Colorado divorce details
Uncontested vs Contested Divorce
The Uncontested Divorce is the best option for the couple who is willing to terminate their marriage rationally. As a rule, such type of the divorce is more preferable over the Contested one. For the Uncontested Divorce, you do not need to employ the attorney or another legal helper. Besides, you are not in need to prove any guilt of your spouse the judge will not reveal the hidden secrets of the family, etc. Moreover, the Uncontested Divorce lasts faster, it can be without the court hearings at all. The crucial trouble is to file with the court in a right way, with no additional rejections from the court. The Contested Divorce will definitely need a Permanent Orders Hearing. The spouses cannot find a common language, therefore, the court will review the divorce process in details and make a fair final decision. The Contested divorce is a pretty costly deal. The duration of such a process can modify according to the case seriousness. If you are hesitating what process to choose the Uncontested divorce is a self-evident decision.
Uncontested Divorce in Colorado
In Colorado, the Uncontested Divorce is also known as a dissolution of marriage. Primarily, there are several issues that can influence the court approval of your divorce. Here they are:
- Both you and your spouse have lived in Colorado for at least 90 days
- Both you and your spouse have no marital property to be divided
- Both you and your spouse have agreed on several issues, such as for a child custody, spousal support, etc
- The couple has no minor children
There are also some grounds for the Uncontested Divorce, they can be:
- The adultery
- The conviction of one of the spouses
- The abandonment
- The physical or sexual abuse of one of the spouse and/or children
- The legal separation for two years or more
- The serious illness of one of the spouses, etc.
If all these conditions are met, the court will surely improve your Uncontested divorce within the shortest possible period of time. The Uncontested divorce is predominantly a lack of amicable faults, so, the sooner you get rid of them, the faster you take the divorce.
Colorado Residency Requirements to file for the divorce
In Colorado, as in any other state, the residency requirements should be met anyway. There are several of them, here they are:
- Both you and your spouse should live in Colorado not less than 90 days
- If your marriage was registered in another state, you have to get the original document of the marriage registry and the Petition for divorce dissolution namely in Colorado
- You have to grant the Superior Court all the documents according to your case and be sure that your papers are in order
- 182 days - the accurate term that children should have lived in the State of Colorado
As you can admit, there are not so many tips to remember about the residency requirements, but anyway, the must-have rule still exists - the court will approve ONLY the divorces with the requirements.
How to file for an Uncontested Divorce
In the State of Colorado, you have to file for an Uncontested Divorce, regarding the special rules. Let’s observe them:
- Collect all the necessary documents you have for the court. You have to be pretty sure that it is exactly those papers you need especially in your case
- Complete and sign your Petition for the Divorce. It is the first document you will need to file with the court
- Take all your ready for the court documents
- Serve your spouse with copies of all the divorce forms and documents
- File your summons for the Superior Court
The most essential step of the whole filing with the court is the preparation of the documents. You should follow all the rules of the filing for the Uncontested Divorce to get the Final Decree faster and more accurate.
Do-It-Yourself Divorce in Colorado
The DIY Divorce differs somehow from the usual types of the divorce. Firstly, it is due to its simplicity on the one hand and the risk on the other hand. If you choose this type of the divorce, you will not need to hire an attorney and pay him/her an extra fee. You will be responsible for the self-representation at the court and the documents’ preparation as well. A DIY Divorce is a really rapid and trustworthy action under the only condition: you truly know what to do. Check your readiness for such a type of the divorce before you begin the process.
How much does an Uncontested Divorce cost in Colorado
The average price of divorce in the State of Colorado is $16 000. This cost includes all the filing fees, the cost of the attorney and other expenses. The Uncontested Divorce can be cheaper, if you order the online preparation of the documents, it will cost just $149. The significant economy is vivid here, isn’t it?
How Long Does It Take to Get Divorced in Colorado
In Colorado, the Uncontested Divorce is shorter and lasts from 10 days to 1 months. If the court approves your documents from the first type, you will not spend your time on the additional documents’ preparation or other legal duties. It makes the Uncontested Divorce so preferable among the other divorces. In comparison with the Uncontested Divorce, a Contested one is twice longer. It can take approximately 1 year, and it is not the worst case. You should specify the term for the type of the divorce in advance.
