Divorce In Colorado

Divorce, also known as dissolution of marriage, is a complex legal process that permanently dissolves the marital union between two parties. The Colorado Revised Statutes govern divorce in Colorado, Title 14 – Domestic Matters, Article 10 – Uniform Dissolution of Marriage Act (C.R.S. § 14-10-101 et seq.). Understanding the intricacies of the legal process is crucial for couples considering a divorce in the state.

The importance of understanding the legal process must be balanced. Navigating the complexities of divorce, from filing the appropriate paperwork to negotiating property division and child custody arrangements, can be overwhelming. It is essential to be well-informed about Colorado’s specific laws and procedures to ensure a smooth, efficient, and fair dissolution of marriage. Moreover, a solid grasp of the legal landscape can help minimize the emotional and financial toll on the divorcing parties and their families.

This article provides a comprehensive overview of the key aspects of divorce in Colorado, including grounds for divorce, residency requirements, property division, spousal support, child custody, and the overall divorce process. By presenting the information clearly and concisely, this article aims to empower readers with the knowledge necessary to make informed decisions throughout their divorce journey. Furthermore, it seeks to highlight the valuable resources available through instantonlinedivorce.com, which can simplify the process and guide navigating the legal intricacies of divorce in Colorado.

What Are Grounds for Divorce in Colorado?

A. No-fault divorce state

Colorado is a no-fault divorce state established by the Colorado Revised Statutes, Title 14 – Domestic Matters, Article 10 – Uniform Dissolution of Marriage Act (C.R.S. § 14-10-106). In a no-fault divorce jurisdiction, the party seeking the dissolution of a marriage does not need to prove that the other spouse engaged in any wrongful conduct, such as adultery or cruelty. This approach is designed to minimize the potential for animosity and hostility between the parties, simplifying the divorce process and promoting a more amicable resolution of marital disputes.

B. Irretrievable breakdown of the marriage

Under C.R.S. § 14-10-106(1)(a)(II), the only ground for divorce in Colorado is an irretrievable breakdown of the marriage. This means the marital relationship is so strained and damaged that reconciliation is impossible. To establish an irretrievable breakdown, the filing spouse must assert that the marital relationship is beyond repair and that reconciliation is impossible. The court will then determine whether the marriage is irretrievably broken, considering any denials or objections from the other spouse.

In practice, the court typically accepts the filing spouse’s assertion that the marriage has suffered an irretrievable breakdown, especially in cases where both parties agree to the divorce. It is worth noting that the specific reasons for the breakdown, such as infidelity or financial disagreements, are not considered relevant to the court’s determination, given Colorado’s no-fault approach to divorce.

Residency Requirements

A. Timeframe for establishing residency

In order to file for divorce in Colorado, at least one of the spouses must meet the state’s residency requirements. According to the Colorado Revised Statutes, Title 14 – Domestic Matters, Article 10 – Uniform Dissolution of Marriage Act (C.R.S. § 14-10-106(1)(a)(I)), either spouse must have been a resident of the state for a minimum of 91 days immediately preceding the commencement of the divorce action. The 91 days are calculated from the date the petition for dissolution of marriage is filed with the appropriate Colorado court.

B. Importance of meeting residency requirements

Meeting the residency requirements is a crucial element in the divorce process, as failure to do so can result in the court dismissing the case due to lack of jurisdiction. Establishing residency in Colorado ensures that the court has the authority to decide on the dissolution of marriage and related matters such as property division, spousal support, and child custody. Additionally, adhering to the residency requirements can help prevent potential delays or complications in divorce proceedings.

If neither spouse meets the residency requirements, they must either wait until the 91-day residency period is satisfied or explore the possibility of filing for divorce in another state where the residency requirements have been met.

Filing for Online Divorce

A. Documents required

To initiate a divorce in Colorado, the petitioner (the spouse filing for divorce) must complete and file several documents per the Colorado Revised Statutes, Title 14 – Domestic Matters, Article 10 – Uniform Dissolution of Marriage Act (C.R.S. § 14-10-107). The primary document required is the Petition for Dissolution of Marriage (Form JDF 1101), which provides essential information about the marriage, the grounds for divorce, and any requests for relief, such as property division, spousal support, or child custody arrangements.

