Making the decision to end your marriage is incredibly difficult and can often come with uncertainty and intense emotions. Luckily, you don’t have to go through the process alone.
Understanding how to file for divorce in Colorado and hiring an experienced divorce attorney to guide you through the process can give you the knowledge, support, and confidence you need to successfully navigate this next part of your life.
Filing for Divorce in Colorado: The Basic Steps
In 2023, the divorce rate in Colorado was 2.8 per 1,000, and the marriage rate was 7.8 per 1,000. While every Colorado divorce is unique to the couple going through it, most residents will follow the same general steps when filing for divorce and going through the separation process. These steps include:
- Verify That You Meet Colorado’s Residency Requirements
To file for divorce in Colorado, at least one spouse must have been a resident of Colorado for at least 91 days. This residency requirement applies regardless of where the couple got married. If you have children, the court will also usually require that the children have lived in Colorado for at least six months before it makes decisions about parenting issues. - Determine If the Divorce is Contested or Uncontested
Colorado is a no-fault divorce state. This means that neither spouse is required to prove wrongdoing in order to obtain a divorce. The uncontested forms simply require each spouse to state that the marriage is “irretrievably broken.” Before you begin the formal filing process, it’s important to try to determine if you and your spouse are in agreement about most of the major issues, such as:- Property and debt division
- Parenting time and decision-making
- Child support
- Spousal maintenance (alimony)
If the above matters are, for the most part, already agreed upon by both spouses through cooperation, the case will be uncontested and can be settled quickly. If you and your spouse do not agree on one or more of these important issues, the divorce is considered contested and may require one or more hearings, mediation sessions, and/or court intervention to resolve the conflict.
- Complete All Legal Forms
The Colorado Judicial Branch offers standard forms that are used for filing divorce cases. There are different documents that you need to complete based on whether you are filing a divorce with or without children. You will need to file your divorce case in the district court of the county where you or your spouse resides. - Serve Your Spouse
Colorado divorce law requires official service of process, which can be arranged through a process server, a sheriff’s deputy, or via a signed waiver if the other spouse is willing to voluntarily accept the papers. You cannot serve your spouse with divorce papers yourself.The other spouse is required to have notice of the divorce, and service must be accomplished using the proper method and within a certain period of time. If the service is not completed properly or in a timely manner, the case cannot move forward until the mistake is corrected. - Hire a Divorce Lawyer
It’s important to hire a divorce lawyer in Colorado who can help you understand the process and protect your rights along the way. Disagreements on any major issue can complicate your case, as can divorce cases with substantial assets or debts and/or children, and a lawyer can advise you of your rights and responsibilities, help you prepare the necessary financial disclosures, and represent you at mediation or negotiation sessions. - Attend Mediation and Other Hearings
Sometimes, spouses who have children are required by the court to attend a mediation session to work out a parenting plan and financial matters. Mediation is a chance for both spouses to work out an agreement in the presence of a neutral third party who is trained to help people resolve conflicts.In some cases, the court may set a hearing early on in the case for the purpose of entering temporary orders. A temporary orders hearing is held in the courtroom in front of a judge and may address issues such as temporary child support, who lives in the marital home, or temporary parenting arrangements. - Divorce Settlement Is Reached
Once all of the above matters have been addressed and a legal plan is made for each spouse moving forward, your local Colorado court will create a final divorce decree.
FAQs
What Is the First Step in Filing for Divorce in Colorado?
The first step in initiating a divorce in Colorado is to file the required initial forms with the district court, including the Petition for Dissolution of Marriage. The forms may be filed jointly by both spouses, if they are in agreement, or individually by one spouse. In addition, you must meet the state’s residency requirement, which requires that at least one spouse has lived in Colorado for 91 days prior to filing for divorce.
How Much Does It Cost to File for Divorce in Colorado?
The court filing fee in Colorado is usually a few hundred dollars, but it can vary by county and also changes periodically. There are also other costs, such as service of process, mediation, document preparation, and attorney fees. The initial court filing cost can sometimes be reduced or waived by a fee waiver for those who qualify. You should consult a divorce lawyer to learn more about potential filing fees in Colorado.
How Long Do You Have to Be Separated in Colorado Before a Divorce?
Colorado does not mandate that spouses be physically separated prior to filing for divorce. Colorado is a no-fault state, so the only requirement for divorce is that the marriage is irretrievably broken. However, Colorado does have a mandatory 91-day waiting period that must elapse after the petition is filed and served before the divorce is final, even if both parties fully agree.
How Long Does a Divorce Take in Colorado?
The shortest amount of time in which a divorce can be final in Colorado is 91 days from the date the petition is filed and served. However, the actual time most cases take is much longer. The length of time it takes your case to settle depends on whether the divorce is contested, how soon spouses can agree to parenting time and property division, and how busy the court is. Cases that have complex issues or are highly disputed may take several months to settle.
Contact Fuller & Ahern, P.C.
If you are going through a divorce in Colorado, Fuller & Ahern, P.C. can help you through the process and ensure that your rights and interests are protected. Contact us today to get started.
Call us today at 303-840-1190 to get expert advice and safeguard your investments.
