how to file for divorce without a lawyer denver co

by Valerie West 7 min read

By filing an Affidavit for Decree without Appearance of Parties, you will sidestep any expensive legal proceedings and can conclude the divorce without an attorney. The fastest way to file a divorce online is to use a service like 3stepDivorce.com. You answer questions and your divorce paperwork is filled out and you can be done within hours.

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

When to file an uncontested divorce in Colorado without a lawyer?

Feb 25, 2022 · A divorce proceeding in Colorado begins with the submission of a completed Petition for Dissolution of Marriage or Legal Separation to a county clerk. You must also provide the following documents: Make at least two copies of all submitted documents. You must file the Petition with the Clerk’s Office of the county court in the county of residence.

Do I need a lawyer for a divorce in Colorado?

Mar 12, 2019 · Here is an overview of the divorce process in Colorado, and why you need the help of an attorney. Steps In Getting Divorced Without Attorney In CO. 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 least 91 days …

How do I file for divorce in Colorado?

This article is meant for people who want to file for an uncontested divorce or learn how to do it themselves in Denver, CO. Here are a few easy steps and procedures that must be completed to file an uncontested divorce in the state of Colorado. To follow along visually Download our Colorado Divorce Flowchart HERE. Prepare and File Initial Petition

Can I enforce a divorce in Colorado from another state?

Using OnlineDivorce.com is the fastest way to initiate a divorce in Colorado. You can get the divorce paperwork completed from the comfort of your home and be confident that everything is done correctly. All that is left to do is file the divorce paperwork with a local courthouse. Everything can be done without a lawyer.

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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.

How much does it cost to file for divorce in Denver?

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:
  1. Do It Yourself (pro-se). ...
  2. Uncontested Divorce. ...
  3. Mediated Divorce.

Can You Do Your Own divorce in Colorado?

You and your spouse can file for divorce together, or you can file the divorce case on your own. You decide if you want to file together or file on your own. The court cannot make this decision for you.

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

six months
How 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.

Is Colorado a 50/50 State divorce?

Colorado is not a "community property" (50/50) state -- but is an "equitable division" state. For example, your retirement fund may be worth $300,000.00 after 10 years. You marry and the following year, your retirement grows by $2,000,000.00. You remain married for 1 year, only.

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

Can you divorce without a lawyer?

Divorce is of two kinds - Mutual consent divorce and contested divorce. A mutual consented divorce is an easier and faster way you can get a divorce without a lawyer. For obtaining a divorce mutually, both the parties must agree that the divorce should take place, and decided on other relevant factors.

How much does a 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 papers do I need to file for divorce?

What Documents do I Need to File for Divorce?
  • Copy of Your ID Document and/or Passport,
  • Proof of Your Income Tax Number (Salary Slips / Tax Return) and.
  • Proof of Your Residential Address.
Jun 1, 2017

Where do I file for divorce in Denver?

Your divorce paperwork can be filed at the City and County Building on 1437 Bannock Street in Room 256. You can reach the court at (720) 865-8301, and get more Denver courthouse information online.Jun 22, 2017

What is a legal separation in Colorado?

Legal Separation in Colorado

A legal separation is when a couple divides assets and lives separately, but they are technically still married in the eyes of the law. Legal separation is not the same as if you and your spouse decide on your own to split assets and live apart.
Apr 24, 2017

Is there a divorce in Colorado?

Grounds for Divorce in Colorado. Colorado is a “no fault” divorce state and only requires that you and your spouse cannot resolve your differences. A judge may allow a divorce to proceed even if only one spouse is seeking a dissolution to the marriage.

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.

Is Colorado a no fault divorce state?

Colorado is a “no fault” divorce state and only requires that you and your spouse cannot resolve your differences. A judge may allow a divorce to proceed even if only one spouse is seeking a dissolution to the marriage.

Is there a 50/50 division in Colorado?

Colorado courts favor a 50/50 division when it comes to marital property, but they may use many methods for the actual distribution. Indivisible assets may be provided to one spouse, while another asset of equivalent value is assigned to the other spouse; or they may be sold with profits divided accordingly.

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 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 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.

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 ...

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.

Can you serve papers yourself?

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. During your filing at the courthouse, the clerk will give you a Case Management Order which contains information and court schedules around your case.

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.

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.

Colorado Divorce Forms

The Colorado divorce process requires that parties file paperwork specific to the type of divorce sought. Couples seeking a divorce in Colorado can find the relevant forms at the website of the Colorado Judicial Branch . Divorce forms should be filed in the county where the couple resides.

Representation in Divorce

Couples can file for divorce themselves, or enlist the aid of a divorce lawyer to help with filing the relevant divorce papers and representing a party in divorce court.

Filing & Serving Divorce Papers

Divorce papers can be filed and served easily with the help of a divorce lawyer. Without a divorce lawyer, one can file for divorce pro se – that is, on your own behalf. If both parties agree on the conditions of the divorce, filing pro se can be simple. However, this is not always the case.

Key Divorce Issues

A divorce can be easy or difficult, depending on whether both spouses agree on issues like child custody, child support, alimony, and marital property division.

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

In Colorado, either spouse must have lived in the state for at least 91 days before filing the paperwork for divorce. 2. Obtain and fill out the court forms. If your spouse agrees to have an uncontested divorce, you can file an “Affidavit for Decree without Appearance of Parties.”.

Can a divorce in Colorado have children?

