How to File for Divorce in Colorado: A Step-by-Step Guide
Filing for divorce in Colorado can be a complex process, but understanding the steps involved can simplify it significantly. This step-by-step guide will help you navigate through the procedures for divorce in Colorado, ensuring that you understand each aspect of the process.
Step 1: Meet the Residency Requirements
Before you file for divorce in Colorado, you must meet the state’s residency requirements. At least one spouse must have lived in Colorado for at least 91 days before filing. Ensure that you can provide evidence of residency, such as utility bills or a lease agreement.
Step 2: Choose the Right Grounds for Divorce
Colorado is a no-fault divorce state, which means that you do not need to prove wrongdoing by either spouse. The most common ground for divorce in Colorado is “irretrievable breakdown of the marriage.” You can simply state that the marriage is beyond repair.
Step 3: Complete the Required Forms
You will need to complete several forms to initiate the divorce process. Key documents include:
- Petition for Dissolution of Marriage
- Summons
- Certificate of Compliance with Mandatory Disclosure
These forms can be obtained from the Colorado Judicial Branch website or your local courthouse. Make sure to fill them out carefully to avoid delays.
Step 4: File Your Divorce Papers
Once you have completed the necessary forms, you can file them with the district court in the county where you or your spouse resides. There is a filing fee, which varies by county. If you cannot afford the fee, you may request a fee waiver. Remember to make copies of all documents for your records.
Step 5: Serve Your Spouse
After filing, you must serve your spouse with the divorce papers, which can be done through a process server, sheriff, or via certified mail. Your spouse will have 21 days to respond if they are in Colorado or 35 days if they are outside of the state.
Step 6: Wait for Response
If your spouse responds to the petition, you may need to attend mediation or court hearings to settle any disputes regarding property division, child custody, or support. If your spouse does not respond, you may obtain a default judgment.
Step 7: Finalize the Divorce
In Colorado, completing the divorce requires you to file a “Decree of Dissolution of Marriage.” This document outlines the terms of the divorce, such as asset division and custody arrangements. You may need a judge to review and sign off on the agreement. After approval, your divorce will be finalized.
Step 8: Understand Post-Divorce Changes
After your divorce is finalized, you may need to update legal documents, such as wills, insurance policies, and bank accounts. Also, consider speaking with an attorney if any adjustments or modifications to your custody or support agreements arise in the future.
Filing for divorce in Colorado does not have to be overwhelming. By following these steps and understanding the process, you can approach your situation with greater confidence. Always consider seeking professional legal advice for personalized guidance tailored to your specific circumstances.