Getting a divorce in Colorado is a challenge emotionally, financially and legally. We’re here to help. In this article, we walk you through important Colorado divorce laws and how to file for divorce in Colorado. We also answer many frequently asked questions about divorce in the state.
Types of Divorce and Separation in Colorado
Before diving into the specifics of how to file for divorce, it’s important to understand the different types of divorce and separation available in Colorado. Not all marital splits are the same, and the nature of your situation will determine the appropriate legal path.
Contested vs. Uncontested Divorce in Colorado
A contested divorce is one where both parties cannot agree on one or more key issues, like child custody, property division, who keeps the house and more. An uncontested divorce occurs when both parties agree on all terms and conditions of their divorce.
Annulment in Colorado
An annulment in Colorado is called a Declaration of Invalidity. It’s a declaration that a marriage was invalid from the beginning. It’s different from a divorce because instead of ending a marriage, it states that a legitimate marriage never existed. Grounds for annulment can include fraud, duress or inability to consummate the marriage.
Legal Separation in Colorado
A legal separation is a court order that determines the rights and duties of a couple while they are still married but living apart. These can relate to property, debt division and child custody. Legal separation doesn’t end a marriage, but it can be a step toward divorce for some. For others, absence can make the heart grow fonder.
Some may opt for a legal separation rather than divorce for financial or religious reasons.
How to File for Divorce in Colorado
The process of filing for divorce can be complex and emotionally challenging. Here is a step-by-step guide on how to navigate this process in Colorado.
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1. Understand Colorado Divorce Requirements
Before starting the divorce process, it’s crucial to understand the specific requirements in Colorado. There are two vital ones to discuss: Colorado residency requirements and grounds for divorce in Colorado.
Colorado Residency Requirement
At least one spouse must have been a resident of Colorado for a minimum of 91 days prior to filing for divorce. This requirement ensures that Colorado courts have jurisdiction over your case. If you file without meeting this requirement, the court may dismiss your case.
Grounds For Divorce In Colorado
Colorado is a no-fault divorce state. This means that a spouse does not need to prove the other spouse did something wrong to cause the divorce. Instead, one or both parties only need to state that the marriage is “irretrievably broken” with no chance of reconciliation.
2. Consult with an Attorney
Consulting with an attorney can provide invaluable guidance throughout the divorce process. An attorney can explain your rights, help you understand what to expect and provide advice tailored to your situation. While it’s possible to proceed without an attorney, especially in an uncontested divorce, legal counsel can protect your interests.
3. Prepare Your Divorce Forms
The next step is to prepare the necessary divorce forms. These include the Petition for Dissolution of Marriage or Legal Separation and the Summons for Dissolution of Marriage or Legal Separation. These forms provide the court with essential information about your marriage, your assets, your children (if any) and what you are asking from the court in terms of property division, child custody and more.
4. Serve Your Spouse
After preparing the divorce forms, the next step is to serve them to your spouse, which means officially delivering the papers to them. This can be done personally, through a private process server or, in some cases, by mail. It’s important to keep proof of service as it shows the court that your spouse has received the divorce papers.
That’s why we recommend using a professional process server. They’re not involved in the case, and they’ve done this hundreds of times, so they know how to serve your spouse and provide you with the necessary documentation the court needs.
5. Complete and File Documents
Once the documents are served, they must be filed with the appropriate Colorado court. Colorado provides every form you need to complete your divorce.
6. Attend a Court Hearing (If Agreement Not Reached)
Your goal should be to resolve issues, either on your own or through a mediator. Not only will this be faster, but it will also be less expensive and contentious, making for a smoother divorce process.
If you and your spouse cannot agree on all issues, you must attend a court hearing. During this hearing, each side presents its case, and the judge decides on contested issues. This could include division of assets, child custody, alimony and more. Preparing thoroughly for this hearing is important, as the judge’s decisions will significantly impact your life post-divorce.
Filing for Divorce With Kids in Colorado
When filing for divorce with kids involved, there are additional considerations to keep in mind. Two key aspects are child custody and child support.
Child Custody in Colorado
Child custody pertains to the rights and responsibilities each parent has concerning their child’s care and upbringing. In Colorado, custody is referred to as “parental responsibilities,” which includes both parenting time (physical custody) and decision-making responsibilities (legal custody).
Parenting time refers to the schedule that determines when the child will be with each parent. Decision-making responsibility involves the right to make significant decisions about the child’s health, education and general welfare.
Colorado courts aim to make these decisions based on the best interests of the child. Factors considered include the child’s wishes (if they’re mature enough), the child’s relationship with each parent, the child’s adjustment to home, school and community and the mental and physical health of all involved parties.
It’s important to note that Colorado law does not favor either parent when assigning parental responsibilities. The court encourages parents to work together to create a parenting plan that suits their family’s unique needs. If parents cannot agree, the court will establish a plan.
The children must reside in Colorado for at least six months(or since birth if they are under six months old) before the petition for divorce is filed.
