Wondering how to get a divorce in Colorado?
Getting divorced is never easy. Messy custody disputes, bitter child support negotiations, and many other issues tend to arise.
However, when you add long-distance complications and a move to a new state, these issues become even more complicated.
Moving to a new state during your divorce is much different than if you were getting divorced and moving to the same state afterward. It’s confusing, stressful, and often expensive.
Here’s a quick guide to help you understand how to get a divorce in Colorado.
Meet Colorado’s Residency Requirements for Divorce
To file a divorce in Colorado, you must meet the state’s residency requirements for divorce. This means that you must be a resident of Colorado for at least ninety days before you file the divorce petition.
You must reside either in the county, you plan to file in or in the county where the other party resides. If you are military personnel, you may file in the state where you are stationed even if you do not live there.
However, if you plan to contest the divorce, you must comply with Colorado’s residency requirements for the court to hold jurisdictional authority. Once you have established residency, you must meet several additional requirements in order to receive a divorce.
Getting and Preparing Colorado’s Divorce Forms
These forms are available online from both the state and county websites. Additionally, many legal aid centers provide copies of the documents.
Once you have gathered all of the forms, you must provide accurate and complete information. This includes both name and address and more specific information, such as the date of marriage, date of separation, and any child custody agreements, etc.
Once the forms are all signed, take them to the county clerk’s office and pay the filing fee. The county clerk will then fill out all of the paperwork properly, file it with the court, and forward a copy to the other party.
File a Paperwork With the Court
Getting a Colorado divorce starts with filing paperwork with the court. In order to do this, the couple must agree to end their marriage, and then the party seeking the divorce must fill out the “Petition for Dissolution of Marriage” form.
It is important to ensure that the form is accurately filled out and signed by both parties. If both spouses agree to the divorce, both parties must submit the paperwork to the court.
Each party must submit their own copy of the paperwork. Provide the court with the correct details, such as the county of residence and the names of the partners.
Finally, after the paperwork is submitted, the court will provide each partner with copies of the papers.
Colorado’s Requirements for Serving and Responding to Divorce Papers
In Colorado, the process to get a divorce starts with either spouse serving the other with a Supersedeas Affidavit, a Summons and Petition for Dissolution of Marriage, and a copy of the Financial Disclosure Form. The served party must then respond to the divorce paperwork within twenty days of being served.
If the served party fails to do so, they will have defaulted. This will allow the spouse who served the divorce paperwork to enter judgments on the case.
If the served spouse responds within the period, they must enter an Appearance and plead either Affirmative Defense or Counterclaims. Finally, either spouse may request that the court enter an order setting a deadline for mediation or other mandatory hearings if the spouses cannot agree on issues related to the divorce.
Hire a Divorce Lawyer
Hiring a qualified divorce lawyer is always beneficial to have someone on your side. They could help you understand the process of a divorce and legal issues.
The attorney will make sure that the process is done correctly and legally. They will provide you with the advice and guidance you need so that the divorce is settled fairly and equitably for all parties involved.
They will also help you navigate your assets, debts, and other financial matters to ensure that all your assets are protected. They will also help you with custody arrangements, spousal support, and any other pertinent issues that may arise during the divorce process.
Attend Hearing
Once the divorce documents have been signed by both parties and submitted to the court, the court may call a hearing to review the document before the divorce is finalized. If a hearing is scheduled, both parties are expected to attend.
The hearing may be conducted in person or by videoconferencing. This is the final stage in the divorce process, and both spouses must present their cases to the judge.
The judge will review the documents at the hearing and ask clarifying questions. Both parties may address any issues, such as property division and spousal support, and make their case for any desired outcome.
The judge will make an official ruling at the end of the hearing, and the divorce will become final once it is approved.
The Final Result
The final result of a Colorado divorce depends on the nature of the relationship between the parties and the facts presented in each individual case. The court will enter a dissolution of marriage (divorce) after determining that the parties have irretrievably broken down the marital relationship.
If the parties have children, the court will also enter orders for child custody, parental responsibilities, and child support. The court will also divide marital assets and debt as well as enter provisions for spousal maintenance, if applicable.
Each party will be released from all obligations and responsibilities to the other party. The parties’ decisions and arrangements will be binding and enforceable upon them.
Filling a Divorce in Colorado
Filing a divorce in Colorado is a multifaceted process that should be carried out with the help of experienced legal professionals. An experienced divorce attorney can help you navigate Colorado’s confusing legal system and ensure that your rights are protected.
If you are seeking a divorce in Colorado, it is advisable to contact an attorney today for a consultation and to begin informing yourself about the process. With the proper guidance and advice from a lawyer, you are well on your way to a successful divorce.
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