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Divorce Information in Colorado: What You Need to Know


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It can be challenging to keep track of information while navigating the emotional turmoil of divorce. When I was a divorce attorney, my clients often called repeatedly to discuss the same thing. Legal information isn’t always easy to understand. Compound that with the interpersonal, physical, financial, and emotional stress of divorce, and you can appreciate the confusion. One of the many benefits of hiring a Divorce Coach, is having someone who can walk you through the information as many times as it takes, at a fraction of the cost.


For those of you considering divorce or just starting the process in Colorado, below is a cheat sheet with the basic information to help you get started.


1. Colorado Is a No-Fault Divorce State

Colorado law allows couples to file for divorce on the basis that the marriage is “irretrievably broken”—you do not need to prove wrongdoing, like adultery or cruelty, to get divorced. This simplifies and reduces conflict.


2. Residency Requirement

Before filing for divorce in Colorado, at least one spouse must have lived in the state for a minimum of 91 days. This requirement ensures the court has jurisdiction over the case.


3. Filing the Divorce Petition

Start by preparing a Petition for Dissolution of Marriage. This document includes details about both spouses and your intent to dissolve the marriage. You file it with your local district court, along with a Summons to notify your spouse of the proceedings. Both parties then have an opportunity to respond. You can also file jointly.


4. Serving the Papers and Response Deadlines

After filing, if not filed jointly, the divorce papers must be formally served to your spouse. If the spouse lives in Colorado, they have 21 days to respond. If they reside outside the state, the deadline is 35 days. If your spouse fails to respond, a default judgment may be issued in your favor.


5. Financial Disclosures and Equitable Distribution

Colorado requires both parties to disclose all financial assets, debts, income, and expenses. The state follows “equitable distribution,” which means marital property is divided fairly, which may not always be an equal split. Courts consider factors like length of marriage, economic contributions, and future needs.


6. Child Custody and Parenting Plans

Custody is decided based on the child’s best interests. Parents are encouraged to agree on a parenting plan covering visitation schedules, decision-making, and communication. If they cannot agree, the court will decide.


7. Uncontested vs. Contested Divorce

In an Uncontested Divorce both parties agree on all major issues (asset division, child support, custody); the process is usually faster and less expensive. In a contested Divorce the parties disagree on some or all issues; mediation or a court trial may be needed.


8. Waiting Period

Colorado law requires a minimum waiting period of 91 days from the time the petition is served before the court can issue a final decree. The process may take longer if issues are disputed.


9. Finalizing the Divorce

When all issues are resolved, the court issues a Decree of Dissolution of Marriage, officially ending the union and outlining terms for property division, custody, and support. Both parties must comply with the decree.


10. Helpful websites

 

Hopefully, this information is helpful. If you still have questions, feel free to schedule a session at Colorado Divorce Coach. Remember, you don’t have to do this alone.

 

Amy

 
 
 

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