Going through a divorce can be an emotionally and legally complex process, especially in Colorado, where specific laws and procedures must be followed. Whether you’re just starting the process or are already in the midst of it, understanding the steps involved and knowing what to do can help you navigate this challenging time more effectively. Here’s a comprehensive guide on what to do if you’re in the process of a divorce in Colorado.
1. Understand Colorado Divorce Laws
No-Fault Divorce State
Colorado is a no-fault divorce state, meaning that the court does not require either party to prove fault or wrongdoing by the other spouse to grant a divorce. The only grounds needed are that the marriage is “irretrievably broken.”
Residency Requirements
To file for divorce in Colorado, at least one spouse must have lived in the state for a minimum of 91 days before filing. This residency requirement ensures that Colorado courts have jurisdiction over your divorce case.
Legal Separation vs. Divorce
In Colorado, you can choose between legal separation and divorce. Legal separation allows you to live apart and make legal arrangements for issues like property division and child custody without ending the marriage. Divorce, on the other hand, legally terminates the marriage.
2. Initiate the Divorce Process
Filing the Petition
The first step in the divorce process is filing a Petition for Dissolution of Marriage. This document, filed with the district court in the county where you or your spouse reside, formally begins the divorce process.
Serving the Papers
After filing the petition, you must serve the divorce papers to your spouse. This can be done through a process server, sheriff, or any adult over the age of 18 who is not involved in the case. Your spouse then has 21 days to respond if they are in Colorado, or 35 days if they are out of state.
Response to the Petition
If you are the spouse receiving the divorce papers, it’s important to respond within the required time frame. Failure to do so may result in a default judgment, meaning the court could grant the divorce based on the filing spouse’s terms without your input.
3. Temporary Orders
Requesting Temporary Orders
During the divorce process, you may need temporary orders to address immediate concerns such as child custody, support, and use of the marital home. Either spouse can request temporary orders from the court, which will remain in effect until the final divorce decree is issued.
Temporary Orders Hearing
A hearing will be scheduled to address temporary orders. During this hearing, both parties can present evidence and arguments to support their requests. The court will then issue temporary orders based on the best interests of any children involved and the financial needs of both spouses.
4. Gather Necessary Documents
Financial Disclosure
Both parties must complete a Sworn Financial Statement, disclosing all assets, liabilities, income, and expenses. This financial disclosure is critical for fair division of property and determination of support obligations.
Relevant Documents
Gather all relevant documents, including tax returns, pay stubs, bank statements, property deeds, and any other financial records. Having these documents organized and readily available can streamline the divorce process and ensure accurate financial disclosures.
5. Division of Property and Debts
Equitable Distribution
Colorado follows the principle of equitable distribution, meaning that marital property and debts are divided fairly but not necessarily equally. Marital property includes assets acquired during the marriage, while separate property includes assets owned before the marriage or acquired by gift or inheritance.
Mediation and Settlement
Many divorcing couples in Colorado choose mediation to resolve property division disputes. Mediation involves a neutral third party who helps facilitate negotiations and reach a mutually agreeable settlement. This can save time, reduce legal fees, and minimize conflict.
Court Decision
If you and your spouse cannot agree on property division, the court will decide for you. The judge will consider factors such as the length of the marriage, contributions of each spouse, and economic circumstances to determine a fair distribution of assets and debts.
6. Child Custody and Support
Best Interests of the Child
In Colorado, child custody decisions are based on the best interests of the child. Factors considered include the child’s relationship with each parent, each parent’s ability to care for the child, and the child’s adjustment to home, school, and community.
Parental Responsibilities
Colorado uses the term “parental responsibilities” instead of “custody.” This includes decision-making responsibility (legal custody) and parenting time (physical custody). Parents are encouraged to develop a parenting plan that outlines how they will share these responsibilities.
Child Support Guidelines
Child support in Colorado is calculated using guidelines that consider both parents’ incomes, the number of children, and the amount of time each parent spends with the children. The goal is to ensure that the child’s financial needs are met in a manner consistent with their standard of living.
7. Spousal Support (Alimony)
Types of Spousal Support
Colorado recognizes several types of spousal support, including temporary (pendente lite), rehabilitative, and permanent alimony. Temporary support is awarded during the divorce process, rehabilitative support helps the recipient become self-sufficient, and permanent support is less common and typically reserved for long-term marriages.
Factors Affecting Alimony
When determining spousal support, the court considers factors such as the length of the marriage, each spouse’s financial resources, and the standard of living established during the marriage. The goal is to ensure that both parties can maintain a reasonable standard of living post-divorce.
8. Finalizing the Divorce
Separation Agreement
If you and your spouse reach an agreement on all issues, you can submit a Separation Agreement to the court. This document outlines the terms of your divorce, including property division, child custody, and support arrangements. If the judge finds the agreement fair and in the best interests of any children involved, it will be incorporated into the final divorce decree.
Contested Divorce Trial
If you cannot reach an agreement, your case may go to trial. During the trial, both parties present evidence and arguments, and the judge makes decisions on any unresolved issues. This process can be lengthy and costly, so it is often used as a last resort.
Decree of Dissolution
Once all issues are resolved, the court will issue a Decree of Dissolution, officially ending the marriage. This decree includes the final terms of property division, child custody, support, and any other relevant matters. It is legally binding and enforceable.
9. Post-Divorce Considerations
Updating Legal Documents
After your divorce is finalized, update your legal documents, including your will, power of a Denver divorce attorney, and beneficiary designations on life insurance policies and retirement accounts. This ensures that your assets are distributed according to your current wishes.
Adjusting to Single Life
Divorce is a significant life transition, and adjusting to single life can take time. Seek support from friends, family, or a therapist to help you navigate this change. Focus on rebuilding your life, setting new goals, and finding ways to enjoy your newfound independence.
Co-Parenting Strategies
If you have children, effective co-parenting is crucial. Maintain open communication with your ex-spouse, follow the parenting plan, and prioritize your children’s well-being. Healthy co-parenting can help your children adjust to the new family dynamics and thrive.
Conclusion
Navigating a divorce in Colorado involves understanding the legal requirements, making informed decisions, and prioritizing your well-being and that of your children. By following the steps outlined in this guide and seeking professional support when needed, you can manage the divorce process more effectively and set the foundation for a positive future. Remember, while divorce is a challenging experience, it also offers an opportunity for growth and new beginnings.
