how do i file for divorce without a lawyer in colorado?

The quickest way to getting getting a divorce in Colorado is when you and your spouse can reach acceptable agreements relating to your legal issues without going to court. The most common scenarios for that are: Do It Yourself (pro-se). You can obtain the necessary documents from the courthouse, fill out the paperwork and handle your own divorce.

Full Answer

How to do your own divorce without a lawyer?

Draft your divorce petition.

• A declaration that you meet the residency requirements;
• The dates of your marriage;
• Your grounds for divorce;
• Children of the marriage;
• Declarations about property and debts; and
• A request for a divorce.

How do you file for divorce without an attorney?

The Divorce Filing Process

• Fill out the necessary form. ...
• Make sure to file the petition with the court clerk of your specific county. ...
• After waiting for about 60 to 90 days, you can go and pick from the county clerk the signed judgment on your divorce. ...
• When you complete the above steps, you are almost through with filing for your divorce. ...

Can I file my own divorce without a lawyer?

Yes, it is possible to file your own divorce and complete the process without the aid of an attorney. However before you commence a do-it-yourself (DIY) divorce, consider these tips. You're a Good Candidate If … You're probably a good candidate for a DIY divorce if:

How can I get a quick divorce in Colorado?

• you and your spouse do not have marital property, or you've signed a separation agreement that spells out how you will divide your property (Colo. ...
• you and your spouse agree that the marriage is irretrievably broken (Colo. ...
• you and your spouse have no minor children, and neither spouse is pregnant, or

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Can you get a divorce in Colorado without a lawyer?

Do you need help with an uncontested divorce in Colorado? Although uncontested divorces are possible without attorneys, complexities often arise in divorces that start out as uncontested. At the very least, a divorce attorney should review your separation agreement to make sure it meets court requirements.

How much does a divorce cost in Colorado without a lawyer?

The cost of filing a petition for dissolution of marriage in Colorado is $230.00. The cost of filing a petition for allocation of parental rights (custody case when the parties are not married) is $225.00. It then costs $116.00 to file an answer to the petition.

What is the fastest way to get a divorce in Colorado?

The quickest way to getting getting a divorce in Colorado is when you and your spouse can reach acceptable agreements relating to your legal issues without going to court....The most common scenarios for that are:Do It Yourself (pro-se). ... Uncontested Divorce. ... Mediated Divorce.

Can I serve divorce papers myself in Colorado?

You may chose to employ a professional process server to serve the divorce papers, or you may ask someone in your family. Take note that any family member or a friend assigned to this task, must be 18 or over to legally serve. Note, too, that you cannot serve divorce papers on your spouse by yourself.

How long do you have to be separated before divorce in Colorado?

six monthsHow long do you have to be separated before divorce in Colorado? In this state, the legally separated party is required to wait six months before they can pursue a divorce. This means the waiting period begins when the separation decree is put in place and at the end of that six months the spouse may request a divorce.

How much does a simple divorce cost in Colorado?

The typical cost of divorce in Colorado averages around $14,500. Depending on your needs, it could be as little as $4,500 to as much as $32,000. If there are no children involved, the cost for a divorce might be lower.

Can you date while separated in Colorado?

Can I date while legally separated from my spouse? According to Colorado law, while you are legally separated from your spouse, you are still technically married. You can date other people without violating bigamy laws. Colorado is a no-fault state which does not consider fault in reasons for divorce.

What is a wife entitled to in a divorce in Colorado?

In Colorado, a court can order one spouse ("paying spouse") to pay temporary alimony to a lower-earning or unemployed spouse ("supported spouse") during the divorce proceeding. Colorado courts use a formula based on income to calculate temporary alimony. Courts can also order longer-term alimony awards.

How many years do you have to be married to get alimony in Colorado?

three yearsGenerally speaking, you need to have been married at least three years to be eligible for alimony. And if the higher earner grosses $40,000 monthly while the lower earner grosses $4,000 monthly, that person would be eligible for up to $14,000 in monthly support.

How long does the divorce process take in Colorado?

about 6-9 monthsMost divorces in Colorado take about 6-9 months to complete, depending upon the issues involved, and especially upon whether they are contested or not. There is no one set of procedures that will apply to every case, since the necessary steps will depend upon the specific issues in your case.

How do you initiate a divorce?

