
Colorado Rules of Civil Procedure, Rule 98].
Legal Grounds for Divorce in Colorado
- No Fault Divorce:
Irretrievable breakdown of the marriage.
[Colorado Revised Statutes; Article 10, Section 14-10-106].
- General Divorce:
Irretrievable breakdown of the marriage is the only grounds for
dissolution of marriage in Colorado.
[Colorado Revised Statutes; Article 10, Section 14-10-106].
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Legal Separation in Colorado
If there has been an irretrievable breakdown of the marriage, the
spouses may file for a legal separation. One spouse must have been a
resident of Colorado for 90 days prior to filing for legal
separation.
[Colorado Revised Statutes; Article 10, Section 14-10-106].
Simplified/Special Divorce Procedures in Colorado
A dissolution of marriage may be obtained by affidavit of either or
both of the spouses if:
1. There are no minor children and the wife is not pregnant or both
spouses are represented by counsel and have entered into a
separation agreement granting custody and child support
2. There are no disputes
3. There is no marital property or the spouses have agreed on the
division of marital property
4. The adverse party (non-filing spouse) has been served with the
dissolution of marriage papers
A signed affidavit stating the facts in the case must be filed with
the petition.
[Colorado Revised Statutes; Article 10, Section 14-10-120.3].
Divorce Mediation or Counseling Requirements
At the request of either spouse or their attorney, or at the
discretion of the court, the court may appoint a marriage counselor
in any dissolution of marriage or legal separation proceeding and
delay the proceedings for 30 to 60 days to allow for counseling. In
addition, the court may order a parent of a child under 18 years of
age to attend a program concerning the impact of separation and
dissolution on children. Finally, a court may appoint an arbitrator
to resolve disputes between parents concerning child support and
custody.
[Colorado Revised Statutes; Article 10, Sections 14-10-110,
14-10-123.7, 14-10-128.5, and 14-12-106].
Divorce Property Distribution
Colorado is an "equitable distribution" state. The separate property
of each spouse which was owned prior to the marriage or obtained by
gift or inheritance is retained by that spouse. All other property
acquired during the marriage will be divided, without regard to any
fault, based on the following:
1. The contribution of each spouse to the acquisition of the marital
property, including the contribution of each spouse as homemaker
2. The value of each spouse's separate property
3. The economic circumstances of each spouse at the time the
division of property is to become effective, including the
desirability of awarding the family home or right to live in it to
the spouse having custody of any children
4. Any increase or decrease in the value of the separate property of
the spouse during the marriage or the depletion of the separate
property for marital purposes.
[Colorado Revised Statutes; Article 10, Section 14-10-113].
Alimony and Spousal Support
Either spouse may be awarded support for a just period of time,
without regard to any marital fault. If the spouses' combined income
is over $75,000.00, the monthly temporary maintenance to the
lower-earning spouse will be 40% of the higher-earning spouse's
income less 50% of the lower-earning spouse's income. If the
spouses' combined income is over $75,000.00, maintenance is only
allowed if the spouse seeking maintenance:
1. Lacks sufficient property, including his or her share of any
marital property, to provide for his or her needs
2. Is unable to support himself or herself through appropriate
employment, or has custody of a child and the circumstances are such
that the spouse should not be required to seek employment outside
the home
For couples with over $75,000.00 joint income, the award of
maintenance is based upon the following factors:
1. The time necessary to acquire sufficient education and training
to enable the spouse to find appropriate employment and that
spouse's future earning capacity
2. The standard of living established during the marriage
3. The duration of the marriage
4. The ability of the spouse from whom support is sought to meet his
or her needs while meeting those of the spouse seeking support
5. The financial resources of the spouse seeking maintenance,
including marital property apportioned to such spouse and such
spouse's ability to meet his or her needs independently
6. The age of the spouses
7. The physical and emotional conditions of the spouses
8. Any custodial and child support responsibilities
Maintenance payments may be ordered to be paid directly to the court
for distribution to the spouse.
