Also, make copies of all of your documents before you file. You will want at least two copies along with the original — one to give to the court and one to serve to your spouse. If you and your spouse cannot afford to pay the filing fees, you may request a waiver when you file.
After you file your forms with the court, you must also provide your spouse with those forms so that they can have a chance to respond. You cannot serve the papers on your spouse by yourself. The family member or a friend must be at least 18 years old. The person serving the forms must document the event by completing proof of service forms that state where and when the service took place.
That form must then be filed with the court as evidence that service was completed. Papers may be served wherever your spouse can be found, including his or her home, place of work, or even in a public setting such as a gas station or on the street. This means you will publish a notice in a local paper for a specified amount of time.
As proof of service, you will need to provide a copy of the published notice to the courts along with a statement of how long the notice ran. You can visit the Colorado Judicial Branch website, which offers all divorce papers and forms, along with instructions on how to fill out these documents. You can complete these forms at your convenience, but to actually file a divorce, you will need to go to your local county clerk in your district to file the papers in person. In Colorado, you have the option for filing for divorce on your own without using a lawyer.
This works best when you and your spouse agree on all issues and you have a simple financial situation. The packet includes all the basic pleadings along with instructions on how to proceed. You can also download free forms through the Colorado state judicial website. If you file additional motions or requests with the courts you will be charged additional fees as well.
You will also need to pay some sort of a retainer up front to start the process. There is a day waiting period before a divorce decree can be entered after papers have been served on a spouse. If either spouse contests the divorce, claiming that the marriage is not irretrievably broken, then the courts may continue to case for up to another 60 days. In contested divorces, especially those where there are many debts or assets to unwind, or if there are major child custody challenges to negotiate, a divorce may take as long as one to two years to complete.
When you have a large amount of assets, hiring a Certified Divorce Financial Analyst to assist you may be the best course of action to determine fair market value and which spouse should get a particular asset. You must live in Colorado for at least 90 days before you are eligible to divorce. If you are going through a financially complicated divorce, you may need someone who can assist you with an accurate and objective analysis of the financial and tax implications of your decisions.
This will help you make the right decisions now when it comes to reaching a settlement with your spouse. While some people with simple situations may only need a family law attorney to help them with this process, many others will benefit from working with a Certified Divorce Financial Analyst CDFA , and preferably someone who is also a Certified Financial Planner CFP.
Divorce is complicated enough without trying to reach critical decisions when you may not understand all the consequences of your actions. To help you better understand the benefits of working with a divorce financial specialist, take a look at our article What is a Certified Divorce Financial Analyst? Bifurcation means that both parties in a divorce can legally declared as a single person while the other issues in their divorce are still being worked out.
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It does not affect things such as child custody, visitation, child support, alimony or other contentious issues that may have stalled or become major sticking points that are keeping the divorce from being finalized. Bifurcation can be granted in some instances in Colorado, but courts are generally not in favor of doing so because it adds to the judicial workload when problems with a divorce remain.
If both of you decide only part way through a divorce that you want to stop or cancel a divorce, you can file a request for a dismissal if you are the one who petitioned for the divorce. If your spouse filed a counter-petition, they may also need to file a voluntary dismissal form as well. It details the rights and responsibilities of each party, including financial responsibilities and a division of assets. A decree is a legally binding document, and if either party does not meet the requirements and obligations set forth in the document, the other party can take legal action to correct any deficiencies.
To obtain an original copy of a divorce decree in Colorado, contact the county district court that issued the document. After a final divorce decree is granted, it is possible to get a verification of a dissolution of the marriage. Unlike a divorce decree, a certified verification only shows minimal information, such as the names of both spouses and the date and place a divorce was granted.
It can provide proof of divorce for many legal purposes such as when a person wants to change the name on any state-issued documents, or as proof that the person legally has the right to get married again. Jason Crowley is a divorce financial strategist, personal finance expert, and entrepreneur. A leading authority in divorce finance, Jason has been featured in the Wall Street Journal, Forbes, and other media outlets.
You can email him at jason survivedivorce. Please leave this field empty. State Overview State Resources. The differences between divorce, annulment and legal separation What are the grounds for divorce in Colorado? What kind of divorce is right for you The process of filing for divorce in Colorado How to complete proof of service Filing for a divorce online Filing for divorce in Colorado without using a lawyer How much does a divorce cost?
How long does it take to get a divorce in Colorado?
Should I retain the services of a certified divorce financial analyst? Bifurcation of marital status in Colorado Can I cancel, refuse, contest, stop or reverse a divorce in Colorado? What is a divorce decree? What is proof of divorce? The differences between divorce, annulment and legal separation Married couples can end their marriages in Colorado either by a divorce or annulment.
What are the grounds for divorce in Colorado? Understanding what your divorce options are Understanding the different divorce process options is a critical first step in moving forward. Give your spouse notice of the Initial Status Conference at least 14 days before the date of the Initial Status Conference. Check with the court about how to give notice. By doing this, you will still be able to move forward with your divorce case even if your spouse does not show up to the Initial Status Conference.
You must go to the initial status conference even if your spouse has not yet been served. By law, the Initial Status Conference must happen within 42 days of the filing of your case. The Family Court Facilitator will help you understand what you need to do during your case and will answer your questions.
How Much Does Divorce Cost in Colorado?
He or she will also give you instructions about the next steps in your case, but cannot give you legal advice. You should file your divorce case with the district court in the county where you live or where your spouse lives. To find your district court, click on Courts by County.
You will be known as the Petitioner and your spouse will be known as the Co-Petitioner.
Divorce in Colorado: Your Guide To Divorce Process in CO | Worthy
Both you and your spouse must sign the Petition. You do not need to do this at the same time.
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Give the forms to the clerk to file your case. You will be known as the Petitioner and your spouse will be known as the Respondent.
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You can find a local notary public by looking in the Yellow Pages, on the internet, or by going to your local bank. The process of having these forms delivered to your spouse is known as personal service. Refer to the step-by-step instructions on how to arrange for personal service on your spouse and how to return proof of service to the court. After you file your case, the clerk will likely give you a Case Management Order. Refer to the complete list of forms if the court orders you to complete any forms that are not listed above.
How Much Does Divorce Cost in Colorado?
STEP 1- Decide which enforcement option you want to use. There is no filing fee to file this form. Here are some helpful tips for filing out these forms:. For example, if you were the Petitioner in the original case, you will be the "Petitioner" on these forms. Refer to the step-by-step instructions on how to arrange for personal service and how to return proof of service to the court. Option 1 : File a Motion with the court to enforce the parenting time order.
Here are some helpful tips for filing out the forms:. For example, if you were the Petitioner in the original case, you will be the Petitioner on these forms. You must sign this form in front of a notary public or court clerk. The court will fill out the rest of this form. You will file your completed forms with the same court that gave you the original order related to the property.