How to Divorce in Colorado

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parts

1Agreeing on Key Issues

2Filing for Divorce

3Completing Your Divorce

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Expert Q&A

Tips and Warnings

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References

Divorce is an emotional experience, but the process can be pretty straightforward. You’ll begin by filing paperwork with the court and sending copies of the papers to your spouse. However, your divorce will go much smoother if you can agree on key issues, such as child custody, child support, alimony, and the division of marital property.

Steps

Part 1

Part 1 of 3:

Agreeing on Key Issues

1. 
   1
   Reach an agreement on child custody. If you have children together, sit down with your spouse and hammer out an agreement on the following:

   • Who will make decisions for the child. This is known as legal custody and includes things like medical care, religious upbringing, schooling, etc. Typically, courts award both parents this power.
   • Who the children will live with. Usually, the children spend most of their time with one parent and the second parent visits. You can come up with a visitation agreement that works for you.
2. 
   2
   Discuss child support. Both parents must financially support their children. Typically, the parent who isn’t the primary caregiver must pay child support to the other parent. The amount will depend on how much each parent makes and the amount of time they spend with the children.

   • The judge will use a formula to calculate child support, and they typically don’t go below the formula amount. However, you should discuss whether your child has any special needs. A judge can award more child support in these situations.
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3. 
   3
   Decide if either spouse wants alimony. In Colorado, alimony is called spousal maintenance. It is a sum of money one spouse pays to the other for a certain amount of time. Alimony can be temporary, lasting only during the divorce, or it can last for a longer period of time.

   • You’ll probably only get spousal maintenance if you weren’t working because you were taking care of a child, were disabled, or had another valid reason.
4. 
   4
   Divide your marital property. Marital property is property you acquired as a married couple: real estate, vehicles, cash, stocks, bonds, and personal property. It is not property you brought into the marriage or anything you inherited while married. Generally, Colorado judges consider anything you acquired while married to be marital property. See if you and your spouse can divide it.

   • Courts will divide the property “equitably” or “fairly.” This doesn’t necessarily mean a 50/50 split, especially where one spouse makes a lot more money than the other. In that situation, the court might give the wealthier spouse less marital property.
5. 
   5
   Divide your marital debts. Just like property, marital debts must also be divided. In Colorado, most debts acquired during marriage are considered marital debts, even if only one spouse signed for the debt. They will be allocated equitably, so the partner with the higher income may get the higher debt.

   • You can divide the debts 50/50 if both spouses make about the same.
   • Alternately, you can divide your debts based on who took out the debt. For example, each spouse might pay for their student loans or their car loans.
6. 
   6
   Draft a separation agreement. If you reach an agreement on any of the above issues, you should put that agreement in writing. Draft a marital separation agreement and have both spouses sign it.

   • The Colorado courts provide a marital separation template you can use. You can download it when you download your other divorce forms.
7. 
   7
   Create a parenting plan. Each parent must submit a parenting plan to the court. If you agree on child custody, you can submit a joint parenting plan. However, even if you can’t reach an agreement, each parent must submit their own preferred parenting plan. Download the template from the court’s website.
8. 
   8
   Consult with an attorney. You probably won’t need an attorney if you and your spouse agree on all key issues. However, a divorce attorney is helpful if you have any legal questions or if you disagree on child custody, spousal maintenance, or the division of property.

   • Obtain a referral to a divorce attorney by using the Colorado Bar Association’s Find a Lawyer tool: http://www.cobar.org/Find-A-Lawyer.
   • If you can’t afford an attorney, a family court facilitator might be able to help you. You can find your nearest facilitator here: https://www.courts.state.co.us/userfiles/file/Self_Help/FamilyCourtFacilitators/FCF%20List(2).pdf. Facilitators can look over your paperwork and make sure you have completed everything, but they aren’t a substitute for a lawyer.
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Part 2

Part 2 of 3:

Filing for Divorce

1. 
   1
   Find the correct court. You should file in the county where you or your spouse resides. Remember that at least one spouse must have lived in Colorado for at least 91 days.

   • You can’t move to Colorado for 90 days just to divorce. Instead, you must intend to make the state your permanent home. This is also known as being domiciled in the state.
2. 
   2
   Obtain divorce forms. The Colorado courts have published “fill in the blank” forms that make getting a divorce easy. You can download the packet of forms from the court’s website, or you can stop into the court clerk’s office and ask for forms. The forms will differ depending on whether you have children or not.

   • If you don’t have children, you can download your forms here: https://www.courts.state.co.us/Forms/Forms_List.cfm?Form_Type_ID=68.
   • If you do have children, download your forms here: https://www.courts.state.co.us/Forms/Forms_List.cfm?Form_Type_ID=14.
3. 
   3
   Fill out your forms. To start the divorce, you’ll need to complete a petition, case information sheet, and summons. Take your time and fill out each form completely and accurately. Double check your information to make sure you haven’t overlooked anything.

   • You have the option of filing divorce jointly, in which case you won’t need to fill out a summons.
   • Many forms must be signed in front of a notary public. You can find a notary at the courthouse. Take acceptable personal identification, such as your driver’s license or passport.
4. 
   4
   File your forms with the court. Make two copies of the completed packet. You'll keep one copy for yourself and serve the other on your spouse. Take the copies and the originals to the court clerk and ask to file. You’ll need to pay a filing fee. As of 2017, the filing fee is $230.