In a Colorado divorce with children, priority in custody disputes is always the child’s best interests. Colorado Revised Statutes § 14 -10-124 (1) states, “it is in the best interest of all parties to encourage frequent and continuing contact between each parent and the minor children of the marriage after the parents have separated or dissolved their marriage.” That is why Colorado judges express a preference for parents to share child custody.

What is an uncontested divorce?

An uncontested divorce means that you have no intention to take your divorce case to trial and want to resolve child custody, alimony, and property division amicably.

Does Colorado require fault based divorce?

Like many other US states, Color ado does not require any fault-based grounds to finalize a divorce. It means that even in cases of adultery or misconduct, it will not affect the court’s decision on property division or maintenance.

Can mediation help with divorce?

Mediation can be of great help in a divorce done by yourself, even if the spouses cannot achieve consensus on one or more issues. In a DIY divorce, you and your spouse may stumble on some obstacles, but a skillful mediator is there to help you out without compromising your interests.

How long does it take for a divorce to be finalized?

The court cannot finalize your divorce earlier than 90 days after filing the divorce paperwork. The timeline requires that the petitioner files the paperwork, serves the spouse, waits for the spouse’s response (21 days), or the spouse’s discovery (90 days), and attends a hearing.

Does Colorado have alimony?

Colorado Family Law does not provide an automatic right to alimony or spousal maintenance. However, if the requesting spouse specifies a lack of employment to support themselves, an intensive schedule of childcare, or any other reason for spousal maintenance, the court may award it.

What is a CMO in court?

A Case Management Order (CMO), asking to provide extra documents or perform mandatory action (e.g. attend parenting classes) by a certain deadline. Notice of initial status conference (ISC) — a date when you’ll need to appear to the court and file the remaining documents.

What is an ISC notice?

Notice of initial status conference (ISC) — a date when you’ll need to appear to the court and file the remaining documents. After meeting with the clerk, make a copy of the signed Summons form and, if you've received them, the CMO and the ISC Notice.

What happens if you are uncontested in divorce?

However, there is one possible point of contention: if one of the parties denied that the marriage existed in the first place, the divorce proceeding can get complex.

How to start the divorce process?

To start the process, you will have to file a common petition for divorce and file any other required documents, detailing your arrangements regarding property division, visitation, or child custody. If your parting is uncontested, the entire process should go fast and smooth.

What is common law marriage?

Common law marriage is an agreement between two people that their relationship is a marriage. Colorado is one of the few states that recognize these unions as legally valid. When a couple in a common law marriage wishes to end that relationship, the state gives them the same rights as anyone that has been legally wed.

Is debt considered marital property?

Items obtained prior to marriage are usually not considered to be marital property, but there are exceptions. Similar guidelines apply to debt. Any debt taken on during a common law marriage is shared by both parties. This is true even for debt that is not in the other person’s name.

Is Colorado a common law state?

Colorado is one of the few states that recognize these unions as legally valid. When a couple in a common law marriage wishes to end that relationship, the state gives them the same rights as anyone that has been legally wed.

What is marital property?

Marital property is any item of value obtained after the couple mutually agreed they were a married couple. With few exceptions, the court will divide this property as evenly as possible between the two parties.

Can you get divorced in Colorado?

While it is not a grounds for divorce in Colorado, domestic violence will impact child custody and visitation rights. A judge will not order shared custody where the threat of violence may be present. Limited and supervised visitation rights may be put into place.

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.

Is debt considered marital property in Colorado?

Debt acquired during a marriage in Colorado is considered marital property. Like assets, debts are also distributed in a fair manner which may or may not mean a 50/50 split. In some cases, a spouse with more income will be required to take on more debt.

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 a QDRO?

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. The QDRO must be approved by the courts and then it can be submitted to the plan administrator who must also approve it.

Who approves QDRO?

The QDRO must be approved by the courts and then it can be submitted to the plan administrator who must also approve it. This establishes that a spouse can be considered an alternate payee, and the retirement vehicle is then divided according to the specifics contained in the QDRO.

Is alimony considered spousal support in Colorado?

In Colorado, alimony is officially known as spousal maintenance, and is granted by a court where it is deemed appropriate by the court, or situations in which “a spouse needs support and the other spouse has the ability to pay support.”

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Colorado Divorce Forms

  • The Colorado divorce process requires that parties file paperwork specific to the type of divorce sought. Couples seeking a divorce in Colorado can find the relevant forms at the website of the Colorado Judicial Branch. Divorce forms should be filed in the county where the couple resides. There is a 91 day residency requirement for couples seeking ...
See more on southdenverlaw.com

Representation in Divorce

  • Couples can file for divorce themselves, or enlist the aid of a divorce lawyer to help with filing the relevant divorce papers and representing a party in divorce court. A divorce lawyer can help save time and money, making the divorce less messy and complicated, and taking emotions out of the equation by providing a source of objective legal advice. A divorce lawyeris a particularly good c…
See more on southdenverlaw.com

Filing & Serving Divorce Papers

  • Divorce papers can be filed and served easily with the help of a divorce lawyer. Without a divorce lawyer, one can file for divorce pro se – that is, on your own behalf. If both parties agree on the conditions of the divorce, filing pro secan be simple. However, this is not always the case.
See more on southdenverlaw.com

Key Divorce Issues

  • A divorce can be easy or difficult, depending on whether both spouses agree on issues like child custody, child support, alimony, and marital property division. There are many steps involved in a Colorado divorce. South Denver law can help you with your divorce. Learn more at southdenverlaw.com/.
See more on southdenverlaw.com