Requirements for divorce in colorado

You can come up with a visitation agreement that works for you.

Discuss child support. Both parents must financially support their children. The amount will depend on how much each parent makes and the amount of time they spend with the children. However, you should discuss whether your child has any special needs. A judge can award more child support in these situations. Decide if either spouse wants alimony.

In Colorado, alimony is called spousal maintenance. It is a sum of money one spouse pays to the other for a certain amount of time. Alimony can be temporary, lasting only during the divorce, or it can last for a longer period of time. Divide your marital property. Marital property is property you acquired as a married couple: real estate, vehicles, cash, stocks, bonds, and personal property.

Generally, Colorado judges consider anything you acquired while married to be marital property. See if you and your spouse can divide it.

Colorado Divorce Laws - FindLaw

Divide your marital debts. Just like property, marital debts must also be divided. In Colorado, most debts acquired during marriage are considered marital debts, even if only one spouse signed for the debt. They will be allocated equitably, so the partner with the higher income may get the higher debt.

Alternately, you can divide your debts based on who took out the debt. For example, each spouse might pay for their student loans or their car loans. Draft a separation agreement. If you reach an agreement on any of the above issues, you should put that agreement in writing. Draft a marital separation agreement and have both spouses sign it. The Colorado courts provide a marital separation template you can use. You can download it when you download your other divorce forms.

Create a parenting plan. Each parent must submit a parenting plan to the court. If you agree on child custody, you can submit a joint parenting plan. Consult with an attorney. However, a divorce attorney is helpful if you have any legal questions or if you disagree on child custody, spousal maintenance, or the division of property. Find the correct court. You should file in the county where you or your spouse resides. Remember that at least one spouse must have lived in Colorado for at least 91 days. Instead, you must intend to make the state your permanent home.

This is also known as being domiciled in the state.

How To File For Divorce in Colorado

Obtain divorce forms. The forms will differ depending on whether you have children or not. Fill out your forms. Many forms must be signed in front of a notary public. You can find a notary at the courthouse. File your forms with the court. Make two copies of the completed packet. You'll keep one copy for yourself and serve the other on your spouse.

Take the copies and the originals to the court clerk and ask to file. The judge must approve your request. Serve your papers on your spouse. Your spouse has a chance to respond to your divorce petition. For example, they may request child custody or alimony, or they might object to your requests for the same.

Initiating a Divorce

For these reasons, you must serve copies of your divorce papers. In that situation, they should complete a Waiver and Acceptance of Service form and sign it in front of a notary public. If your spouse waives service, you can hand them a copy of your papers.

Generally, you can have the sheriff or a process server make delivery for a small fee. You can also have someone 18 or older make hand delivery, so long as they are not a part of your divorce. Complete other forms. Your spouse can file a response to your divorce petition.

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Check if your spouse is fighting you on child custody, spousal maintenance, or the division of property. Attend a status conference. This will be determined by a mandate from the court. Mediate any disputes. The judge might require that you participate in mediation. Mediators are skilled at getting people to listen to each and reach agreement. Mediation will save you time and money if you can agree on all issues, so give it your best shot.

Top 10 Things to Know to Avoid Disaster during a Colorado Divorce

Finalize an uncontested divorce. In an uncontested divorce, the court can grant your divorce after you submit an affidavit. This will generally take the place of you actually having to show up in court. Finish a contested divorce. No two contested divorces are the same. However, you generally can expect to be in court regularly, maybe even once a month.

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  • Your contested divorce will culminate with a contested hearing on all issues you and your spouse cannot agree on. For example, if you are fighting over child custody, you can call people to testify about your relationship with your children. Under Colorado laws, you or your spouse must have been domiciled in the state of Colorado for a minimum period of 90 days before the commencement of the divorce proceedings. It is not necessary that both of you have been domiciled in the state of Colorado during this period of time.

    If even one of you is domiciled in the state, it can meet the residency requirements. For the court to find that you have been domiciled in the state of Colorado for the minimum period of time, the law must find that you were living in the state of Colorado with the present intention of making the state a permanent home. The court must find that you meet the residency requirements in order for the divorce to proceed. The court may look at certain types of evidence in order to determine domicile.

    The court will also look at whether you or your vehicle has a Colorado vehicle registration number or whether you have been registered to vote in Colorado. Any of these pieces of evidence may be considered by the court.