
If you are no longer happy in your marriage, you may be considering divorce. Anyone who is married can divorce in Colorado, but the process is not exactly easy. There are a lot of steps involved and it can be an emotional process.
You need to be able to make informed decisions, which is where an experienced lawyer comes in. Still, you will want to get an idea of the steps involved so you can properly prepare. Here is a guide to divorce in Colorado.
To Divorce in Colorado, You Must Meet the Requirements
The first step is probably the easiest for most people. At least one spouse must have been a resident of Colorado for at least 91 days (just over three months) prior to filing for divorce. Also, Colorado is a no-fault divorce state, so while you don’t need to prove fault, at least one party must state that the marriage is “irretrievably broken.”
Consider a Lawyer
While a lawyer is not necessary in order to file for divorce, it is a good idea. A lawyer has experience with these situations and can help you understand your legal rights. They can also provide you with advice tailored to your situation.
Prepare the Forms
You will need to get the proper forms ready. You may need the Petition for Dissolution of Marriage or Legal Separation and the Summons for Dissolution of Marriage or Legal Separation. Your lawyer can assist you with completing the right forms on time.
Serve Your Spouse
Once you get the forms ready, the next step is to serve them. This means officially delivering them to your spouse. It’s best to do this through a private process server.
In some cases, the spouse leaves the marital home and cannot be located. If this happens, you can still divorce. However, the process is a bit more complicated. You should do what you can to locate them, such as contacting mutual friends or family members. You can also check your spouse’s last place of employment or look them up online and on social media. You can then authorize Service by Publication of a Summons in a local newspaper.
File the Documents
Once the documents are served, they must be filed with the court. Colorado provides every form you need to complete your divorce. You can get the forms online, or your lawyer can file them for you. If you are doing a DIY divorce, check with the local court clerk to see what forms you need, as they may vary by county.
Disclose Finances
You and your spouse will need to exchange certain information about finances, such as income, assets, debts, and expenses). There are several forms that must be filled out and submitted to the court within six weeks (42 days) after you serve the divorce petition. Make sure you fill out the forms accurately and truthfully. You could be penalized by a fine or even jail time if you give false information. If you have a lawyer, have them help you.
Try to Reach an Agreement
Once your spouse has been served and they have a chance to respond, work with them to try to reach an agreement. This will be much better than having to go to court. If you have issues that you need help resolving, mediation may be helpful. A mediator is a neutral third party who can answer questions. While they cannot give legal advice, they can help move the process along.
Go to Court
If you cannot reach an agreement during mediation, then you will need to go to court. This is known as a permanent orders hearing. While in court, you’ll need to have a judge hear the evidence and make a decision about any unresolved issues before issuing your divorce decree.
Attend a Final Hearing
Once you have reached a settlement, you will need to attend a final hearing so that the judge can review your agreement and other paperwork. They will ask you a few questions and issue your final dissolution decree. You will then be considered officially divorced.
Contact Us Today
When you turn to Tanis McGonegal Family Law, P.C., you will speak directly with a knowledgeable family law attorney who understands the emotional and legal complexities of divorce. We offer a 20-minute consultation at no charge to discuss the basic aspects of your case and explain how our legal services can help you.
Contact us now to get started.