While it is possible for a Colorado resident to obtain a divorce within 90 days from the date that the summons and petition are filed with the court, there are a number of mitigating factors that can increase the length of the divorce process. Be careful! If you make a mistake when filing for divorce in Colorado, the entire process is likely to take longer. Couples considering divorce are encouraged to seek legal counsel. When obtaining a divorce in Colorado, either one of the spouses must have resided in the state for 91 days before divorce procedures begin.
There is no need to prove grounds for divorce. Individuals should file a Petition for Legal Separation in the county where they or their spouse reside. At least one spouse must be a legal resident of the state for at least 91 days before the petition is filed. Once terms have been agreed upon and the court has accepted the petition, at least 90 days must pass before a Decree of Legal Separation is finalized.
Some couples find that legal separation works indefinitely; however, the state of Colorado allows either spouse to convert the legal separation into a full divorce after a six-month waiting period passes. Spouses who wish to make changes to the terms may approach the court to do so. Colorado divorce proceedings are different for couples with children than they are for couples without children. Couples may opt to file jointly or on their own. In either case, the couple or individual must file for divorce in the county where they or their spouse resides.
When filing for divorce on their own, individuals must have the other party served with copies of all three documents. The service must be conducted by an uninvolved third party aged 18 or older. A notarized Return of Service serves as proof that the other party was served, and must be provided to the court.
- Uncontested vs Contested Divorce;
- amazon standard identification number database.
- marple stockport sk6 6es white pages.
- list of nokia phones with price!
- Colorado Divorce Process Explained Step by Step - eDivorce.
After reviewing the documents, the court may require an initial status conference. If both parties are able to agree on all issues, the court may issue a final divorce decree on or after the 92nd day after filing. If both parties are unable to agree on all the issues, they may be required to attend mediation. In addition, a contested hearing date may be set. Only after all issues have been settled will the court provide a final divorce decree. The state of Colorado provides PDF files of essential divorce documents online, however, state law prohibits employees from providing legal advice.
Parties with questions and concerns are encouraged to seek legal assistance.
Many lawyers offer free consultations. You should also factor in additional costs such as miscellaneous legal court fees. As a middle ground, you can opt for mediation instead — a less expensive option for coming to terms with your spouse in regards to custody. You can also request a public mediator from State Office of Dispute resolution.
Family Law and Divorce FAQs
You are still expected to pay a fee for the services, but depending on your circumstances the fee can be waived or reduced. If matters of residence, custody, and visitation cannot be settled between the parties, or with mediation, the case must go to court leading to more costs. In some cases, even when the court has settled issues around minor children, and issued orders, one or both parents still may not cooperate with these orders or each other. For example, they may withhold child support, deny visitation , or return children for custody changes.
When this happens, the couple may find themselves back in court, which can lead to additional legal fees paid directly to the courts, and to lawyers. There may even be fines involved for failing to abide by court orders.
How to File for a Divorce in Colorado | LegalZoom Legal Info
For the most complex custody cases, the court may appoint a Child and Family Investigator or Parental Responsibilities Evaluator to look into your family matters. These trained professionals analyze your family situation and advise the court on further decision making in terms of visitation, living arrangements, and custody.
A Parental Responsibilities Evaluator can also perform a mental health assessment of both parents. If you are considering the cost of a divorce, don't assume that you will pay less money just because your child is over The age of majority in Colorado is 19, and parents are generally expected to provide support until children graduate from high school.
One parent may also be obligated to keep the child covered on their health insurance, or make expected contributions to the child's post-secondary education if that is an agreement made between both parties. Financial disagreements with your soon-to-be ex also ramp up the divorce costs. Alimony disputes often require involving additional experts such as financial or vocational analysts to provide evidence in your favor. Demanding high support payments often escalates the conflict between you and your spouse which, in turn, can result in extended divorce proceedings on purpose or not.
Someone wishing to avoid paying alimony should balance the costs of paying a lawyer to fight for them with the estimated amount of money they might spend on alimony itself.
This is especially true if a lawyer advises them that they are likely to lose their bid. Of course, the same can be said for someone pursuing spousal support. High-net-worth couples should prepare for more protracted and more expensive proceedings, especially if they go to trial.
Several factors can make a high net worth divorce more complex, thus more costly. The first thing to consider is the existence of any pre or post-nuptial agreements. These are almost always a good thing to have in a high-net-worth marriage. However, if they are challenged in the divorce proceedings, things can get more expensive. Many wealthy couples accumulate real estate assets outside of their family home. They may own investment properties, business real estate, or vacation property. Depending on the terms of the divorce, this property will need to be sold, divided between the parties, or otherwise settled.
Next is business ownership. Couples often start businesses together. Even when the company is owned and controlled by just one spouse, the other may have rights to it through the marriage. Lawyers will need to be paid to sort these situations out and provide adequate advice. Unfortunately, high-net-worth divorces can bring out the worst in people for a variety of reasons. They may be tempted to use their attorneys to fight over everything.
Not only can this draw out the divorce, but it also makes it exceptionally more expensive. This means that the Judge is not concerned with why the marriage is ending or who did what that resulted in divorce. Many people find it hard to accept that as far as the court is concerned it does not matter why the marriage is ending or who is at fault, but that is the law in Colorado. The experienced family law attorneys at Gasper Law Group can advise you in this regard based upon the specific facts of your case. In an uncontested divorce , you and your spouse agree on all issues from the beginning.
The differences between divorce, annulment and legal separation
If you disagree on any issues, the case will be considered a contested divorce. Colorado law does recognize legal separation.
The process is the same as getting a divorce, with the difference that when the Decree of Legal Separation issued the parties remain married. It is important to know that either party can change the Legal Separation to a divorce at any time during the proceeding or within 6 months after the decree has been entered. There are a few reasons clients decide to do a legal separation. Usually it is because at least one party realizes that the marriage is not working and they want to allocate financial obligations, assets, parenting time, or alimony and leave open the possibility of reconciliation.
Another typical reason would be religious beliefs. Some faiths do not recognize divorce. Here it is important to note that the other party can change a legal separation to a divorce at any time, and a party cannot stop that based upon their religion. The experienced family law attorneys at Gasper Law Group can advise you as to whether a legal separation fits your situation. There are many issues that must be resolved when a divorce occurs, including division of property and debts, child custody and support, and spousal support, among others.
A marital settlement sets out how you have agreed — or how the court has ordered — for each of these issues to be resolved. In some cases, an agreement may be entered into during the separation phase. This can be integrated into the final settlement. Best-case scenario, the parties decide how they will divide their property and debts.
Under Colorado law, all assets and debts acquired during the marriage are part of the marital estate and are up for equitable division as part of the divorce process. In many cases the parties agree as to who will take what assets and who will pay what financial obligations. This agreement may come early on, in which case the case will likely be uncontested, or it may come after the parties have participated in mediation after their attorneys have compiled their financial information and advised them.
Ultimately, the court will decide how the assets and debts will be divided in the absence of an agreement. The experienced family law attorneys at Gasper Law Group can help you through this stressful but very important part of your divorce. Under Colorado law, any asset acquired during the marriage is part of the marital estate and is subject to equitable division upon divorce.
This means that any portion of your retirement or K that was accumulated during the marriage will be divided between the two parties. For example, if you have been paying into your K for 10 years and you have only been married for 5, your spouse would be entitled to a fourth of the total.
If you have been married the entire time you have been paying into your K or retirement plan, the asset will be divided equally. Of course if your spouse has a K or retirement plan, the same goes for that asset.