Procedure to be followed for a Mutual Divorce.Step 1: Petition to file for divorce. ... Step 2: Appearing before Court and inspection of the petition. ... Step 3: Passing orders for a recording of statements on oath. ... Step 4: First Motion is passed and a period of 6 months is given before the Second Motion.More items...•

Do you have to go to court for a divorce?

In short, no. The court is an integral part of the process but you do not have to attend at court unless you require a judge to adjudicate a dispute between you.

How much does it cost to serve divorce papers in Colorado?

You will want at least two copies along with the original – one to give to the court and one to serve to your spouse. You must pay the appropriate filing fee of $230 to the clerk of the circuit court. If you and your spouse cannot afford to pay the filing fees, you may request a waiver when you file.

How long does it take to get a divorce in Colorado?

about 6-9 monthsMost divorces in Colorado take about 6-9 months to complete, depending upon the issues involved, and especially upon whether they are contested or not. There is no one set of procedures that will apply to every case, since the necessary steps will depend upon the specific issues in your case.

How is Colorado Maintenance calculated?

This is based on a formula: The amount of maintenance is equal to 40% of the higher income earner's monthly adjusted gross income, minus 50% of the lower income earner's monthly adjusted gross income.

How much does divorce mediation cost in Colorado?

How much does divorce mediation cost in Colorado? A mediation session can be as affordable as $150 an hour (per couple, not per party). The entire mediation process can cost as low as $750, though a couple may have to pay more or less than depending on how their mediation proceeds.

How long do you have to live in Colorado to file for divorce?

Colorado law requires that you or your spouse must have lived in the state for at least 91 days before you can file for divorce. If you have minor children and you’re looking to pursue child custody, your children must have lived in CO for at least 182 days. Complete the paperwork. You will have to file a “Petition for Dissolution ...

Is divorce contested?

Your divorce is contested. A contested divorce, especially one that involves children, can turn into an aggressive legal battle. Without a lawyer, it will be extremely difficult to ensure the most equitable outcomes for you in disputed matters such as division of marital property, alimony, and parenting rights. Your spouse has hired a lawyer.

Can you serve divorce papers?

However, you cannot serve the papers yourself – you can have an adult family member or professional server do this for you. Attend your court dates.

How long do you have to live in Colorado to get divorced?

1. Determine if you have lived in Colorado long enough to get a divorce in the state. You or your spouse must have lived in Colorado for at least 91 days before you can file for divorce in this state. 2. Identify where to file your divorce case.

How long do you have to wait to file for divorce?

Determine when you can submit your paperwork. You must wait at least 182 days from the date your legal separation was finalized by the court (when the Decree of Legal Separation was entered) before you can file paperwork to change the legal separation to a divorce. 2. Identify where you should file your paperwork.

Is divorce legal advice?

Divorce. These standard instructions are for informational purposes only and do not constitute legal advice about your case. If you choose to represent yourself, you are bound by the same rules and procedures as an attorney. All Family Law Forms. Family Law Forms.

How long does it take to get divorced in Colorado?

Divorce in Colorado takes at least 3 months and 1 day after the Petition is served to be finalized (that’s just the way it is). If that feels like too long to go without help from the court, you don’t have to wait until your divorce is final.

Do you have to exchange documents with your spouse?

Even if you already have a full agreement with your spouse (good for you!), you still must exchange these documents.

What to do if your spouse doesn't agree to divorce?

If your spouse doesn't agree to sign an acceptance of service, then you should hire a process server to hand your spouse divorce papers at home or work. A process server may be a sheriff, private process server, or non-party over the age of 18.

Can you fill out Colorado state forms on your computer?

When completing your forms, answer each question thoroughly and honestly. If you're able, fill out the forms on your computer.

Can an attorney text you?

Attorneys have the option, but are not required, to send text messages to you. You will receive up to 2 messages per week from Martindale-Nolo. Frequency from attorney may vary. Message and data rates may apply. Your number will be held in accordance with our Privacy Policy.

What is an uncontested divorce in Colorado?

In Colorado, uncontested divorce is often referred to as a “decree upon affidavit.”. It means that you could avoid attending a court hearing and might get a divorce after submitting an affidavit.

Where to file affidavit for decree in Colorado?

