How to File for Divorce in Colorado
Divorce is never easy, but the right guidance can make the process smoother.
At Anderson Graham, LLC, we are here to help. Our team, led by Barlow Anderson, specializes in family law, personal injury law, and criminal defense. We proudly serve clients in Denver, Colorado, Lakewood South Denver, Washington Park, Glendale, Cherry Creek, Central Park, Park Hill, Union Station, and Wheat Ridge.
Whether you are considering a divorce or are already in the process, here are some important steps and information to help you through the process.
Understanding the Grounds for Divorce in Colorado
Colorado recognizes "no-fault" divorce. This means you don't need to prove wrongdoing by either party. Instead, you simply need to show that the marriage is "irretrievably broken."
No-fault divorces are simpler and minimize conflict between spouses. Colorado does not recognize fault-based reasons like adultery or cruelty, making it easier for couples to separate amicably. However, it is still important to reach a mutual agreement on key issues such as property division, child custody, and spousal support.
Preparing Your Divorce Petition
The initial step in filing for divorce is preparing the divorce petition. This document is formally known as a "Petition for Dissolution of Marriage." It outlines your intent to dissolve the marriage and includes basic details about both spouses.
At this stage, you will also need to complete a "Summons," which informs the other spouse of the divorce proceedings. You will then file these documents with the district court in your county. Filing fees apply, so be sure to check your local court's website for the most current information on costs.
Serving the Divorce Papers
Once your petition is filed, if the petition wasn't signed by the other party also, the next step is serving the divorce papers to your spouse. This ensures they are aware of the proceedings and have an opportunity to respond. You can serve the papers through a professional process server, sheriff's office, or any adult who is not involved in the case.
Your spouse will have 21 days to respond if they reside in Colorado or 35 days if they live out of state. A timely response allows both parties to proceed with negotiations and court hearings. If your spouse fails to respond, you may be able to obtain a default judgment, which grants you the terms requested in your petition.
Financial Disclosures and Asset Division
In Colorado, both parties must provide full financial disclosures during the divorce process. This includes income, assets, debts, and expenses. Accurate disclosures are vital for fair division of property and calculation of spousal support.
Colorado follows the principle of "equitable distribution," which means assets are divided fairly but not necessarily equally. Factors such as the length of the marriage, contributions to the household, and each spouse's economic circumstances are considered.
Child Custody and Parenting Plans
Child custody is often the most emotionally charged aspect of divorce. Colorado courts prioritize the best interests of the child when determining custody arrangements. This includes evaluating each parent's ability to care for the child, the child's relationship with each parent, and the child's needs.
Parents are encouraged to create a parenting plan that outlines custody schedules, decision-making responsibilities, and communication protocols. If parents cannot agree on a plan, the court will intervene and make a decision based on the child's best interests.
Calculating Child Support
Colorado uses the Income Shares Model to calculate child support, which considers both parents' incomes and the time each parent spends with the child. The goal is to ensure that the child's financial needs are met in a manner consistent with the standard of living they would have enjoyed if the parents remained together.
Child support covers basic expenses such as housing, food, clothing, and education. Additional costs, like healthcare and extracurricular activities, may also be factored into the calculation.
Spousal Maintenance (Alimony)
Spousal maintenance, commonly known as alimony, aims to support a spouse who may need financial assistance post-divorce. The court considers factors such as the duration of the marriage, each spouse's financial resources, and their contributions to the marriage.
In Colorado, maintenance can be temporary or long-term, depending on the circumstances. Temporary maintenance is typically awarded during the divorce process, while long-term maintenance may be granted if the marriage lasted more than 20 years.
Mediation and Alternative Dispute Resolution
Mediation is a valuable tool for resolving disputes without going to court. In mediation, a neutral third party helps both spouses negotiate and reach agreements on various issues. Compared to traditional litigation, mediation can save time, reduce costs, and minimize stress. Colorado courts often require mediation before a trial, especially in cases involving child custody or complex asset division.
Going to Court
If mediation fails or certain issues remain unresolved, your case may proceed to court. During a divorce trial, both parties present evidence and arguments, and the judge makes final decisions on contested matters. Court proceedings can be time-consuming and emotionally draining but having experienced legal representation is invaluable.
Finalizing the Divorce
Once all issues are resolved, the court will issue a "Decree of Dissolution of Marriage," officially ending the marriage. This decree outlines the terms of the divorce, including property division, child custody, and support arrangements. Both parties must comply with the terms of the decree. Failure to do so can result in legal consequences.
Colorado Divorce Laws
Colorado requires at least one spouse to have been a resident for 91 days before filing. There is also a mandatory 91-day waiting period from the time the divorce petition is served until the court can issue a final decree. Colorado is a "no-fault" divorce state, meaning that the only ground for divorce is the irretrievable breakdown of the marriage. This simplifies the process and reduces conflict between spouses.
Speak With a Divorce Lawyer in Denver, Colorado
At Anderson Graham, LLC, we bring our dedication to the practice of law and a passion for justice to every case we take on. With a strong foundation in family law, personal injury law, and criminal defense, we're ready to guide you through your legal challenges with compassion and determination. We are committed to helping you through the difficult process of divorce with the skill and care you deserve.
Contact us today for more information or to schedule a consultation. If you're local to Denver, Colorado, Lakewood South Denver, Washington Park, Glendale, Cherry Creek, Central Park, Park Hill, Union Station, or Wheat Ridge, we're here to help you take the first step toward a brighter future.