In cases involving minor children, additional forms must be completed, including the Parenting Plan (Form JDF 1113) and the Sworn Financial Statement (Form JDF 1111). These documents address matters related to child custody, visitation, and support. It is essential to accurately complete all required forms, as they will serve as the basis for the court’s decisions throughout the divorce process.

B. Filing fees and payment options

When filing for divorce in Colorado, the petitioner must pay a filing fee to the court. The cost varies depending on the specific court and the case’s complexity, but generally, the price for filing a Petition for Dissolution of Marriage is approximately $195. Payment can typically be made using cash, check, money order, or credit card. It is essential to verify the exact amount and accepted payment methods with the local court where the divorce is being filed.

In cases of financial hardship, the petitioner may apply for a waiver of the filing fees by submitting the Motion to File Without Payment and Supporting Financial Affidavit (Form JDF 205). The court will then review the petitioner’s financial situation and determine whether to grant the waiver.

C. Online filing process for instantonlinedivorce.com

Instantonlinedivorce.com offers a convenient and efficient online filing process for divorce in Colorado. Users can easily complete the required forms and obtain a customized divorce package tailored to their situation by utilizing the platform’s user-friendly interface and guided questionnaire. The platform ensures that all documents are prepared in accordance with Colorado laws and regulations, reducing the risk of errors and delays in the divorce process.

Once the forms are completed, instantonlinedivorce.com provides detailed instructions for filing the documents with the appropriate Colorado court. The platform also offers ongoing support and resources to assist users throughout the divorce process, ensuring a smoother and more manageable experience.

Division of Property in Colorado Cases

 

A. Equitable distribution

In Colorado, the division of property in a divorce follows the principle of equitable distribution, as outlined in the Colorado Revised Statutes, Title 14 – Domestic Matters, Article 10 – Uniform Dissolution of Marriage Act (C.R.S. § 14-10-113). This means that the court will divide the couple’s marital property in a manner that it deems fair and just, considering various factors specific to the case. It is important to note that equitable distribution does not necessarily mean an equal 50-50 split; instead, it is a distribution the court believes is equitable under the circumstances.

B. Factors considered by the court

When determining equitable property division, the court will consider several factors, as outlined in C.R.S. § 14-10-113(1). These factors may include, but are not limited to:

  1. The contribution of each spouse to the acquisition of the marital property, including the contribution of a spouse as a homemaker;
  2. The value of the property set apart for each spouse;
  3. The economic circumstances of each spouse at the time of property division;
  4. Any increase or decrease in the value of the separate property during the marriage or the depletion of separate property for marital purposes;
  5. The desirability of awarding the family home or the right to live in the family home for a reasonable period to the spouse with whom any children reside most of the time.

C. Separate vs. marital property

In Colorado, the property is classified as either separate or marital property. Separate property includes assets acquired by either spouse before the marriage and gifts or inheritances received by one spouse during the marriage. Separate property typically remains with the original owner and is not subject to division during a divorce. However, any increase in the value of the separate property during the marriage or income generated by separate property may be considered marital property and subject to division.

Marital property, on the other hand, consists of all assets acquired by either spouse during the marriage, regardless of whose name is on the title or whose spouse earned the income used to purchase the assets. Marital property is subject to equitable distribution during a divorce. Spouses must identify and accurately value their separate and marital property to ensure a fair and equitable division of assets.

Spousal Support (Alimony)

A. Equitable distribution

In Colorado, the division of property in a divorce follows the principle of equitable distribution, as outlined in the Colorado Revised Statutes, Title 14 – Domestic Matters, Article 10 – Uniform Dissolution of Marriage Act (C.R.S. § 14-10-113). This means that the court will divide the couple’s marital property in a manner that it deems fair and just, considering various factors specific to the case. It is important to note that equitable distribution does not necessarily mean an equal 50-50 split; instead, it is a distribution the court believes is equitable under the circumstances.