[Colorado Revised Statutes; Article 10, Sections 14-10-114 and
14-10-117].
Spouse's Name After Divorce
There is no legal provision in Colorado for restoration of the
spouse's name upon divorce. However, there is a general statute
which allows for the change of a person's name upon petition to the
court.
[Colorado Revised Statutes; Article 10, Section 13-15-101].
Child Custody After Divorce
Joint or sole custody will be determined with regard to the best
interests of the child, without regard to the sex of the parent, and
after considering the following factors:
1. The preference of the child
2. The desire and ability of each parent to allow an open and loving
frequent relationship between the child and the other parent
3. The wishes of the parents
4. The child's adjustment to his or her home, school, and community
5. The mental and physical health of all individuals involved
6. The relationship of the child with parents, siblings, and other
significant family members
7. Any child abuse or spouse abuse by either parent
8. Whether a parent's past involvement with the child reflects a
system of values, time commitment, and mutual support
9. The physical proximity of the parties to each other
10. The ability of each party to place the needs of the child ahead
of his or her own needs
Visitation may be restricted if there is a danger to the child.
Joint custody may be awarded on the petition of both parents if they
submit a reasonable plan for custody. The plan submitted to the
court for joint custody should address the following issues:
1. The location of each parent
2. The periods of time during which each parent will have physical
custody of the child
3. The legal residence of the child
4. The child's education
5. The child's religious training, if any
6. The child's health care
7. Finances to provide for the child's needs
8. Holidays and vacations
9. Any other factors affecting the physical or emotional health or
well-being of the child
The actual joint custody award is based on all of the factors
involved in standard custody decisions and on the following
additional factors:
1. The ability of the parents to cooperate and make decisions
jointly
2. Whether the past pattern of involvement of the parents with the
child reflects a system of values and mutual support which indicates
the parent's ability as joint custodians to provide a positive and
nourishing relationship with the child
3. Whether an award of joint custody will promote more frequent or
continuing contact between the child and each of the parents
[Colorado Revised Statutes; Article 10, Sections 14-123, 14-124, and
14-129].
Child Support After Divorce
The court may order reasonable and necessary child support to be
paid by either or both parents, without regard to marital fault,
after considering the following factors:
1. The financial resources of the child
2. The financial resources of the custodial parents
3. The standard of living the child would have enjoyed if the
marriage had not been dissolved
4. The physical and emotional conditions and educational needs of
the child
5. The financial resources, needs, and obligations of both the
noncustodial and the custodial parent
Provisions for medical insurance and medical care for any children
may be ordered to be provided. There are specific child support
guidelines specified in the statute. In addition, standardized child
support guideline forms are available from the Clerk of any District
Court. Child support payments may be ordered to be paid through the
Clerk of the Court. Child support must continue through high school
graduation, unless certain factors are met.
[Colorado Revised Statutes; Article 10, Sections 14-10-115 and
14-10-117]. Continue to
Connecticut Divorce
Laws |
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Resource
Article:
Why Men Leave (Common Reasons Men Leave Relationships)
By Dr Brenda Shoshanna
Dec 4, 2006, Mon, 4 Dec 2006 13:41
There are many different reasons why men leave relationships or
refuse to settle down with the woman they are with. It’s important
for women to take a good look at these reasons. To their surprise
and delight, they will discover that most of the reasons why men
leave have nothing to do with them.
Some men cling to the ghost of past relationships, idealizing an old
love and deciding they'll never find a person like that again.
It feels safer to hold onto the past than risk failure with someone
who is available today. These men prefer to dwell in a memory than
to face the reality of present day life.
For some, this memory goes back to their mothers. No woman can live
up to mom, or to any other woman they idealize. They begin to
imagine that these other women were perfect and gave them
unconditional love. Whatever their present girlfriend does is
compared with that. No woman can win over an idealized memory. These
men are living in dreams.