After your papers are ready, they must be filed with the Colorado court in the county that either of the spouses lives. Your submission should also include the “affidavit for decree without the appearance of parties.” The district court clerk’s office in your county can provide you with all the necessary forms, including an affidavit. Depending on who files the affidavit, you and your spouse will become a “petitioner” and a “respondent.” You can file it together, which will make you co-petitioners.

Is it easy to get divorced?

With the amount of information out there, it is now relatively easy to have a divorce over the internet without the involvement of a law specialist. The dissolution of marriage is no longer stigmatized as something too complicated and stressful to go through. The average cost of divorce is now manageable, too, due to DIY divorce opportunities. We believe that with the correct information and a prepared plan, you can quickly go through this period with a minimum amount of stress. Remember that your life can be just as full and joyful as it was before you got divorced. So don’t hesitate to make the most out of it.

How long do you have to be in the military to divorce in Colorado?

In Colorado there is a requirement that at least one of the parties have been domiciled in the state for at least 91 days before filing for a dissolution of marriage.

When is child support required in Colorado?

The Colorado Legislature has adopted Colorado Child Support Guidelines that are used when a child’s parents are divorced, separated or unmarried. Parents must share a basic obligation based on their income and what intact families spend on their children.

What does it mean when a divorce is split?

Bifurcation means that both parties in a divorce can legally declared as a single person while the other issues in their divorce are still being worked out. It does not affect things such as child custody, visitation, child support, alimony or other contentious issues that may have stalled or become major sticking points that are keeping the divorce from being finalized.

What happens if you file a contempt of court charge?

The state may step in to assist in collecting payments and could resort to income withholding, intercepting income tax refunds, property liens or seizures, revoking professional licenses or driver’s licenses, and in serious cases, filing contempt of court charges which could result in jail time.

Do spouses have to disclose assets in divorce?

By law, spouses are required to disclose assets as part of the divorce process. Each spouse must disclose to the other the amount and type of assets they have so there can be an equitable division of those assets. This will also factor into child support and alimony as part of the final divorce decree.

Is inheritance considered separate property in Colorado?

In Colorado, any gifts or inheritance that was given to one spouse and not commingled with marital property or funds is considered separate property. However, the law says that the increase in the value of separate property during the marriage may be subject to division, as if it were marital property.

Is a 401(k) a marital property in Colorado?

Pensions, IRAs, 401Ks and retirement plans are considered marital property in Colorado. However, only the amount of the retirement asset that was earned during the marriage is subject to division.

What is an uncontested divorce in Colorado?

In Colorado, an uncontested divorce is referred to as a "decree upon affidavit," which means that the court can grant your divorce after you submit an affidavit rather than you showing up in court for a hearing. To be eligible for an uncontested divorce by affidavit, you'll have to meet the following requirements:

How long do you have to live in Colorado to file for divorce?

You must meet the state's residency requirements to file for divorce in Colorado. You or your spouse must have lived in Colorado for more than 90 days (Colo. Rev. Stat. § 14-10-106 (1) (a) (I).) In addition, if you have minor children with your spouse, they must have lived in the state for at least 181 days prior to filing.

What happens if you get an affidavit for divorce without appearance?

Once the court receives all of your paperwork, including an Affidavit for Decree without Appearance, the judge will decide whether to grant the divorce immediately or require the spouses to appear for a hearing first. Different judges may have different reasons for asking a divorcing couple to appear for a hearing.

Why do divorce judges hold hearings?

Sometimes, the judge will hold a hearing to ask the spouses questions to ensure they meet all of the requirements or make sure the separation agreement is fair to both spouses.

How long does it take for a divorce decree to be signed?

The judge can only sign the decree of dissolution after at least 91 days have passed since the spouses filed the affidavit. If you have signed a separation agreement with your spouse, the court will attach your agreement to the decree of divorce.

Can you get divorced by affidavit in Colorado?

Requirements for Divorce by Affidavit. In Colorado, you can finalize an uncontested divorce by "decree upon affidavit," which means that the court can grant your divorce after you submit an affidavit rather than you showing up in court for a hearing. To be eligible for an uncontested divorce by affidavit, you'll have to meet ...

Can a spouse hire an attorney for an uncontested divorce?

Spouses can try to handle everything themselves or use an online service that eases the process. Even though there's no court battle in an uncontested divorce, one or both spouses can hire attorneys to help them through the uncontested divorce.