how to get a divorce without a lawyer in colorado

by Stella Carter 4 min read

  1. Filling the Required Paperwork Out. Filing for divorce is often the part that gets people confused, especially if you’re doing it without a lawyer.
  2. Filing Your Divorce Papers With the Court. After your papers are ready, they must be filed with the Colorado court in the county that either of the spouses ...
  3. Serving the Documents to Your Spouse. If you and your spouse have filed your divorce documents with the court as co-petitioners, this step isn’t necessary.
  4. Attending the Hearing. Once you file your affidavit with the court, it is up to the judge to decide whether you should immediately be granted a divorce or ...

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

More items...

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

Is divorce contested?

Can you serve divorce papers?

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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.

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 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 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.

Can I divorce without going to court?

An uncontested divorce is one in which you and your spouse work together to agree on the terms of your divorce. You will both consult with the same attorney, who will be unbiased and impartial. There is no formal trial, and only the plaintiff appears in court.

What is the cheapest way to get a divorce Colorado?

The fastest and cheapest way to obtain a divorce in Colorado is to file a joint petition with your spouse. This document should detail your agreement on the following matters: Shared property division.

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 the easiest way to get divorced?

Divorce by mutual consent is considered to be the quickest and the easy way to get a divorce in India, under Section 13 B of the Hindu Marriage Act, 1955. The process under mutual consent divorce is considered to be inexpensive and non-tortuous.

Can you get a quick divorce?

It Is Possible to Get a Quick Divorce The divorce process does not have to take years or even months. If you're able to come to an agreement with your spouse about custody, visitation, spousal support, and division of property, your divorce can proceed through divorce court rather quickly.

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.

What is considered abandonment in a marriage in Colorado?

First, there is no such thing as abandonment under Colorado law. Colorado is a no-fault divorce state. So, if you do decide it is best to move out, your spouse cannot, in most cases, use this against you in a child custody dispute.

Can a spouse kick you out of the house in Colorado?

Can a Spouse Kick You Out of the House in Colorado? Until the court issues an order regarding who can stay in the marital home, neither spouse has any legal right to force the other to leave. The only exception to this is a spouse can be forced out via a Protection Order.

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.

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?

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.

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 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.

How long does it take to get divorced in Colorado?

So the Court cannot finalize your divorce until 91 days after your initial petition is filed.

What is an uncontested divorce?

An uncontested divorce is when you and your spouse essentially reach agreement on all issues, but one of you has an attorney draw up the paperwork and negotiate any remaining issues, as well as pointing out any issues you have missed or have not thought about. Mediated Divorce.

What is a mediated divorce?

A mediated divorce is when the parties hire a divorce attorney to act as a mediator who assist them in settling their issues and then preparing the appropriate paperwork. This is quick, keeps the parties out of Court, and is usually much less expensive than a normal divorce. You should remember, however, that no matter how quickly you resolve your ...

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.

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.

Is marital property divided in Colorado?

Marital Property in Colorado. Colorado is governed by equitable distribution. This means that all marital property is divided fairly among two divorcing spouses. It does not mean that the division will be a 50/50 split, but rather what is considered appropriate based on a number of circumstances. Only marital property is considered ...

What does "pro se" mean in divorce?

Pro-se stands for a divorce without a family lawyer. In other words, you are representing yourself – prepare the required documents, fill them out properly, and submit to the courthouse.

Is an uncontested divorce better than a pro se divorce?

An uncontested divorce is probably a better-known option to pro-se divorce. In this scenario, both spouses agree to the divorce and all of the divisions and issues. But they also agree that one of them will hire a family law attorney and have them complete all of the paperwork, as well as file it. The benefit of this option is that an experienced professional will ask the right questions and ensure that no critical details are left out.

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.

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