How to File For Divorce in Colorado

Michelle Wilson - May 22, 2023

According to public data, Colorado has a high divorce rate, with 4.4 out of 1,000 people filing for divorce. Unfortunately, even with the high prevalence of divorce cases, the process is a complex and emotionally taxing experience that involves several necessary steps to ensure you and your partner remain on good terms.

The following guide will explain how to file for divorce in Colorado and offer additional suggestions on how to do so as easily as possible.

Understand Colorado’s Divorce Laws

One of the first steps in filing for divorce in Colorado is ensuring you meet the residency requirements. The residency requirements in Colorado vary based on whether or not you have children. To file for divorce in Colorado without children, the law mandates that either of you has resided in the state for more than 91 days before marriage mates file a divorce petition. If you or your spouse recently moved to Colorado, you may need to wait a few months before you can file for divorce.

To file for a divorce that includes custody, the children must have resided in Colorado under the care of a parent for at least 182 days. Infants younger than six months must have been in Colorado since birth to meet this requirement. It’s important to keep in mind these residency requirements when filing for a divorce involving children. Keep in mind this requirement is put in place to ensure that the children have a strong connection to the state before legal authorities make a custody decision.

Property Division in Colorado

A second factor you will want to consider is property division. In Colorado, the partner must divide marital property using equitable distribution, which means that the split must be fair but not necessarily an equal 50/50 split. Any assets and/or debts accrued during the marriage are also marital property, meaning partners must split them in the divorce. However, assets and debts that either spouse had before the marriage or that one spouse got as a gift or received through inheritance during the marriage are considered separate property. Therefore, partners will not have to split them.

The court takes into account several factors when determining the equitable distribution, including the contributions of each spouse to the owning of marital property, the value of each spouse’s separate property, the economic situation of each spouse during the divorce, including the custodial parent’s requirement to live in the marital home with the children, and any changes in the value of the separate property during the marriage.

Hire an Attorney

With the background around property division and other divorce laws in mind, the next question will be around the use of a lawyer.

While filing for divorce without an attorney is possible, hiring an attorney can provide several benefits. An experienced divorce attorney can provide legal guidance and support, ensuring you receive a fair settlement. They can also help you navigate the complex legal system, which can be challenging for those unfamiliar. Additionally, an attorney can provide emotional support during this difficult time, as they have likely helped many other clients in similar situations.

Filing for Divorce Without a Lawyer

If a lawyer is not financially feasible, you can continue the process without one. Here’s how.

Prepare and File The Necessary Forms

Start by gathering all necessary information, which you may supplement if you run a free background check. You can complete the necessary forms from the Colorado Judicial Branch website with this information. These forms include a Petition for Dissolution of Marriage and a Summons, which you can complete electronically.

Once you complete these forms, you must file them with the court clerk in the county where you or your spouse reside and pay a filing fee. If you cannot afford the fee, you may be able to apply for a waiver or reduction of fees.

Serving Your Forms

After filing the forms and paying the fee, it is your job to serve your spouse with a copy of the documents. You can do this through a process server, a sheriff’s deputy, or by mail with a Return of Service form. You can also do this through personal service, where you or a third party delivers the papers to your spouse. Alternatively, you can use certified mail or publication if you cannot locate your spouse. It is important to ensure that your spouse receives the documents, as failure to do so could delay the divorce process.

After you give your forms to your spouse, they will have enough time to respond to the petition. If they do not respond, you can file a motion for default and proceed with the divorce.

Negotiate and Settle

Once your spouse responds to the petition, negotiations can begin. In Colorado, divorcing couples need to attend a financial disclosure hearing before authorities will finalize the divorce. This hearing ensures that both parties have disclosed all their assets and debts and that the property division is fair and equitable. During the negotiation process, it’s important to remember the children’s best interests. Colorado courts prioritize the well-being of children. Therefore, they tend to make decisions considering the children’s best interests. If you and your spouse have trouble agreeing on these issues, a mediator can help facilitate communication and find common ground.

It is worth noting, most couples will settle their divorce outside of court in Colorado. According to online data from the Colorado Judicial Branch, the exact number is over 90%. Many legal authorities liken this in part to the availability of alternative dispute resolution methods like mediation, which can help couples reach a mutually beneficial agreement without the need for a contentious court battle.

File the Final Paperwork

Once you agree, you must file the necessary paperwork to finalize the divorce. These papers include a final decree of dissolution and a parenting plan (if you have children).

While it is possible to file without a lawyer, it is important to understand the risks involved. You may have difficulty negotiating a settlement or understanding your legal rights without legal representation. Additionally, hiring an attorney may be in your best interest if there are any complicated legal issues.

Setting the Stage for a Healthy Future

It’s true filing for divorce in Colorado can be scary, but navigating with the right information and resources is possible. Seeking help from a legal professional or mediator can ensure your divorce is fair and legally binding. However, if you can’t afford the extra help, you can follow a few steps on your own, which include gathering all the necessary documentation, negotiating a settlement, and filing the appropriate forms with the court.

While divorce can be challenging and stressful, it is important to remember that it can lead to a healthy and fulfilling future. By filing for divorce and seeking help and support, you can confidently and optimistically start a new chapter in your life.