Initiating Your Colorado Divorce: A Step-by-Step Guide for Everyday People
Whether you’re considering a separation or you've already made the decision to get a divorce, you’re undoubtedly going through a hard time. Making the decision to leave is never easy, and it's totally normal to feel overwhelmed by the whole process. Remember, I'm here for you every step of the way. Let's try to demystify this together, so it doesn't feel so daunting. Below are the basic steps in every Colorado divorce. Each document referenced is hyperlinked so you may review them as you read.
1. Filing the Divorce Papers
First, you must ensure the state you’re filing in has jurisdiction, which means the court has authority to hear your case. Unless you’re new to Colorado, this likely doesn’t apply to you. To file for divorce in Colorado, at least one person in the marriage must have lived here for at least 91 days. If you have kids, they must have lived in Colorado for 181 days. If these conditions aren't met, you might need to file in another state. If they are met, continue to filing the petition in the next step.
Second, you must fill out and file the Petition for Dissolution of Marriage, which is the official document that begins your divorce case. It includes basic information about you, your spouse, and your shared children if you have them. The petition states that your marriage is "irretrievably broken," which is the legal way of saying it can't be fixed. The petition also asks about things like child custody disputes, domestic violence issues, and any existing child support cases. Further, you should clearly state within the petition exactly what you want from the divorce. This could include things like child custody, spousal support, or how you'll divide your property like your home or retirement accounts. This will help the court understand your situation and goals. If you have an attorney, they will fill out the petition with you. Next, your attorney will file it with the court in your county to initiate the divorce. Your attorney will also file an Entry of Appearance, which notifies the court that you have representation.
Third, a Case Information Sheet must be filed along with the Petition. This short document gives the court further background information about your family.
Finally, you must fill out the Summons. This is a formal notice to your spouse that you've filed for divorce. It tells them what they need to do in response. If you both agree to the divorce (a co-petition), you might not need a summons.
There is a fee of $230 to file the papers with the Court, but you may request financial assistance if you can’t afford it. After you’ve ensured the court has jurisdiction and filed the three above documents, you’ve officially filed for divorce.
2. Automatic Rules
Once the divorce papers have been filed, a temporary injunction is automatically put into place. If you look at the divorce papers, it will be included at the bottom of most documents. An injunction is an order of the Court and MUST be followed.
The injunction bars you and your spouse from doing many things. You can't take your kids out of Colorado without your spouse's consent or a court order. You can't sell or give away property without your spouse’s permission or a court order. While you may use your income for your usual expenses and necessities, you cannot spend money to keep it from your spouse, for example, by gambling it away in Vegas or buying a yacht. You cannot harass your spouse by blowing their phone up, stalking them, or lashing out at them. You cannot cancel, stop paying, or make any changes to health, homeowner’s, renter’s, automobile, or life insurance policies that cover a party in the case or that name a party as a beneficiary.
Outside of the injunction, you should also avoid bad mouthing your spouse publicly or on social media. More importantly, do not speak poorly about your spouse in front of your children. It will only hurt your case and very likely your children. .
3. Serving the Divorce Papers on Your Spouse
After you've filed the divorce papers, you need to make sure your spouse receives copies of all of the documents. This ensures that they can participate and that they are aware of the automatic injunction. This is called "serving" the papers. You can serve your spouse through a process server, the Sheriff’s Office, or another person that is at least 18 years old and not related to the case. The person that serves the papers must complete an Affidavit of Service which must be filed with the court. Alternatively, your spouse can sign a Waiver of Service saying they've received the papers. The waiver must be filed with the Court in place of the affidavit. After your spouse has been served, they have 21 days to file a response.
4. The Court’s Response
Once you've filed the papers, the court will usually give you a case management order. This is like a road map for your divorce case. It tells you what you need to do and when. Make sure to read it carefully.
You'll also get instructions for an initial status conference. This is a brief meeting with the judge or a family court facilitator. The status conference can be in person, by phone, or by webex, and is typically held within 42 days of filing the divorce papers. The purpose is to discuss how your case will proceed, like setting deadlines and deciding if experts are needed. This is the time to ask any questions you have about the process.
5. Financial Disclosures and Parenting Class
Within 42 days, you must provide financial disclosures to your spouse. This involves reviewing the list of documents in the Certificate of Compliance, providing the documents to your spouse or their attorney, and filing the form with the Court. You must also complete and file a Sworn Financial Statement.
If you and your spouse share children, most courts require you both to take a parenting class. Review your case management order for a list of approved courses. At the end of the course, you will get a certificate which must be filed with the court.
Navigating such a big change is daunting, but with the proper guidance, it's manageable. Remember, each divorce is unique, and there's no universal solution. Schedule a consultation with Baxter Family Law to create a personalized divorce plan to help you navigate the process and protect your rights.