B. Factors considered by the court

When determining equitable property division, the court will consider several factors, as outlined in C.R.S. § 14-10-113(1). These factors may include, but are not limited to:

  1. The contribution of each spouse to the acquisition of the marital property, including the contribution of a spouse as a homemaker;
  2. The value of the property set apart for each spouse;
  3. The economic circumstances of each spouse at the time of property division;
  4. Any increase or decrease in the value of the separate property during the marriage or the depletion of separate property for marital purposes;
  5. The desirability of awarding the family home or the right to live in the family home for a reasonable period to the spouse with whom any children reside most of the time.

C. Separate vs. marital property

In Colorado, the property is classified as either separate or marital property. Separate property includes assets acquired by either spouse before the marriage and gifts or inheritances received by one spouse during the marriage. Separate property typically remains with the original owner and is not subject to division during a divorce. However, any increase in the value of the separate property during the marriage or income generated by separate property may be considered marital property and subject to division.

Marital property, on the other hand, consists of all assets acquired by either spouse during the marriage, regardless of whose name is on the title or whose spouse earned the income used to purchase the assets. Marital property is subject to equitable distribution during a divorce. Spouses must identify and accurately value their separate and marital property to ensure a fair and equitable division of assets.

Child Custody and Visitation

A. Legal and physical custody

In Colorado, child custody is divided into two categories: legal custody and physical custody. Legal custody refers to the authority to make significant decisions on behalf of the child, such as education, healthcare, and religious upbringing. Physical custody pertains to the child’s living arrangements and the time spent with each parent. As per the Colorado Revised Statutes, Title 14 – Domestic Matters, Article 10 – Uniform Dissolution of Marriage Act (C.R.S. § 14-10-123.7), the state encourages parents to share both legal and physical custody, ensuring that both parents remain actively involved in their child’s life unless such an arrangement is deemed detrimental to the child’s best interests.

B. Best interests of the child’s standard

Colorado courts use the “best interests of the child” standard when determining child custody arrangements, as outlined in C.R.S. § 14-10-124. This standard takes into account various factors that impact the child’s well-being, such as:

  1. The wishes of the parents;
  2. The child’s wishes, if they are old enough to express a preference;
  3. The child’s relationship with each parent, siblings, and other significant individuals;
  4. The child’s adjustment to their home, school, and community;
  5. The mental and physical health of all parties involved;
  6. The ability of each parent to encourage a positive relationship between the child and the other parent;
  7. The distance between the parents’ residences impacts the child’s schedule.

C. Parenting plans and parenting time schedules

In Colorado, divorcing parents must submit a Parenting Plan (Form JDF 1113) to the court, detailing the proposed custody arrangements and parenting time schedules. The parenting plan should address issues such as decision-making responsibilities, the division of parenting time, holiday schedules, and transportation arrangements. If the parents cannot agree on a parenting plan, the court will create a plan based on the child’s best interests.

D. Child support calculations

In Colorado, child support is calculated using the Income Shares Model, which takes into account both parents’ incomes, the number of children, and the parenting time arrangement. The formula is outlined in the Colorado Revised Statutes, Title 14 – Domestic Matters, Article 10 – Uniform Dissolution of Marriage Act (C.R.S. § 14-10-115), and the Colorado Child Support Guidelines.

Here’s a general overview of the steps involved in calculating child support in Colorado:

Step 1 : Determine each parent’s monthly gross income:

This includes wages, salaries, bonuses, commissions, and other sources of income. If a parent is unemployed or underemployed, the court may impose income based on their potential earning capacity.

Suppose two parents, Parent A, and Parent B, have one child together. Parent A earns $4,000 per month in gross income, while Parent B earns $6,000 per month.

Step 2 : Combine the parents’ monthly gross incomes:

Add both parents’ monthly gross incomes to calculate the combined monthly gross income.

In the above example, Combined Monthly Gross Income: $4,000 + $6,000 = $10,000

Step 3 : Find the basic child support obligation:

Use the Colorado Child Support Guidelines chart to find the basic child support obligation based on the combined monthly gross income and the number of children. The chart can be found in the Colorado Child Support Guidelines Worksheet (Form JDF 1821).

