Boulder has picturesque landscapes, but divorce operates through legal steps, as in any county in Colorado. Colorado is a “no-fault” divorce state, meaning couples will not be required to establish fault – only that the couple’s marriage is broken beyond repair.
Divorce is defined by state law, and the steps to follow are defined by Colorado law, including filing appropriate paperwork and finalizing settlement agreements with a spouse.
Some couples have the capacity and resources to navigate a divorce process without assistance from others, while some couples may want help navigating the process with a specialist, like a Boulder divorce attorney, to understand and navigate the local court process.
This is particularly helpful if the couple has a complex property settlement, custody agreement, or complicated divorce process. However, regardless of how you move through your divorce process, if one or both divorced spouses understand the steps early on, there will likely be far fewer concerns of delays and/or surprises.
Meeting The Residency Requirement
To qualify to file a divorce case in your Colorado county, at least one spouse must have established residency for at least ninety-one days before the filing. This residency requirement does not matter where the marriage occurred. Residency is defined as where one is physically and where the person has the subjective intent to remain.
The Colorado Judicial Branch states that residency requirements must be met, or the case may be delayed while seeking an alternate jurisdiction.
Filing The Petition for Dissolution of Marriage
Your divorce case begins when either spouse files a petition in the district court covering their county of residence. Colorado permits joint petitions when both spouses agree to proceed with the divorce.
The following forms must be submitted: petition, case information sheet, and summons. In addition, if your private financial resources do not permit, those filing a divorce case may complete the fee waiver form and have the filing fees waived.
The court will assign a case number, which indicates that the case is officially filed, and the timeline for the disclosures and hearings will begin.
Serving Your Spouse
In the event that one spouse files, that spouse must serve the divorce paperwork on the other party. Serving the other spouse can be completed by a sheriff, private process server, or an adult who is not a party to the case. Colorado law requires proof of what is called “service” to be filed with the court, and if it is not filed, then the divorce will not proceed if there is no proof of service.
Full Financial Disclosure
Colorado has strict rules about having the parties disclose certain detailed financial information at the outset of the case. This disclosure includes:
- Personal and business tax returns for the last three years
- Pay stubs and income statements
- Bank statements and retirement account statements
- Lists of property, debts, and monthly expenses
The disclosures are used by the court to divide property and determine support amounts. Under Colorado’s Rules of Civil Procedure, the court has the right to impose penalties if you do not provide complete information.
Temporary Orders
Either party can ask for temporary orders to address immediate needs when a divorce is pending. The temporary orders can address parenting time, child support, spousal maintenance, and property use.
Temporary orders must have some form of hearing to determine the temporary orders. Generally, it is a short hearing, unless numerous issues are contested. The temporary orders remain until agreed on by the parties in a final agreement or final orders from the court. Therefore, establishing a sense of stability while the divorce is pending.
Negotiation, Mediation, and Settlement Alternatives
Most Colorado courts require mediation to be explored before a divorce can proceed to trial. Mediation allows both sides to engage the help of a neutral third party to try to reach an agreement. It saves time and money and provides some certainty in resolution, as opposed to a trial.
Some common issues and orders that can be resolved in mediation include parenting plans, asset division, and support obligations. Any agreements made during mediation are considered a settlement and provided to the court for its approval. Once approved and signed by the judge, they become final orders of the court.
Trial and Final Orders
If the parties cannot reach a settlement, the case will go to trial. At trial, both sides will present evidence and call witnesses. The judge will then decide all the disputed issues, such as custody, property division, and the applicable support.
The court will issue a written decree of dissolution, which officially terminates the marriage and certain orders. The decree lists all the final orders and is enforceable by law.
Things to keep in mind in a divorce in Colorado
- Follow the 91-day residency rule
- File forms and pay fees
- Exchange financial disclosures
- Participate in mediation whenever indicated
- Follow court orders and deadlines