Papers and Documents You Need to Get a Divorce in Colorado
Here are the main likely used documents for the divorce in the State of Colorado:
- Petition (JDF 1101)
- Financial Statement (JDF 1111)
- Certificate of Compliance (JDF 1104)
- Separation Agreement (JDF 1115)
- Decree (JDF 1116)
- Parenting Plan (JDF 1113)
- Affidavit for Decree Without Appearance (JDF 1201)
- Summons (JDF 1102)
- Case information sheet (JDF 1000)
- Financial affidavits for each party
- Notice of hearing
- Separation agreement
- Support Order (if applicable)
The court requires all these documents, but you won't need all of them. Be sure what exactly the court must have from your side and prepare all the papers online.
How to serve your spouse in Colorado
Your duty as a Petitioner is to serve your spouse with all the key documents for the divorce process. There are several ways of how to do it correctly:
- To serve your spouse through the Sheriff
- To serve your spouse by yourself
- To serve your spouse by the Certified email
- To serve your spouse by post
- To serve your spouse by men of his/her relatives
All the ways are absolutely legal. Colorado recognizes all of them. As for the Petitioner, all the responsibility is put on you, so do your best to serve your spouse with no prolongations.
Online Divorce in Colorado
The Online Divorce is a new type of the divorces, and its popularity is growing more and more. The main idea of this divorce is that you order the documents on the particular site, pay at least $149, and in one day you get your ready papers. The structure is easy enough and deserves the highest attention. The only one thing is that you should know for sure, what site you should choose, so be rather attentive. You can trust only the professionals.
Rules for child support in Colorado
In Colorado, child support is calculated the “child support guidelines.” The guidelines take into account the money you spend on your children. Colorado law recognizes protections of the child custody. The guidelines don’t apply if parents have very low or very high incomes.
In Colorado, the child support is stable constant throughout the year. Before the Superior Court examines a child support case, the spouses should take into account such factors as:
- The total income of both spouses
- The number of children in the family
- The health state of both parents and children
- The common marital debts
- The permanent occupation of both spouses
- The future financial possibilities of both spouses
The court recognizes all these issues and finally makes a fair decision.
Rules for spousal support in Colorado
In Colorado, there is a level of the temporary alimony, in cases where a couple's combined gross annual income is under $75,000. Here are the main items of such a process:
- The income of both spouses
- The marriage term
- The place of child/children living, who they live with
- The tax rate
- The health state of both spouses
The spousal support is also undoubtedly the important item of the whole divorce process, so you should be extremely attentive with such a case.
Division of property in Colorado
A Colorado Superior Court considers the following factors to make a clear and right decision in the divorce process. The Superior Court considers for the property division such factors as:
- The economic circumstances of each spouse
- The increase or decrease in the value of a spouse’s separate property
- The value of the marital property
- The tax rate of both spouses
- The future financial possibility of each spouse
The marital property includes most assets and debts of the married couple. The separate property involves items purchased with or exchanged for the separate property. As a rule, the separate or an individual property cannot be divided between the spouses, but if one of the spouses proves that the item is a common thing-it will be divided, according to the decision of the court. The property division should be equal but does not mean, that it will be definitely equal.
Divorce Mediation in Colorado
The mediation process is simply magic for both spouses to agree on the crucial issues disturbing from the agreement. The divorce mediation helps a couple to reach an understanding of the whole dissolution process. During the process of mediation, the mediator schedules several hearings and in the end writes a Notice about the result of the whole proceeding. There are several mediation, in case the spouses cannot get a common decision. For the Contested Divorce, the mediation is undoubtedly a must-have process.
How to divorce a missing spouse in Colorado
When one spouse wants to divorce another one who is missed, the Superior Court applies the Constructive Service. In Colorado, the Petitioner has a right to have a divorce even without another spouse, but previously, you should try to find the missing spouse. You can put down in the local journals and newspapers the notice about his/her absence, ask his/her relatives about the location, etc. The Superior Court will appreciate your attempts and grant you a Final Decree if finally your spouse is still missed.
