As you might already know, the divorce procedure, costs, and time can differ greatly from state to state. There are no federal divorce laws in the United States. So, it is important to understand the requirements and procedures specific to the state you live in.
This article is part of our series on how to file for divorce in different states. It’s a question that a lot of people seeking a divorce want to know.
If you call Colorado home, this article is for you. We will share with you how you can file for divorce in the Centennial State.
How To File For Divorce In Colorado:
Colorado allows no-fault divorces. A no-fault divorce can be filed by stating that the marriage is irretrievably broken. However, there are still some nuances that exist between counties in the filing process. We will go over that here:
1. Meet The Residency Requirements
First, before you can file for a divorce in Colorado, you must first meet the residency requirements in this state. Valid residency in Colorado requires one of the spouses to have been a resident for a minimum of three months (or 91 days to be exact) in the specific county wherein they file for the divorce.
2. Prepare Your Forms
The second prerequisite for filing is to prepare the state required forms. The primary form to complete is the Petition for Dissolution of Marriage form. This formally states the intention of a spouse to dissolve the marriage.
And, depending on where you live within Colorado, your county may require additional forms.
Other Colorado divorce forms you will likely fill out include but are not limited to:
- Certificate of Compliance
- Financial Statement
- Separation Agreement
- Parenting Plan* (if applicable)
- Decree
- Support Order
- Pretrial Statement
- Child Support Worksheet* (if applicable)
3. File For A Divorce
Next, you will officially file for the divorce in the county’s courthouse. At least one of the spouses must be present. After filing for your forms, you are required to pay a court fee.
The average filing fee in Colorado is $230. However, if you cannot afford the filing fee, you can request for a fee waiver.
4. Serve Your Forms
There are multiple ways in which you can serve your spouse the divorce complaint. These are:
- Sheriff deputy
- Private process service
- Through a non-party at the age of 18
- You might deliver it to your spouse if they signed an Acceptance of Service
Once service is completed, The spouse served has 21 days to respond. If the divorce is filed outside of the state of Colorado, the time frame may be extended; up to 35 days.
It is important to note that if your spouse filed a divorce against you, you should respond to the filing as quickly as possible. Otherwise, it is labeled as a default/uncontested divorce. An uncontested divorce states that the spouse who failed to respond disagrees with the filing.
But what if your spouse is in jail, deployed in the military, or you cannot locate them?
You may have to try another way of serving your forms. You can ask the court clerk about support in these situations.
5. Disclose your Financials
Both spouses must sign a Sworn Financial Statement and, if necessary, a Sworn Financial Statement with Supporting Schedules during this stage.
During the divorce, there has to be financial disclosure between the two spouses regarding the following:
- Income
- Assets
- Liabilities
- Monthly expenses
Final Words on Filing for Divorce in Colorado
It is worth noting that the filing process and duration may be affected if there are any contested issues that must be resolved between the couple. In this case, the court may require mediation before the final hearing.
We hope that the information provided above clarifies the process of filing for divorce in the state of Colorado.