Divorce is a major life-changing decision, tangled in emotions and uncertainty, and it’s normal to feel overwhelmed by the legal steps ahead. If you’re considering divorce in Colorado, you’re not alone—many people have walked this path and made this difficult transition with the right guidance from an experienced divorce law firm in Northern Colorado.
Colorado’s laws are designed to make the process fair for both parties. By taking the time to understand these laws, you can take that first step toward moving forward. With the right support, you can take control of this process and focus on building the next chapter of your life in confidence.
Colorado Divorce Basics
Filing for divorce in Colorado starts with understanding the basics of state law. Colorado is a “no-fault” divorce state, which means that neither spouse needs to prove wrongdoing like infidelity or abandonment to end the marriage. Instead, the only legal requirement is that the marriage is “irretrievably broken,” meaning it cannot be repaired.
To file for divorce in Colorado, at least one spouse must have lived in the state for at least 91 days before filing. If children are involved, they must have lived in Colorado for at least six months for the court to have jurisdiction over custody matters.
Divorce here is officially called a “dissolution of marriage,” and while it may sound formal, the process can be straightforward and efficient.
Steps to File for Divorce in Colorado
The process of filing for divorce in Colorado has clear steps, but navigating them smoothly requires some preparation and it can sometimes be difficult to go through this already difficult situation alone. A divorce law firm is exceedingly helpful to make this as easy and painless as possible; here’s what you can expect:
1. File a Petition for Dissolution of Marriage
To begin, one spouse must file the necessary paperwork, including a Petition for Dissolution of Marriage. This form outlines key details about your marriage, such as the date of separation, financial information, and whether children are involved. If both spouses agree to the divorce, you can file jointly.
2. Serve the Other Party
If the divorce isn’t filed jointly, the spouse initiating the process (the petitioner) must officially notify the other spouse (the respondent). This step, known as “service of process,” involves delivering the paperwork. If you desire to avoid contact with your spouse, there are ways to serve the paperwork through alternative methods such as through a professional process server, sheriff, or sometimes even by mail.
3. Complete Financial Disclosures
Colorado courts require both parties to disclose their financial information within 42 days of filing. This includes income, debts, property, and assets. Being thorough and transparent is crucial, as these details play a key role in dividing marital property and determining support payments—it’s wise to hire an attorney for this in order to make sure that no mistakes are made that can lead to further complications.
4. Create a Parenting Plan (if applicable)
If you have children, the court will expect a detailed parenting plan that outlines custody arrangements, visitation schedules, and decision-making responsibilities. Colorado’s focus is always on the child’s best interests, and a well-thought-out plan can help minimize conflicts.
5. Attend Court Hearings or Mediation
While some divorces settle outside of court, others may require hearings to address contested issues like property division, child custody, or spousal support. Mediation is often encouraged to help resolve disagreements without a lengthy court battle.
6. Finalize the Divorce
Once all matters are resolved, the court will issue a final divorce decree. This legally ends your marriage and outlines the terms you and your spouse must follow.
Common Challenges in Filing for Divorce in Colorado
Divorce can be a challenging process, even in the best of circumstances. Be aware of these likely hurdles:
- Dividing Property and Assets: Colorado follows equitable distribution, which doesn’t always mean a 50/50 split. Negotiating a fair division can become contentious, especially when significant assets like homes, retirement accounts, or businesses are involved.
- Parenting Plans and Custody Disputes: Creating a parenting plan that works for both parties and serves the best interests of the child can be complicated. Certain disagreements (even minor ones) about schedules, decision-making responsibilities, or relocating can prolong the process, costing you time and money.
- Financial Disclosure: Both spouses must provide full financial disclosures. Missing or incomplete information can lead to delays or even penalties; in some situations, incorrect disclosures could lead to an unfavorable court decree.
- Emotional Stress: Beyond the legalities, paperwork, and time commitment that’s required, divorce takes an emotional toll. It’s very common to feel overwhelmed by the process, which can make decision-making more difficult, especially when done alone.
- Legal Procedures: Navigating the paperwork, deadlines, and court requirements can be overwhelming, particularly if you’re unfamiliar with legal procedures.
ELK Law: Northern Colorado’s Compassionate Divorce Attorneys
At ELK Law, we know that divorce is an emotionally charged process as well as an overwhelming legal one. That’s why we provide personalized guidance every step of the way, ensuring your rights and interests are protected. Our experienced attorneys in Fort Collins are here to advocate for you with compassion and skill. Contact us today to schedule a consultation.