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Colorado and Wisconsin Divorces

There's no way around it, divorce is tough. But if you're thinking about a divorce, it's important that you have a representative who will make sure your rights are being protected. Many people think it's better to just let the other spouse "have everything" because they're undergoing a painful time and would simply like to get things over with. Problem is that after a certain amount of time goes by you will find yourself wishing you had kept your senses and done things another way.

Colorado, as many other states, offers 'no-fault' divorce in an attempt to streamline the divorce process and weed out many of the factors that tend to cloud the most important things like child custody and alimony. In a no-fault divorce, the court will simply not take moral factors into consideration when making a judgment, unless domestic violence or child abuse are present. In order to file for divorce in the state of Colorado, you must have been a resident of the state for 90 days prior to filing, even if your spouse lives in another state.

In order to begin the process divorce papers must be filed at the courthouse in the county in which you live, after which your spouse will be served by either the sheriff or a paid process server. After which there will be a hearing and the court will pass a judgment. If the divorce is "uncontested", i.e., there is no disagreement on the terms of the divorce, the judge will generally grant a divorce with no questions asked. However if you cannot come to an agreement on important issues pertaining to child custody, child support, alimony or division of property, the judge will have to make a decision.

Generally speaking, it is better to have all the details of divorce settled before getting to the courthouse. Having a lawyer in this phase will be most important. You and your spouse's attorney will present demands and the lawyers will negotiate on your behalf. After consulting with you, they will come to an agreement that everyone can live with.

If you and your spouse have some to amicable terms, you can expect the divorce to be approved within 90 days. In the case of contested divorces, it can take as long as six months.

Wisconsin is a "no fault" divorce state, which means neither spouse must prove that the other has done anything wrong, and only one spouse must testify under oath that he or she believes that the marriage is irretrievably broken. A marriage is irretrievably broken when there is no chance for reconciliation.


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