The Default Divorce in Colorado
Sometimes a spouse does not want to participate in the divorce procedure. Colorado doesn’t require the willingness of both spouses to get a divorce. Colorado legislation allows the couple to divorce without the agreement, but firstly, you will have a particular period of time to decide on your divorce case. The Petitioner sends the Defendant a Petition for the Divorce, and the Defendant has several variants to behave him/herself: to ignore the Petition, to answer the Petition, and to ask for the reconciliation period. The Court can either reject or approve the claim of the Defendant. In the particular period of time, if the Defendant still does not reply, the Superior Court will schedule the court hearing without a second spouse.
Default vs No-Fault Divorce
The Default and the No-Fault divorces are different enough. The No-Fault divorce provides the true agreement of both spouses whereas the Default divorce has lots of misunderstandings, quarrels, and the mediation processes. During the Default divorce, the court will grant a period for the reconciliation with several issues. These issues may be: persuading your spouse to commit adultery or cruelty and forgiving your spouse for committing adultery or cruelty.All in all, both the court of Colorado and the mediators will do everything possible and impossible to prevent the spouses from the Default divorce process.
How can I get a Default Divorce Hearing in Colorado
In order to get a Default divorce hearing, watch these proceedings:
- Clarify all the issues of the divorce
- Write the Petition for the Divorce procedure to the Superior Court of Colorado
- Serve your spouse with all the documents and forms
- Get the rejection from your spouse
- Attach all the needed papers that prove your divorce grounds to the Superior Court
- Appoint the mediation process
All these steps of the Default divorce are extremely important in Colorado, and you should follow them with no doubt.
Annulment of the marriage in Colorado
Civil annulments and divorces are similar in only one case when the marriage is finally terminated. The difference between them is that a divorce process is a termination itself, but the annulment is the total absence of the legal marriage. Colorado does not have an official court event "annulment of marriage." The main ground for the annulment of marriage is that another spouse was not ready for the marriage or the marriage was a fraud. The Superior Court examines other possible grounds for the annulment of the marriage and points out the Final Verdict. The child support is being under the question here, but the spousal support in such a case does not exist any more.
Legal Separation in Colorado
Colorado permits a legal separation. In Colorado, the legal separation means that both spouses do not have and apply the marital relationship. The spouses can begin to live separately and, in such a case, they do not need to go to the court and begin the legal divorce. The spouses may sign the Separation Agreement, where they can agree on the property division, child custody, etc. For the court, it would be much easier to grant the Agreement of the legal separation than to grant a divorce. Anyway, you should check whether you have a possibility to get a legal separation in your county or not.
The Same-Sex Divorce in Colorado
In Colorado, the same-sex marriages and divorces are absolutely legal. In 2015, The United States Supreme Court’s decision in Obergefell v. Hodges stipulated, that the same-sex couples are equal to the standard couples and their liabilities. For a long time there was no possibility to get the same-sex marriage or divorce, but now, the same-sex couples have the same rights. The divorce procedure has the same steps and terms. Regarding the child custody, we can point out that the children born in such a family also have the same as other children. Both parents should care for them and visit them regularly.
Military Divorce in Colorado
In Colorado, the military divorce is similar to the civil one. Under the Soldiers and Sailors Civil Relief Act, 50 USC section 521 and in the discretion of the local Colorado court, the divorce may take plays during the duty of the military spouse. If the military spouse is also willing to complete the marriage but the conditions can be different. If the spouse is not able to terminate the marriage, the court will schedule the time that will be the most appropriate for both spouses.
How to divorce a spouse in a jail in Colorado
If your spouse is currently in jail, and you want to divorce, you must notify the court of this aspects. You can send the Petition of the divorce right to the jail and wait for the reply. The No-Fault Divorce with the spouse in jail is the same procedure as the regular divorce case. You have to be sure about the disposition of the jail, the conviction of your spouse and specifications of it.
Divorce filing fee
In Colorado, if you decide to have an Uncontested Divorce, you will pay approximately $2000. Everything depends on the case, expenses, cost of the lawyer, etc. If you order the preparation of the documents online, you will pay just $250-200 for the case. You have to think over the whole case to decide on your tiny peculiarities of the divorce.
Can a filing fee be waived?
In Colorado, the fee for the divorce may be waived. You should get a Sheet on Waiver of the Superior Court Fees, fill out all the papers, online or by yourself, sign the Request to Waive Court Fees under penalty, obtain the Forms required at the Colorado Court, make at least 2 copies of the forms about the Waiver, and finally go to the ready court with the documents for the Waiver.
How we can help
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