   • You can request a fee waiver if you can’t afford the fee. The judge must approve your request.
5. 
   5
   Serve your papers on your spouse. Your spouse has a chance to respond to your divorce petition. For example, they may request child custody or alimony, or they might object to your requests for the same. For these reasons, you must serve copies of your divorce papers.

   • Your spouse might agree to accept service. In that situation, they should complete a Waiver and Acceptance of Service form and sign it in front of a notary public. You can download this form from the court’s website. If your spouse waives service, you can hand them a copy of your papers.
   • Otherwise, you’ll have to arrange service. Generally, you can have the sheriff or a process server make delivery for a small fee. You can also have someone 18 or older make hand delivery, so long as they are not a part of your divorce.
6. 
   6
   Complete other forms. After you have papers served, you’ll need to file other forms, such as sworn financial statements, which you must sign in front of a notary public. You can download all of these forms from the court’s website or get them from the court clerk.

   • You’ll have to send copies of these forms to your spouse and file the originals with the court.
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Part 3

Part 3 of 3:

Completing Your Divorce

1. 
   1
   Read your spouse’s response. Your spouse can file a response to your divorce petition. You’ll receive a copy, which you should read closely. Check if your spouse is fighting you on child custody, spousal maintenance, or the division of property.
2. 
   2
   Attend a status conference. If you disagree on any issue, then your divorce is contested and you’ll probably have to attend a status conference. This will be determined by a mandate from the court. At the conference, you’ll discuss what issues you disagree on. If a conference is required, the court should tell you what documents to bring.
3. 
   3
   Mediate any disputes. The judge might require that you participate in mediation. You’ll meet with a neutral third party (the mediator) to talk about the dispute. Mediators are skilled at getting people to listen to each and reach agreement.

   • Mediation will save you time and money if you can agree on all issues, so give it your best shot.
4. 
   4
   Finalize an uncontested divorce. In an uncontested divorce, the court can grant your divorce after you submit an affidavit. This will generally take the place of you actually having to show up in court.

   • From start to finish, a divorce takes at least 90 days to complete.
5. 
   5
   Finish a contested divorce. No two contested divorces are the same. However, you generally can expect to be in court regularly, maybe even once a month. Your contested divorce will culminate with a contested hearing on all issues you and your spouse cannot agree on.

   • You can present witnesses at the contested hearing. For example, if you are fighting over child custody, you can call people to testify about your relationship with your children.
   • You will probably also have to testify on your own behalf. If you have a lawyer, they can help you prepare your testimony, otherwise you should prepare a statement to deliver in court.
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Expert Q&A

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• Question

  After you split the assets equally what on-going support does one spouse have to provide and to what age does that occur. We have no kids. Husband is 60 years old and the only bread winner. Wife is 58 and has several health issues. Is the husband required to provide on-going financial support?

  

  Lahaina Araneta, JD
  Attorney at Law

  Lahaina Araneta, Esq. is an Immigration Attorney for Orange County, California with over 6 years of experience. She received her JD from Loyola Law School in 2012. In law school, she participated in the immigrant justice practicum and served as a volunteer with several nonprofit agencies.

  

  Lahaina Araneta, JD

  Attorney at Law

  Expert Answer

  This decision is up to the judge.

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• Question

  How many months of bank statements do you need to provide?

  

  Lahaina Araneta, JD
  Attorney at Law

  Lahaina Araneta, Esq. is an Immigration Attorney for Orange County, California with over 6 years of experience. She received her JD from Loyola Law School in 2012. In law school, she participated in the immigrant justice practicum and served as a volunteer with several nonprofit agencies.

  

  Lahaina Araneta, JD

  Attorney at Law

  Expert Answer

  It depends on the length of your marriage and the property contested. Consult with your attorney to determine your specific needs.

  Thanks! We're glad this was helpful.
  Thank you for your feedback.
  If How.com.vn has helped you, please consider a small contribution to support us in helping more readers like you. We’re committed to providing the world with free how-to resources, and even $1 helps us in our mission.Support How.com.vn

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• Question

  How do I tell if I qualify for alimony?

  

  Lahaina Araneta, JD
  Attorney at Law

  Lahaina Araneta, Esq. is an Immigration Attorney for Orange County, California with over 6 years of experience. She received her JD from Loyola Law School in 2012. In law school, she participated in the immigrant justice practicum and served as a volunteer with several nonprofit agencies.

  

  Lahaina Araneta, JD

  Attorney at Law

  Expert Answer

  This depends on your situation - if you are gravely financially affected by the divorce, you may qualify.

  Thanks! We're glad this was helpful.
  Thank you for your feedback.
  If How.com.vn has helped you, please consider a small contribution to support us in helping more readers like you. We’re committed to providing the world with free how-to resources, and even $1 helps us in our mission.Support How.com.vn

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Tips

• If you have children, you may be required to attend a parenting class before you can divorce. Check with your court.
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• Colorado is a “no fault” state. The only recognized ground for divorce is that you and your spouse no longer get along (irreconcilable differences).
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