Divorce in Colorado
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The Basics of Divorce in Colorado
Are you thinking about filing for divorce in Colorado? Has your spouse already filed for divorce and served you? Have you attended the ISC and feel overwhelmed? We understand that this is a difficult process and can be intimidating. There are approaches you can take to the divorce process to save money and stress on yourself and your children through collaboration. However, sometimes situations (particularly related to property distribution and child custody) make cooperation difficult. Sometimes it’s necessary to take a tough stance to obtain the just result that you deserve.
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Below is a general overview of the divorce process.
(Speak to an attorney about your specific situation to know whether this general process applies to you. For example, are you even sure you’re married?)
Divorce isn't an ending, but an opportunity for a new beginning.
Step 1: Filing. You don’t have to tell anyone a particular reason
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Divorce in Colorado courts is called dissolution of marriage. Colorado is a no-fault divorce state, meaning neither party has to prove fault of the other party to dissolve the marriage. Why you are getting divorced does not matter. You can choose to get divorced whether your spouse is in agreement or not. A spouse must only assert the marriage is “irretrievably broken.”
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A divorce is commenced by filing a Petition for Dissolution of Marriage with a Case Information Sheet in the District Court of the county in which one spouse resides. One spouse must be domiciled in Colorado (lived in the state for 91 days).
The Stages of Dissolution
Initial Filing, Service on Spouse, Response by Spouse
Financial Disclosures of Each Spouse's Assets and Debts
Attend Initial Status Conference before Judge
Attend Mandatory Mediation
Negotiate and execute a Separation Agreement (and Parenting Plan, if kids)
Court reviews and accepts Parties' agreements and enters Divorce Decree
Attend Permanent Orders Hearing before judge on contested issues
Judge makes findings on contested issues and enters an Order
Parties satisfy any Post-Decree requirements (and follow Parenting Plan, if kids)
Parties satisfy any Post-Decree requirements (and follow Parenting Plan, if kids)