Child Support in Colorado
Child support refers to the financial support paid by one parent to the other for the costs associated with raising the child. This could include expenses related to education, healthcare, childcare and general living costs.
In Colorado, both parents are expected to contribute financially to their child’s upbringing. The amount of child support is determined using a formula that takes into account both parents’ gross income, the number of overnights each parent spends with the child and any extraordinary expenses related to the child.
The goal of child support is to ensure that children maintain a similar standard of living as they would have if their parents had stayed together. It’s worth noting that child support orders can be adjusted if circumstances change substantially, such as a significant change in income.
Property Division in Colorado
In the event of a divorce, one of the crucial aspects to address is the division of property. In Colorado, this process follows the principle of equitable distribution, which means that marital property is divided in a manner that is fair but not necessarily equal. Equitable distribution takes into account several factors such as each spouse’s financial situation, the duration of the marriage and each spouse’s contribution to the marriage, including homemaking and child care contributions.
Items subject to equitable distribution typically include any assets and debts acquired during the marriage, such as homes, cars, retirement accounts, credit card debts and mortgages. However, separate property, which includes assets owned before the marriage, inheritances received by one spouse and gifts given specifically to one spouse, are generally not subject to division.
Here are three examples of what equitable distribution in Colorado looks like:
Example 1: If one spouse gave up their career to stay at home and raise children, the court might award them a larger share of the marital property to offset their lower earning potential.
Example 2: If one spouse owns a business that was started during the marriage, the court will consider the value of the business as part of the marital property. Its value will be divided between the spouses.
Example 3: In a long-term marriage where one spouse earned significantly more than the other, the court might divide the marital property unequally in favor of the lower-earning spouse to ensure they can maintain a similar standard of living post-divorce.
Alimony in Colorado
Alimony, also known as spousal support or maintenance, is a financial payment one spouse might be required to pay the other during or after a divorce. Alimony payments can be temporary (paid while the divorce is pending), rehabilitative (paid for a specific period to allow the recipient to gain skills or training to become self-supporting) or permanent (paid indefinitely, usually in long-term marriages).
Alimony aims to limit any unfair economic impacts of a divorce by providing ongoing income to a lower wage-earning or non-earning spouse. It’s important to note that alimony orders can be modified if there’s a substantial change in circumstances. For example, if the paying spouse loses their job or the receiving spouse gets remarried, the court may adjust or terminate the alimony order.
Here are three examples of how alimony works in a Colorado divorce.
Example 1: If one spouse has been a homemaker for many years, the court may order rehabilitative alimony. This allows the spouse time to gain necessary skills or education to enter the job market.
Example 2: When there’s a significant disparity in income between spouses, the higher-earning spouse may be required to pay temporary alimony during the divorce process to maintain the status quo until final decisions are made.
Example 3: In long-term marriages where one spouse is unlikely to become self-supporting due to age or health reasons, the court may award permanent alimony.
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Frequently Asked Questions (FAQs)
How much does it cost to file for divorce in Colorado?
The basic fee to file for divorce in Colorado is $230. However, keep in mind that there may be additional costs related to attorney’s fees, mediation, serving documents and other court costs. Depending on your financial situation, you may be eligible for a fee waiver or reduction.
How can I find a good divorce attorney in Colorado?
You can find a good divorce attorney in Colorado by asking for referrals from people you trust, contacting your local bar association for a referral list or using online resources that provide lawyer ratings and reviews. It’s advisable to interview several attorneys to see who best fits your needs and situation.
How long does it take to get a divorce In Colorado?
The actual duration of a Colorado divorce can vary greatly depending on the complexity of the case, whether it’s contested or uncontested and the court’s schedule. Even in an uncontested divorce, it could take several months. If your divorce is contested, it could take much longer. At a minimum, Colorado has a 91-day waiting period from the date the petition is filed before a decree can be issued.
Can you get a divorce without a lawyer in Colorado?
Yes, you can get a divorce without a lawyer in Colorado, especially if the divorce is uncontested and you and your spouse agree on all issues. However, even in these situations, it may be useful to consult with a lawyer to ensure you understand your rights and the legal implications of your agreements.
Is Colorado a no-fault divorce state?
Yes, Colorado is a no-fault divorce state. This means that you do not need to prove any wrongdoing on the part of your spouse. The only ground for divorce is that the marriage is “irretrievably broken.”
Are Colorado divorce records public?
Yes, divorce records are typically public in Colorado. This means that unless the court grants a request to seal certain records, the general public can access divorce records. Any reference to minor children, however, are blocked from public view.
Do you have to be separated before divorce in Colorado?
No, Colorado does not require spouses to be legally separated before filing for divorce. However, at least one spouse must have lived in Colorado for 91 days before filing.
How long after a divorce can you remarry in Colorado?
In Colorado, there is no waiting period to remarry after the finalization of a divorce. As soon as the court issues the final divorce decree, either party is free to remarry.
