how to divorce in colorado without a lawyer

by Brent Carter 8 min read

Steps In Getting Divorced Without Attorney In CO.

  • Ensure your residency requirements. Colorado law requires that you or your spouse must have lived in the state for at least 91 days before you can ...
  • Complete the paperwork. You will have to file a “Petition for Dissolution of Marriage” alongside other relevant documents with your county district ...
  • Serve your spouse. After you’ve filed for divorce, you must officially inform your spouse by providing (“serving”) them a copy of the divorce papers.
  • Attend your court dates. During your filing at the courthouse, the clerk will give you a Case Management Order which contains information and court ...

Steps In Getting Divorced Without Attorney In CO
  1. Ensure your residency requirements. 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. ...
  2. Complete the paperwork. ...
  3. Serve your spouse. ...
  4. Attend your court dates. ...
  5. Await the judge's decision.
Mar 12, 2019

Full Answer

How to do your own divorce without a lawyer?

How much does a divorce cost in Colorado without a lawyer? It will cost you $230.00 to file a petition for dissolution of marriage in the state of Colorado. If you are not married, you will have to pay $225.00 to file a petition for allocation of parental rights (a custody case in which the parties are not married).

How do you file for divorce without an attorney?

Every Colorado divorce (or dissolution of a domestic partnership/civil union) begins with the Petition. If you file first, you are known as the Petitioner and your spouse will be the Respondent. There is no legal advantage to being the Petitioner vs. the Respondent. The Forms: JDF 1101 – Petition for Dissolution of Marriage

Can I file my own divorce without a lawyer?

Mar 12, 2019 · If you represent yourself in your Colorado divorce, these are the steps you must follow: Ensure your residency requirements. Colorado law requires that you or your spouse must have lived in the state for at... Complete the paperwork. You will have to file a “Petition for Dissolution of Marriage” ...

How can I get a quick divorce in Colorado?

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.

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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.

Can you get a divorce in Colorado without going to court?

No divorce can be granted in Colorado without court approval so you will need to navigate the legal processes first. Besides, the emotional fallout that can result even in uncontested divorce cases should not be underestimated – especially if you have children together.

Can You Do Your Own divorce in Colorado?

Can you do your own divorce in Colorado? Yes - every year, people who are willing to spend the time to educate themselves, and fill out the forms properly, can, and do, successfully obtain their own divorce without the assistance of counsel.

How much does an uncontested divorce cost in Colorado?

You may be surprised to hear that the average cost of a divorce in Colorado is between $9,800 and $11,800, according to research from Martindale-Nolo. This includes the cost of hiring the lawyers and/or mediators from the beginning to the end of the process, as well as filing fees, court fees and other sundry costs.

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.

How do I start the divorce process in Colorado?

Steps to File for Divorce in Colorado1) Initial Petition for Divorce: Both parties or one person must file in Colorado. ... 2) Review All Divorce Documents from the Court: ... 3) Personal Service and Proof of Service: ... 4) Complete All Colorado Divorce Forms: ... 5) Initial Status Conference: ... 6) Divorce Mediation:More items...

Is Colorado a 50/50 State divorce?

Colorado Is an Equitable Division State Colorado law requires that division of property in divorce be “equitable and fair,” which means that it doesn't necessarily have to be a 50/50 split. By contrast, community property states hold that all property accrued during a marriage is subject to a 50/50 distribution.Sep 13, 2021

Can I get a divorce without going to court?

It is possible to get divorced without going to court, as long as your partner agrees to the divorce and the reasons why. However, it is still possible that you will need to go to court to decide what happens to money, property and children.Apr 26, 2018

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.

Does it matter who files for divorce first in Colorado?

In general, the answer is no. It does not make any difference to the Colorado judges if you decide to take matters to the courtroom.Apr 13, 2020

How long is the divorce process 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 long after a divorce can you remarry in Colorado?

Colorado only has a waiting period for divorce, which is 91 days after the filing of a petition for dissolution of marriage. There is no limit on when you can get married after you are officially divorced.

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.

Can I divorce in Colorado without a lawyer?

