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Ending a marriage is emotional enough without feeling blindsided by the legal process. A Colorado divorce comes with deadlines, court filings, financial disclosures, and decisions that can affect your family long after the case is over. The problem is that many people walk into the process with no idea what happens first, what the court expects, or how quickly small mistakes can create bigger problems. Knowing what to expect before you file can help you protect your finances, your parenting rights, and your peace of mind. This step-by-step guide explains how divorce works in Colorado and what you should prepare for at each stage.
For the Colorado family court to have authority over a couple’s divorce, at least one of the individuals needs to live in the state. If there are children involved, the 90-day minimum residency requirement is increased to six months. Filing before the residency requirement is met can result in the court determining it doesn’t have jurisdiction, resulting in delays or dismissal of the divorce filing.
In order to formally start the divorce process, a Petition for Dissolution of Marriage must be filed with the court. The filing should be done in the county where the couple resides. There are two options for filing. The first is a sole petition where one person files. The other is a co-petition where both spouses file together.
It’s helpful to work with a family attorney to prepare the petition. That way, all of the required documents are included: the petition, summons, and case information sheet. The filing fees must also be addressed. They may need to be paid or could possibly be waived.
Colorado law requires a 91-day waiting period. The divorce cannot be finalized before this waiting period starts upon the petition filing. The waiting period cannot be waived by the spouses.
When you file a case in any civil court, you must let the other involved parties know of the filing. This requirement applies to filing for divorce in Colorado if the spouses didn’t file the petition together. Service to the other spouse must be done in accordance with the law. Acceptable methods are by having a sheriff or process server deliver the notice. The other spouse could also file a waiver of service.
If the other spouse does not respond within the required amount of time, they risk the court issuing a default judgment for the filing spouse.
A required phase of the divorce process in Colorado is financial disclosure. Spouses are required and expected to be fully transparent and honest about their financial situation. This includes their income, expenses, assets, and debts. This information is required early on in the process because it’s needed to determine the division of assets and calculate spousal and child support.
The actual documents that are filed with the court are called a Sworn Financial Statement. Each spouse has an ongoing duty to update their financial statement if their situation changes. Working with an experienced attorney can help you gather all of the required financial information that must be included in your statement.
If the couple has children, a critical step in the divorce is addressing how parenting will work moving forward. This step includes calculating child custody and support. While parents have the flexibility to work out an agreement, the family court will always prioritize the best interests of the child. Parental responsibilities will be allocated, including parenting time and decision-making authority.
Child support is calculated using a standardized state formula. Then, a judge will consider the couple’s unique situation. Spouses can request a different amount, but they should be prepared to justify their request. Several factors influence the amount of child support ordered, including:
Typically, the family court will order child support to be paid until the child reaches the age of 19 and while they are in school. Additionally, a judge will consider special circumstances, such as a parent being purposefully underemployed or unemployed.
Many divorces in Colorado are settled before going to trial. Spouses are encouraged to attend mediation to negotiate divorce terms. It’s common for the parties to negotiate property division, parenting plans, spousal maintenance, and debt allocation.
There are several benefits for couples who actively participate in mediation. It often leads to a faster resolution, is more affordable, and gives the couple more control over the outcome of their divorce.
The final step in filing for divorce in Colorado is to issue a Decree of Dissolution of Marriage. If the divorce is uncontested, then the court issues the final order. If the divorce is contested, there may need to be a hearing or trial. Outstanding disagreements are addressed and ruled on by the court.
Divorce is rarely easy, but understanding how the Colorado divorce process works can help you feel more prepared for the road ahead. Working with an experienced family law attorney when filing for divorce in Colorado can also help you avoid costly mistakes and protect your long-term interests. The attorneys at Altitude Family Law
represent clients in a wide range of Colorado family law matters. Their team understands how stressful these cases can become and works to help clients pursue practical, long-term solutions.
Reach out to Altitude Family Law to discuss your Colorado divorce and what steps may make the most sense for your situation.
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