Navigating the Process: A Guide on How to File for Divorce in Colorado
Divorce can be a daunting process, but knowing the right steps to take can alleviate some of the stress. If you are considering filing for divorce in Colorado, it's important to understand the requirements and steps involved. In this post, we will walk you through the process, from residency requirements to finalizing the divorce papers. Whether you decide to hire an attorney or go the self-service route, this guide will help you navigate the process.
Residency Requirements: To file for divorce in Colorado, either you or your spouse must have lived in the state for at least 91 days. If you have recently moved to Colorado, it's important to ensure you meet the residency requirement before filing.
Separation Agreement: A separation agreement is a document that outlines the terms of the separation before filing for divorce. It addresses important issues such as property division and child custody. While it is not legally required in Colorado, having a separation agreement in place can streamline the divorce process.
Parenting Plan Agreement: If you have children, a parenting plan is also necessary. This agreement outlines each parent's responsibilities and parenting time with the children. It must be approved by the court to be enforced.
Self-Service Forms: Colorado offers self-service forms for those who cannot afford an attorney. These forms are available online and walk you through the process of filling out and submitting the necessary paperwork. However, keep in mind that these forms can be complex, and it's recommendable to get legal advice before submitting them.
Property and Financial Disclosure: When filing for divorce, both parties are required to list all marital and separate property and debts. This information must be disclosed to ensure a fair division of property. It's also necessary to list any pensions, retirement plans, and deferred compensation.
Filing Divorce Papers: Once all necessary documents have been filled out, they must be filed with the court. The person filing for divorce (the petitioner) must pay a filing fee, and then the documents will be served on the other spouse (the respondent).
Completing Service of Process: All legal documents must be served to the other spouse. This means delivering the documents to the respondent in person or by mail. If the respondent refuses to sign the documents or cannot be found, additional steps must be taken to serve them.
Taking Parent Education Course: In Colorado, both parents are required to take a parent education course before a final decree of dissolution can be issued. This course is designed to help parents manage the emotional and financial impacts of divorce on their children.
Motions for a Court Order: In some situations, one of the parties may need to make a motion for a court order. This could include requests for temporary child support, maintenance (alimony), or parenting time schedules. A motion is a formal request to the judge, and the other party will have the opportunity to respond.
Calendar Divorce Court Proceedings and Deadlines: Once all paperwork has been filed, court proceedings and deadlines will be set. It's essential to remember these dates and deadlines and to attend all court appearances.
How Can An Attorney Help?
While it is possible to file for divorce without an attorney, hiring an experienced divorce attorney can ease the process's burden. An attorney can guide you through the process, answer questions, and ensure that your rights and interests are protected.
Filing for divorce in Colorado can be a complex process, but taking the time to understand the steps involved can alleviate some of the stress. Following the steps discussed in this post and seeking legal counsel can ensure the process is done correctly and efficiently. At Peter A Garin Attorney At Law, we can help you navigate your divorce options and guide you through the process. Contact us today to discuss your needs.