In the above example, the basic child support obligation for one child with a combined monthly gross income of $10,000 is $1,297.

Step 4 : Calculate each parent’s share of the basic child support obligation:

Divide each parent’s monthly gross income by the combined monthly gross income. Multiply the resulting percentage by the basic child support obligation to determine each parent’s share of the obligation.

Parent A’s share: ($4,000 / $10,000) * $1,297 = $519.60

Parent B’s share: ($6,000 / $10,000) * $1,297 = $777.40

Step 5 : Adjust for parenting time:

In situations with shared physical custody, adjustments to the child support obligation may be made based on the amount of parenting time each parent has.

Assume Parent A has the child 30% of the time, and Parent B has the child 70% of the time. In this case, no adjustment for parenting time is needed as the court may not make any adjustment if one parent has less than 50% of the parenting time. If both parents have equal parenting time, adjustments could be made accordingly.

Step 6 : Account for additional expenses:

Consider costs such as health insurance premiums, childcare expenses, and extraordinary expenses related to the child’s education, healthcare, or special needs. Allocate these expenses between the parents proportionally based on their share of the combined monthly gross income.

Let’s say the child’s health insurance premium is $200 per month, and the childcare expense is $600 per month.

Allocation of health insurance premium: 

Parent A: ($4,000 / $10,000) * $200 = $80
Parent B: ($6,000 / $10,000) * $200 = $120

Allocation of childcare expenses:

Parent A: ($4,000 / $10,000) * $600 = $240
Parent B: ($6,000 / $10,000) * $600 = $360

Step 7 : Calculate the final child support amount:

After considering each parent’s share of the basic child support obligation and accounting for additional expenses, the court will determine the final child support amount to be paid by the non-custodial parent to the custodial parent.

Assume Parent B is the non-custodial parent. To calculate the final child support amount, subtract Parent A’s share of additional expenses from Parent B’s share of the basic child support obligation and additional expenses.

Parent B’s final child support payment: $777.40 (basic child support) + $120 (health insurance) + $360 (childcare) – $80 (Parent A’s share of health insurance) – $240 (Parent A’s share of childcare) = $937.40

In this example, Parent B would pay Parent A $937.40 per month in child support.

 

The Colorado Divorce Process

A. Contested vs. an uncontested divorce

In Colorado, divorces can be classified as either contested or uncontested. A contested divorce occurs when the spouses cannot agree on one or more critical issues, such as property division, spousal support, child custody, or parenting time. In an uncontested divorce, the spouses have reached an agreement on all relevant issues, and their agreement is submitted to the court for approval. Uncontested divorces are generally quicker and less expensive than contested ones, as they do not require extensive court intervention or a trial.

B. Mediation and alternative dispute resolution

When spouses cannot reach an agreement on their own, mediation and other forms of alternative dispute resolution (ADR) can be helpful in resolving disputes outside of the courtroom. Mediation is a voluntary, confidential process in which a neutral third party (the mediator) assists the spouses in reaching a mutually agreeable resolution on the contested issues. According to the Colorado Revised Statutes, Title 14 – Domestic Matters, Article 10 – Uniform Dissolution of Marriage Act (C.R.S. § 14-10-128.5), the court may order the parties to attend mediation in an effort to resolve their disagreements.

Other forms of ADR, such as collaborative law and arbitration, may also be utilized in divorce cases. These methods can provide a more cost-effective, efficient, and amicable resolution to the divorce, reducing the need for lengthy and contentious court proceedings.

C. Court proceedings and trial

If the spouses cannot reach an agreement through negotiation or mediation, the case may proceed to court for a trial. The divorce process typically involves several stages, including filing the initial petition, exchanging financial disclosures, the discovery process, and pre-trial motions. While the divorce is pending, the court may also issue temporary orders to address urgent issues, such as child custody or support.

During the trial, each party presents evidence and testimony to support their position on the contested issues. The court will then decide on these issues based on the evidence presented and the applicable law, as outlined in the Colorado Revised Statutes, Title 14 – Domestic Matters, Article 10 – Uniform Dissolution of Marriage Act. Once the court has decided, it will issue a decree of dissolution of marriage, which formally terminates the marital relationship and resolves all outstanding issues.

