Starting the Colorado Divorce Process: A Stress-Free Start to Your New Life
If you’re considering filing for divorce in Colorado, it can be a daunting process to tackle. While there are many resources available to help guide you through the legal side of things, navigating the emotional impact of this decision can oftentimes be overwhelming. This post is designed to provide family law clients (and their spouses), with an understanding of the processes and paperwork involved in filing for divorce in Colorado so that they may take on this difficult task as confidently as possible.
The Petition
Once the petition has been filed, a summons must be issued. A summons is a document that requires the other party to respond in writing to the petition within 21 days of being served with the summons. The summons will inform the other party of the filing for divorce and provide instructions on how to respond, including which forms are needed and how to complete them. After your spouse has responded, then you can proceed with the next steps in the divorce process.
Another option that we often recommend is to file the petition for dissolution jointly. This means that your spouse and you both agree that your marriage should be dissolved. It does not mean you necessarily agree on custody or who gets the house; it merely means that a Colorado court has jurisdiction over your marriage and you both want to start the process.
Case Information Sheet
The case information sheet is a simple document that will ask you to provide information such as your name, email address, physical address, the names and dates of birth of any children you have, and other details. The court needs to be assured that the children have been in Colorado for at least 182 days or that either you or your spouse has resided in Colorado for 90 days or more. This provides the court with the assurance of its proper jurisdiction over your divorce.
When the other party is served with the summons, they may choose to waive service. This means that they are aware of the action and do not need to be formally served as outlined by Rule Four of the Rules of Civil Procedure. To serve them, one can work with a sheriff’s department or a process server who will provide a return of service once they have completed this task.
After filing either in person at the courthouse or online, both parties must sign and verify that the information provided is true. Once this step is completed, the divorce proceedings can move forward.
When filing for divorce in Colorado, it is important to consider the following questions:
1. What are the legal grounds for divorce in Colorado?
2. Does it matter if there have been previous cases involving the children?
3. What information needs to be disclosed during the filing process?
4. What decisions must be made by the court during a divorce case?
5. Is there a chance of making changes to the requested decisions later on, even if they weren’t specified during the initial filing process?
6. Are there any other special considerations when filing for divorce in Colorado?
If you are considering a divorce in Colorado, it is important to understand the steps involved in the process as well as the documents required. Hiring a divorce attorney can be extremely helpful, especially if you have children. The most important thing is to prepare yourself emotionally for the road ahead.
If you would like to talk to one of our new client liaisons about scheduling a consultation with one of our divorce attorneys, please call us at 970-315-2365 or book a time here.