File for an online divorce in colorado
We offer the following free tools, Colorado divorce forms and parenting and child support planning resources to assist you.
This version of this software tool will allow you to view and print, but not edit and save changes to these documents. You may wish to review and organize your thoughts with respect to these topics, in advance of our meeting. But please, do not feel like you must have discussed or resolved any of these issues before we meet.
Most couples need some help in understanding the range of choices they have, and that is part of our job as the mediator. Moreover, it is often very helpful to reserve your final thinking not only until after you have an opportunity to hear from your spouse or co-parent of his or her views, but also until you have learned from the mediator of many other options that others have found workable with respect to these issues. Click on these Colorado divorce planning tools, to review or print.
Colorado law requires the timely disclosure and exchange of certain basic financial information, as part of a divorce, paternity or child support or spousal maintenance modification case. Disclosure of a financial circumstance or asset or debt does not, of course, control your agreement with respect to that circumstance. It only validates that your agreement was founded on good information.
Again, it is not expected that you have ready access to all this information and certainly, not when you first meet or begin your work in mediation with us. Updated credit report information can materially assist you in managing and resolving all outstanding marital debt issues and concerns, as part of your Colorado divorce or legal separation. This is, of course, not a complete list of all forms appropriate for all cases or circumstances.
Colorado law formally requires the filing of a certificate affirming that each party has disclosed to the other financial documents required by Colorado divorce law. And this is so, in Colorado child support or spousal maintenance modification cases as well. Finally, if you have no children and have resolved all issues in your Colorado divorce, you are not required to appear in Court for a final hearing. This is officially called an Affidavit for Decree Without Appearance of Parties , but we have labeled that form Nonappearance Affidavit below. Click on these to review or print.
Of course, you may wish to save your work on these special forms to your own computer. We also include three Colorado paternity forms often accessed by never-married Colorado parents who desire to establish court orders establishing their rights and acknowledging their responsibilities as parents. All these steps of the Default divorce are extremely important in Colorado, and you should follow them with no doubt. 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 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. 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. In Colorado, the same-sex marriages and divorces are absolutely legal. 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. In Colorado, the military divorce is similar to the civil one.
Legal Separation vs. Divorce
Under the Soldiers and Sailors Civil Relief Act, 50 USC section 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. 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. Court filing fees are in addition to the cost of using DivorceFiller. This cost may vary by county.
Please check with your local courthouse to determine the exact amount. In Colorado, the fee for the divorce may be waived. We will be pretty pleased to help you to file with the court. It is a highly responsible item of the whole divorce procedure. We do realize the importance of such an activity and we can make the preparation of the documents truly effective. So, you can just try and draw all the conclusion after the whole process.
Good luck! Online Divorce in Colorado is quick and easy.
Process of Filing for Divorce in Colorado
See if you qualify for Online Divorce. Have you and your spouse agreed on the key divorce issues? Not sure. Colorado divorce details Disclaimer : DivorceFiller is not a law firm and its services, website and forms are not a substitute for the advice of an attorney. Uncontested vs Contested Divorce The Uncontested Divorce is the best option for the couple who is willing to terminate their marriage rationally. Check Eligibility. 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 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. If any of these requirements are not met, there may be jurisdictional issues as to whether a case can be filed in Colorado or if another state would have jurisdiction over the parties or the children. This is to ensure that the domestic court in which the divorce is filed is made aware of any other proceedings which may impact the divorce. Finally, the petition contains a provision as to the nature of the orders to be entered by the court.
These typically include a request for orders regarding the status of the marriage, allocation of parenting time and decision-making in the best interests of the children, maintenance alimony or spousal support , child support, the division of property and debts, payment of attorney fees, and restoration of a previous name of a party.
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It is generally best to make sure that any of these requests which may be relevant to a case are included in the petition as, under certain circumstances, a party may be precluded from raising issues related to these categories if they are not set forth in the petition. In addition to the petition, it may also be necessary to file a Summons for Dissolution of Marriage and Temporary Injunction.
Whether or not a summons will be required will depend on whether both parties sign the petition then referred to as a co-petition or if the petition will be filed by one party only. With a co-petition, the summons is not necessary; however, if only one party is filing the petition, then a summons will also need to be filed and served on the other party as discussed below. The summons provides notice to the other party of the filing of the divorce action and sets forth the requirements for filing a response to the petition.
Both the summons and the petition also provide information regarding the automatic temporary injunction which goes into effect upon either the filing of a co-petition, service of the petition and summons on the other party, or the waiving of service by the other party. The general purpose of the automatic temporary injunction is to keep the status quo of the marriage while the divorce case is pending.
Colorado Divorce Facts
The automatic temporary injunction prevents either party from taking minor children out of the state of Colorado without the consent of the other party or court order. It also prevents either party from transferring, concealing, encumbering, or disposing of marital property without the other parties consent or court order, except for in the usual course of business, or for the necessities of life.
Both parties are also restrained from canceling, modifying, terminating, or allowing to lapse for nonpayment of premiums for insurance policies. Once the petition and summons have been filled out, they must be filed with the court. For parties without attorneys pro se parties , any documents to be filed with the court must generally be hand delivered to the court Clerk. Once the case has been filed, the party filing the petition is referred to as the petitioner and the other party is referred to as the respondent or co-petitioner depending on whether a co-petition is filed or if the petition is personally served.
Once the petition and summons have been filed with the court, they must be personally served under C. Once the petition and summons have been served, an Affidavit of Service from the individual serving the documents should be filed with the court to demonstrate that service has occurred. As an alternative to having the documents personally served on the other party, the other party respondent can sign a waiver of service.
A waiver of service can be used to avoid having the petition and summons personally served. As the name implies, if the respondent agrees to sign a waiver of service, he or she is telling the court that they are waiving the service requirements and have been provided notice of the divorce case. Signing a waiver of service generally does not relinquish or deprive a party of any substantive rights in the divorce.