 

Forms Needed To File Divorce In Colorado (Free Download)

Divorce Papers Required in Divorce without Children Cases

Form JDF 1000 – Case Information Sheet

This form is used in Colorado divorce proceedings to provide essential details about both parties, such as names, addresses, and contact information. —> Download Now

Form JDF 1101 – Petition for Divorce

This is a legal document initiating the divorce process by outlining the petitioner’s requests and reasons for seeking a dissolution of marriage, including information on children, assets, and debts. It is filed with the court to formally request a divorce. —> Download Now

 

Form JDF 1102 Summons for Dissolution of Marriage (not needed if signing the petition together)

This form is to notify the non-filing spouse (respondent) of the divorce action and their legal rights. This form is not needed if both spouses are filing the petition together, as both parties are already aware of the proceedings. —> Download Now

Form JDF 1111 – Sworn Financial Statement

This is a required document where both parties disclose their financial situation, including income, expenses, assets, and debts. This information is used by the court to make decisions about division of property, child support, and spousal maintenance. —> Download Now

 

Form JDF 1104 – Certificate of Compliance

This is a document to confirm that both parties have exchanged their mandatory financial disclosures, which include the Sworn Financial Statement (JDF 1111) and supporting documents. This form ensures transparency and fairness in the process. —> Download Now

 

Form JDF 1115 – Property and Financial Agreement (Separation Agreement)

This is a document for spouses to mutually outline the division of their assets, debts, and property, as well as address issues like spousal maintenance. This agreement helps expedite the divorce process by resolving financial matters amicably. —> Download Now

Form JDF 1117 – Support Order

This form is to establish the court-ordered financial obligations of one spouse towards the other, such as child support or spousal maintenance. It outlines the payment amounts, frequency, and duration, ensuring the financial well-being of the supported party. —> Download Now

 

Form JDF 1201 – Affidavit for Decree without Appearance of Parties

This is a document allowing the parties to request a divorce decree without attending a court hearing. Both spouses sign the affidavit, confirming their agreement on all terms of the divorce, such as property division and child custody. —> Download Now

 

Form  JDF 1116 – Decree

This is the final legal document issued by a Colorado court that officially dissolves a marriage or grants a legal separation. It outlines the terms and conditions of the divorce or separation, including division of assets, custody, and support arrangements. —> Download Now

Divorce Papers Required in Divorce with Children Cases

 

Form JDF 1000 – Case Information Sheet

This form is used in Colorado divorce proceedings to provide essential details about both parties, such as names, addresses, and contact information. —> Download Now

Form JDF 1101 – Petition for Divorce

This is a legal document initiating the divorce process by outlining the petitioner’s requests and reasons for seeking a dissolution of marriage, including information on children, assets, and debts. It is filed with the court to formally request a divorce. —> Download Now

 

Form JDF 1102 Summons for Dissolution of Marriage (not needed if signing the petition together)

This form is to notify the non-filing spouse (respondent) of the divorce action and their legal rights. This form is not needed if both spouses are filing the petition together, as both parties are already aware of the proceedings. —> Download Now

 

Form JDF 1111 – Sworn Financial Statement

This is a required document where both parties disclose their financial situation, including income, expenses, assets, and debts. This information is used by the court to make decisions about division of property, child support, and spousal maintenance. —> Download Now

 

Form JDF 1104 – Certificate of Compliance

This is a document to confirm that both parties have exchanged their mandatory financial disclosures, which include the Sworn Financial Statement (JDF 1111) and supporting documents. This form ensures transparency and fairness in the process. —> Download Now

 

Form JDF 1115 – Property and Financial Agreement (Separation Agreement)

This is a document for spouses to mutually outline the division of their assets, debts, and property, as well as address issues like spousal maintenance. This agreement helps expedite the divorce process by resolving financial matters amicably. —> Download Now

 

Form JDF 1113 – Parenting Plan

This is a document used in divorce cases involving minor children, where both parents outline agreements regarding child custody, visitation schedules, decision-making responsibilities, and other parenting arrangements. It aims to provide a stable and supportive environment for the children after the divorce. —> Download Now

