Divorce papers in Colorado — filing for divorce in CO

Online divorce in Colorado

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How to get divorce in Colorado

The information below will help understand more about the divorce in Colorado. 

The key conditions of how to get a divorce in Colorado are:

1

According to the Colorado divorce law the spouse has to be a resident of this state in order to file for divorce in one of the Colorado courts.

2

In Colorado, there is only one reason for divorce. This is the no-fault ground for divorce.

3

The spouse need to be legally married in order to divorce in Colorado.

4

After filling all the necessary forms out the spouse need to print them and sign.

5

Once the spouse filled all the forms out, he or she need to submit them to the court.

Residency:

As it was said above, if the spouses want to get a divorce in Colorado they need to be residents of this state.

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Valid grounds to get divorce in Colorado

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There is the only ground for divorce in Colorado. In Colorado, the spouse does not need to prove that his partner is guilty and he or she is a victim in order to get a divorce.

However, the court may consider each spouse's fault in order to make a decision about the property division.

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Annulment of the marriage in Colorado

There is no difference between annulment and dissolution of marriage in Colorado. The main difference is that when the spouse annuls themarriage, he or she gets a declaration of invalidity of the marriage, it means the marriage has never existed.

Some people think it is easier to annul their marriage than to get a divorce. But this is simply not true. Not everyone can annul his/her marriage. Here are some specific reasons to do it, such as:

  • A spouse was underage when the marriage was entered, and parents or guardians did not sign the documents.
  • A spouse was already married when he/she entered a new marriage.
  • A spouse or spouses were married under pressure, at least one of them did not want to do it.
  • A spouse or spouses were married under the alcohol or drug influence.
  • A spouse can’t have normal sexual life and the other spouse did not know it when he/she entered the marriage.
  • A spouse lied or did not tell about some important fact about him/her before the wedding (pregnancy, uncured disease, alcohol addiction, drug addiction, etc.).
  • The marriage was made between whole blood or half blood relatives.
  • One spouse was married as a jest or dare.
  • Other important reasons the court may consider appropriate to annul the marriage.

Legal separation

If the spouse does not want to get a divorce in Colorado due to healthcare insurance, military benefits or religious beliefs, there is an alternative option called legal separation.

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Custody of the child in Colorado

Custody of the child

When the spouse files for divorce in Colorado, it is to decide who will take care of the child or children. There are two types of custody: sole and joint. Sole custody means that the one parent makes all the important decisions about the child’s health, hobbies, education, religious upbringing, etc. Joint custody does not mean that a child spends equal time with both parents, but it means that they should discuss and make all the important decisions together.

According to the Colorado law all the decision about is, child are based on the best interests of the child. This means there are a lot of factors that influence a child’s life and the court will take them into account. This is a list of factors the court may consider as important in making decision about child custody:

  • Child's wishes.
  • Parents' wishes.
  • Child’s relationship with family members such as brothers, sisters, aunt. uncle, grandmother, grandfather, etc.
  • Child's attitude for the school, neighbors, local community, etc.
  • The mental and physical health of a child.
  • Who cared of a child before a divorce.
  • The mental and physical health of the parents.
  • Parents' age.
  • Any history of drug or alcohol addiction.
  • Any history of domestic violence.
  • Other factors.

Rules for child support in Colorado

The calculation of child support is usually based on the parents' income. Sometimes parents do not want to pay a child support and start to work on some low-paid job. The court may consider a person guilty if for example, a dentist will start working as a waiter and so on. When a parent has a potential to earn more and does not do it in order to shirk his/her child support obligation the court may punish such person.

There are cases when it is very difficult for a court to decide the amount of a child support. This can be a case when one child stays with a mother and another child stays with a father. In this situation, the court pays attention to all the little details of the case such as the salary of each partner, separated property of each spouse, etc.

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Rules for spousal support in Colorado

Rules for spousal support

Most of the people know that in the USA a lot of spouses after divorce receive a child support each month. But just a few people know that it is possible to receive a spousal support or alimony in order to cover main expenses after divorce.

Sometimes a spouse knows that he/she will not be able to work, because of the disabled child custody. In this case, the court will oblige another spouse to pay alimony as well as child support.

Divorce without a lawyer in Colorado

If the spouse applies for a divorce in Colorado, then there is no need to use the services of a lawyer. Depending on which county the spouse lives, the process of divorce in the state of Colorado can vary.

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Mediation support in Colorado

Sometimes it is very difficult for partners to reach an agreement and they need some help of a third party. That is why mediation support can be a perfect solution to this problem. Usually, a first mediation meeting takes place together with both spouses.

During the mediation session, partners make a parenting plan, negotiate for child support, spousal support, divide their property, talk about child custody and visitation hours. When partners have decided everything during the first session they sign Divorce Settlement Agreement and parenting plan and bring these documents to the court.

On the other hand, if the partners could not reach an agreement during the first session they need to attend the second meeting. Usually, it holds with each partner individually. Sometimes partners cannot say about some kind of abuse or some other important facts from their family life in front of the other partner. That is why it is essential to organize an individual meeting with a partner in order to see the whole picture.

Divorce forms in Colorado

In order to divorce in Colorado, the spouse needs to fill all the necessary forms:

  • Case Information Sheet.
  • Petition for Dissolution of Marriage or Legal Separation.
  • Summons for Dissolution of Marriage or Legal Separation.
  • Parenting Plan (only if the spouse has minor kids)
  • Sworn Financial Statement.
  • Certificate of Compliance with Mandatory Financial Disclosures.
  • Divorce Settlement Agreement.
  • Affidavit for Decree without the Appearance of Parties.
  • Decree of Dissolution or Legal Separation.
  • Pretrial Statement.

Uncontested divorce in Colorado

Uncontested divorce in Colorado

If the spouses can reach an agreement on main issues they can file for uncontested divorce. The main things they need to discuss are: property division, debt and assets division, child custody, child visitation hours, an amount of child support, an amount of alimony or spousal support, etc.

An uncontested divorce can be granted on a non-fault reason as Colorado is a no-fault state. This makes the process of divorce easier and quicker. The spouse can get a mediation support in order to remember to add all the important issues into the Divorce Settlement Agreement and Parenting Plan.

In addition, the spouse need to be a resident of Colorado in order to file to one of Colorado courts. He or she needs to stay at least 90 days in this states.

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