Other men leave seeking excitement and challenge. Being with someone
who loves them becomes boring and flat. After years of dating
beautiful women who adored him but for whom he felt little,
Frederick, a handsome, articulate architect, in his late thirties,
finally fell in love. It was a tumultuous situation, however.
"I was in love with Fern for three years,” he said. "But I left her
three times and each time she came back, wanting me again. No other
woman had done that before. Fern was very neurotic. I guess that’s
what attracted me.”
Some men find the lack of stability in a woman to be challenging,
exciting and erotic. The unpredictability creates a situation where
there is a constant sense of danger and threat of loss. This keeps
these men constantly on the alert, so things never become routine.
Excitement is confused with passion. There is a sense that, because
of the turmoil, they are finally alive. After awhile it usually
becomes too much.
"I finally left Fern and never went back,” Frederick said. “It
became too exhausting in the long run.”
When men are attracted to neurotic women, it is interesting to note
that these men are often attracting a partner who is expressing what
he is also going through inside. She may be acting out what he is
feeling and not able to express. When he finally becomes angry with
the woman, he is really angry with himself. What we cannot accept in
another is always something we haven't been able to accept in
ourselves.
Other stresses also cause men to leave relationships. When a man is
unhappy at his job, or when he feels pressured to commit, before he
is ready, old dreams that haven’t been fulfilled will come up to
haunt him. He then will begin to feel that this is the time to live
out these dreams. These men often feel justified in abruptly leave
unsatisfying relationships in search of their fantasies and dreams.
When Renee, handsome, strong, the successful owner of a well know
beauty salon left for a new woman he said, “No one leaves if they're
happy. After awhile you just begin to feel time is running out and
you get tired of the bad stuff. You feel you don't need it anymore.
You paid your dues. You're tired."
When asked why he felt the attraction to a different woman, he said,
“Part of it is just plain beauty. But also she was much younger. I
like that. A young woman looks up to a guy because he's older and
can do all these things for her, and he adores her because she's
young, pretty and makes him look good and feel good and proud."
Implicit in this is a deep need men have to be looked up to, valued,
respected and recognized, not only by his peers, but by the woman
he's with. Especially at a time in life when a man's sense of
himself is wavering, it is extremely uplifting to have a woman
who looks up to him and what he has achieved. Unfortunately,
at this point, some wives of long standing can only see their man’s
deficits. If they then remind him of his failings constantly, it's
often more than his ego can bear.
Though there are many more factors contributing to men leaving
relationships, a common theme appears through all of them. The men
are not necessarily responding to the woman they are leaving, but to
their own inner needs, conflicts and dreams.
Often they experience the woman in their lives simply as a part of
their own sense of self. It is not the woman herself who necessarily
causes the man to leave, but the man's feelings about himself, his
own inner fantasy and quest. |
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Divorce Factoid:
Divorce Rates In Japan
Japan divorce rate is approximately 27%.
One in every four marriages ends up to divorce.
According to Reuters, The number of divorces annually
has almost doubled since 1990, with 264,000 couples
formally breaking up in 2000. From 2000 to 2004, there
is a little bit drop in the divorce rate in Japan.
If we compare the Japan divorce rate
with the divorce rates of the other countries:
Divorce rate per 1000 couples
Japan: 2.2
USA:4.0
Germany: 2.4
France: 1.9
Italy: 0.7
UK: 2.6
Sweden: 2.4
From above statistics, it is clear
that divorce rate is about half than US divorce rate.
According to Health Ministry statistics, divorces rate
in Japan had more than doubled, from just over 95,000 in
1970 to 206,955 in 1996.
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Disclaimer: This website is not intended to give legal advice or service.
It
is an informational website and should only be used as such. For legal issues seek a competent legal counsel or advisor. A
man that represents himself has a fool for a client.

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