 

Form JDF 1117 – Support Order

This form is to establish the court-ordered financial obligations of one spouse towards the other, such as child support or spousal maintenance. It outlines the payment amounts, frequency, and duration, ensuring the financial well-being of the supported party. —> Download Now

 

Form  JDF 1116 – Decree

This is the final legal document issued by a Colorado court that officially dissolves a marriage or grants a legal separation. It outlines the terms and conditions of the divorce or separation, including division of assets, custody, and support arrangements. —> Download Now

 

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About Instant Online Divorce

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  • Can I modify an existing child support order in Colorado?

    In Colorado, modifying an existing child support order under certain circumstances is possible. According to the Colorado Revised Statutes, Title 14 – Domestic Matters, Article 10 – Uniform Dissolution of Marriage Act (C.R.S. § 14-10-122), a child support order may be subject to modification when there has been a substantial and continuing change in the financial circumstances of either parent or the needs of the child.

    A substantial and continuing change typically means that the adjusted child support amount calculated using the Colorado Child Support Guidelines would result in at least a 10% difference (increase or decrease) from the current child support order. Examples of changes in financial circumstances include:

    • A significant increase or decrease in either parent’s income.
    • A change in the child’s health insurance coverage.
    • Changes in the child’s daycare or educational expenses.

    To request a child support order modification, the parent seeking the modification must file a motion with the court that issued the original order. The motion should detail the reasons for the modification and provide evidence supporting the claim of a substantial and continuing change in circumstances. Both parents can present their cases to the court through written documentation or at a hearing, depending on the court’s procedures.

    It is important to note that child support modifications are not automatic, and the court has discretion in deciding whether to grant or deny the request. The court will consider the best interests of the child, the financial circumstances of both parents and any other relevant factors when making its determination.

    If you are considering seeking a modification to an existing child support order in Colorado, it is advisable to consult with an experienced family law attorney. They can help you navigate the legal process, ensure that your motion complies with the applicable law and court rules, and guide you on the best course of action for your specific circumstances.

  • How long does it take to get a divorce in Colorado?

    The duration of the divorce process in Colorado varies depending on the unique circumstances of each case. However, specific statutory requirements and procedural steps can provide a general timeline idea. 

    Mandatory Waiting Period: Colorado law requires a mandatory waiting period of 91 days (approximately three months) from the date the divorce petition is filed. The responding party is served or acknowledges service before the court can finalize a divorce. This waiting period applies to all divorces, regardless of whether they are contested or uncontested.

    Uncontested Divorce: An uncontested divorce occurs when both spouses agree on all issues, such as property division, child custody, and spousal support. In an uncontested divorce, the process may take around three to four months, assuming that the mandatory waiting period has been satisfied and there are no complications or delays in filing paperwork or obtaining court approval.

    Contested Divorce: A contested divorce arises when the spouses cannot agree on one or more issues, necessitating the court’s involvement in resolving disputes. Contested divorces typically take longer than uncontested divorces. The process may last anywhere from several months to over a year, depending on the complexity of the issues and the court’s schedule.

    Factors Influencing the Divorce Timeline:

    1. The complexity of the case: The more complex the issues involved, such as the division of significant assets, business valuations, or disputes over child custody, the longer the divorce process may take.
    2. Court schedule: The court’s schedule and availability can impact the duration of the divorce process, as hearings or trials may be delayed due to the court’s workload.
    3. Mediation or alternative dispute resolution: If the parties choose to engage in mediation or other forms of alternative dispute resolution to resolve their disputes, the duration of the divorce process may be extended, depending on the progress made in these negotiations.

  • How is the duration of spousal support determined in Colorado? explain as an attorney

    The duration of spousal support, also known as alimony or maintenance, is determined by considering several factors outlined in the Colorado Revised Statutes, Title 14 – Domestic Matters, Article 10 – Uniform Dissolution of Marriage Act (C.R.S. § 14-10-114). The length of the marriage is the primary factor that influences the duration of spousal support.