But assuming your divorce is amicable (or heading in that direction), you can do this without full representation by a lawyer. Just remember, this is a process that you can’t avoid – but that doesn’t mean you need to struggle with it alone or spend $21,700 (the average cost of divorce per person in Colorado).

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 ...

What is the first court date?

The very first court date is always the Initial Status Conference, which is not a hearing but a court meeting with you and your spouse. After this, you may have other court dates such as mediation or a hearing, depending on the judge’s discretion. Await the judge’s decision.

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.

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 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.

What does divorce mean?

A divorce can mean a significant change in lifestyle or the need to make difficult decisions, things that are not easy at the best of times. Add to that increased stress, heartache, and even depression, and things start to look and feel even worse.

Why is family counseling important?

Family counseling or therapy can benefit those that are struggling emotionally, combatting stress, anxiety, and a general sense of dysfunction . It is helpful for families struggling through changes including divorce. This type of therapy helps families move past their struggles and learn individual and group skills for coping with inner and outer stressors.

How long does it take to get divorced in Colorado?

The minimum amount of time necessary to complete a divorce in Colorado is 91 days, but most divorces take longer than 91 days between initial filing of the petition and the final hearing.

What to do if you cannot agree to a divorce?

If you and your spouse cannot agree on the major issues in how your marriage should be dissolved, you will probably need to hire an attorney to represent you in this complex divorce proceeding.

What happens if my spouse doesn't respond to my divorce petition?

If your spouse does not provide any response to the divorce petition, then the judge will assume that the Respondent has abdicated any right to participate in the case. The judge will probably grant many, if not all of the requests by the petitioner regarding child custody, support and property distribution in the original petition. However, some Colorado judges demand a filed response before allowing the petitioner to submit evidence.

What are the main points of contention in divorce?

Almost always, the major points of contention in most divorces involve issues of property division, child custody or spousal support. If you and your spouse fail to come to an agreement on these issues, you should know how Colorado courts often rule.

How long does it take to respond to a divorce petition?

Once your spouse has been served, they will have 20 days to respond to the Petition. These responses are classified as.

What is the Colorado custody law?

As in most states, Colorado determines “parental responsibilities” based on the best interests of the child, and usually awards joint custody to both parents. The judge will consider many factors including:

What is the division of marital property in Colorado?

Division of property may occur in several ways. Colorado courts favor a 50/50 division when it comes to marital property, but they may use many methods for the actual distribution.

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.

How to split retirement funds?

Legally splitting pensions and other retirement funds are a multiple step process. First, a divorce decree must order that these assets be divided. A qualified domestic relations order, more commonly referred to as a QDRO must then be created.

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 is the contribution to the marriage by each spouse?

Contributions to the marriage by each spouse including contributions as a homemaker and caring for children. The duration of the marriage. Did one spouse contribute to the education or career advancement of the other spouse. Did one spouse put their career on hold for the good of the marriage.

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.

How to get a copy of divorce decree in Colorado?

To obtain an original copy of a divorce decree in Colorado, contact the county district court that issued the document.

How much does it cost to dissolve a marriage in Colorado?

The filing fee to start the dissolution of the marriage process in Colorado is $230. If you file additional motions or requests with the courts, you will be charged additional fees as well. If you can’t afford to pay fees associated with filing for a divorce in Colorado, you may be able to have the filing fees waived.

What does it mean when a divorce is split?

Bifurcation means that both parties in a divorce can legally declare themselves 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 is legal separation?

Legal separation means that couples are able to reach an agreement on a division of assets, child custody, child support, alimony and other important issues, without having to go through a divorce. It is a legal process that must be taken care of through a court process.

What does it mean when a party lacks the capacity to consent to a marriage?

A party lacked the capacity to consent to the marriage either due to mental incapacity or infirmity , the influence of alcohol, drugs, or other incapacitating substances; A party lacked the physical capacity to consummate the marriage and the other party did not at the time of the marriage know of the incapacity;

What happens if you don't agree with your spouse?

Litigation is an attorney-driven process. While the majority of cases settle before going to trial, that doesn’t mean litigation won’t wreak havoc on you and your kids.

How to get financial information for divorce?

Before you jump in to collecting financial information, take the following steps: Open a new checking and savings account in your name alone. Open a credit card in your name alone.

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