    Under Colorado law, the court has discretion in awarding spousal support, and there are no strict rules for determining its duration. However, there are general guidelines that the court may follow for marriages lasting three years or longer. The guidelines suggest that spousal support may be awarded for a duration equivalent to approximately one-third of the length of the marriage. For instance, if a marriage lasted 12 years, spousal support could be awarded for about four years. However, these guidelines are not binding, and the court may deviate from them based on the specific circumstances of each case.

    In determining the appropriate duration of spousal support, the court will consider a variety of factors, such as:

    1. The financial resources of both parties, including their ability to meet their needs independently.
    2. The age and health of the parties.
    3. The standard of living is established during the marriage.
    4. The earning capacity of each spouse, including their education, skills, and employment history.
    5. The duration of the marriage.
    6. The ability of the spouse seeking support to become self-sufficient within a reasonable period.
    7. Any other factors that the court deems equitable.

    It is important to note that the court may award temporary spousal support during the pendency of the divorce proceeding and permanent or long-term spousal support after the divorce is finalized. Additionally, the court may award spousal support in the form of a lump-sum payment or periodic payments, depending on the circumstances of the case.

    Given the complexity and variability of spousal support determinations, consulting with an experienced family law attorney in Colorado is advisable. They can help you understand your rights and responsibilities related to spousal support and provide guidance on how the court may view your situation.

  • How to get a divorce without a lawyer in colorado

    If you choose to proceed without an attorney, you will be considered a “pro se” litigant, meaning that you will be representing yourself in the divorce process. Here are the general steps to obtain a divorce without a lawyer in Colorado:

    1. Determine if you meet the residency requirements: To file for divorce in Colorado, you or your spouse must have been a state resident for at least 91 days before filing.
    2. Obtain and complete the necessary forms: Colorado provides various divorce forms depending on your situation (with or without children, for example). The required forms are found on the Colorado Judicial Branch website or at your local courthouse. Make sure to complete the forms accurately and thoroughly, as any errors or omissions can lead to delays in the divorce process.
    3. File the divorce petition: File the completed divorce petition and any other required forms at the district court in the county where you or your spouse resides. You must pay a filing fee, which varies depending on the county. Fee waiver options may be available for those who cannot afford the filing fee.
    4. Serve your spouse: Once you have filed the divorce petition, you must serve your spouse with the divorce papers, following Colorado’s service of process rules. This typically involves having a third party, such as a sheriff or private process server, deliver the documents to your spouse. If your spouse agrees to the divorce and is willing to sign a waiver of service, you may not need to serve them formally.
    5. Mandatory waiting period: There is a 91-day waiting period from when your spouse is served or acknowledges service before the court can finalize the divorce.
    6. Complete additional paperwork: Depending on your situation, you may need to complete additional forms and provide information related to property division, child custody, and support issues.
    7. Attend required hearings or mediation: If you and your spouse cannot agree on all issues, you may be required to attend mediation or court hearings to resolve disputes.
    8. Finalize the divorce: Once all issues have been resolved and the mandatory waiting period has passed, the court will issue a Decree of Dissolution, which finalizes the divorce.

  • How do you get a divorce in Colorado when you don’t know where your spouse is?

    If you want to file for divorce in Colorado but do not know the whereabouts of your spouse, you can still proceed with the divorce process by obtaining what is known as a divorce by publication. This process involves providing notice to your spouse through public announcement rather than personal service. Here are the steps to follow:

    1. File the divorce petition: Prepare and file the necessary forms with the district court in your county. You must include information about your marriage, grounds for divorce, and any requests for property division, child custody, or support.
    2. Attempt to locate your spouse: You must make a diligent effort to locate your spouse before you can proceed with a divorce by publication. This may include contacting friends, relatives, or employers, searching online, or using other resources to find your spouse’s current address.
    3. Submit an affidavit: If your attempts to locate your spouse are unsuccessful, you must complete an Affidavit for Citation by Publication and Mailing. This document outlines your efforts to locate your spouse and explains why personal service is impossible.
    4. Request permission for divorce by publication: Submit the affidavit to the court and request permission to serve your spouse by publication. If satisfied with your efforts to locate your spouse, the court will review the affidavit and grant permission to serve by publication.
    5. Publish the notice: Once the court grants permission, you will need to publish a notice of the divorce action in a newspaper of general circulation in the county where your spouse was last known to reside. The notice must be published once a week for four consecutive weeks. Consult the court for specific requirements on the content and format of the notice.
    6. File proof of publication: After the notice has been published, the newspaper will provide you with an affidavit or proof of publication. You must file this document with the court to show that you have complied with the publication requirements.
    7. Wait for a response: After the final publication, your spouse has a specified time to respond to the notice (usually 21 days). If your spouse does not respond within the allotted time, you can proceed with the divorce as an uncontested case.
    8. Finalize the divorce: If the court is satisfied with the publication process and other documentation, it may grant a divorce by default. The court may issue orders regarding property division, child custody, or support as appropriate based on the available information.

     

  • Do I have to go to the court to get the Divorce in Colorado?

    Court appearance will depend on the state you file your petition. Some state will require you to submit all the documents and forms without the need of setting foot in the court house and there are some states that require a court appearance before the Judge before a divorce decree is finalized. No matter from which of these states you file, settling and resolving your differences before filing your petition will play a big role.

  • How long after a divorce can you remarry in colorado

    Colorado has no mandatory waiting period after a divorce is finalized before you can remarry. Once the court issues a Decree of Dissolution, your divorce is considered final, and you are legally free to remarry at any time.

    However, ensuring that you have a certified copy of the Decree of Dissolution before planning a new marriage is essential. The certified copy proves that your previous marriage has been legally terminated. You may need to present this document when applying for a marriage license or dealing with other legal matters related to your new marriage.

  • How much does a divorce lawyer cost in colorado

    The cost of hiring a divorce lawyer in Colorado can vary significantly based on factors such as the complexity of the case, the attorney’s experience, and the local market. Here is a general overview of the costs you may encounter when hiring a divorce lawyer in Colorado:

    1. Hourly rates: Most divorce attorneys in Colorado charge an hourly rate for their services. The hourly rate can range from $150 to $450, depending on the attorney’s experience, reputation, and geographic location. The hourly rate may be higher in more complex cases or those involving high net-worth individuals.
    2. Retainer fees: Many divorce attorneys require an upfront retainer fee, a sum of money paid in advance to secure the attorney’s services. The retainer fee may range from $2,000 to $10,000 or more, depending on the complexity of the case and the attorney’s hourly rate. As the attorney works on your case, they will bill their hourly rate against the retainer amount. Once the retainer is exhausted, you may be required to replenish it or make additional payments.
    3. Flat fees: In some instances, an attorney may charge a flat fee for their services, particularly for uncontested divorces or simple cases. Flat fees can range from $1,000 to $5,000 or more, depending on the specific services provided and the case’s complexity.
    4. Court costs and other expenses: In addition to attorney fees, you will be responsible for court filing fees and additional costs associated with your divorce. You may also incur costs for document preparation, process server fees, expert witness fees, or other expenses related to your case.
    5. Mediation or alternative dispute resolution: If you and your spouse choose to engage in mediation or another form of alternative dispute resolution to settle your disputes, you may incur additional fees for the mediator’s services.

    These figures are only general estimates and that the cost of hiring a divorce lawyer in Colorado will depend on the specific circumstances of your case. 

  • How to serve divorce papers in Colorado to the other party?

    In order to serve the divorce papers in Colorado, you can hire a professional process server or have a friend or family member serve the divorce papers in Colorado. But you cannot serve the papers to your ex yourself.

    a. Certified Mail, return receipt requested – Serving divorce papers by certified mail require that your spouse sign a paper that is attached to the envelope when they receive the petition which must be signed and returned.
    b. Personal Service – The constable, sheriff, or professional process server will deliver the court papers to your spouse who must complete a return of service that says when, where and how they were served.
    c. Service by publication – When all the other method fails, service by publication will be permitted by the court. This involves publicizing the divorce petition in a newspaper where your spouse is expected to be living for an adequate length of time. You will have to return a copy of the newspaper notice, with a declaration for how long the notice ran, to the court for proof of service.

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