Uncontested Divorce in Colorado
Under Colorado law, residents of this state are allowed to terminate their relationship legally through either contested or uncontested divorce. A brief description of each option is outlined below:
- Couples failing to reach a mutual agreement in terms of divorce-related issues, such as spousal support, child custody, division of marital property, etc., have the opportunity to end their marriage through a contested divorce. To bring the contested case to a resolution, the judge will review various evidence and testimony.
- If spouses don't have any ongoing disputes, they may commit to filing an uncontested divorce, which is known as a "decree upon affidavit" in Colorado. For this, partners should agree that their marriage is irretrievably broken. Besides, no minor children should be involved in this process. Otherwise, the couple must agree to formal custody terms that include both child support and visitation rights.
- Having an amicable divorce is a less expensive and time-consuming way to end a marriage, which is why it is very common in Colorado.
Get Your Divorce Forms Completed Online
DivorceOnline is the best Internet tool for preparing appropriate divorce paperwork that the Colorado court will successfully consider. Among other online divorce services, DivorceOnline is one of the most affordable platforms for receiving help with selecting and filling out ready-to-sign divorce forms at just $139.
All our clients have to do is complete a simple questionnaire. Then we navigate them through the process of divorce documents preparation. In as little as two business days, our customers can download unique divorce forms that comply with marriage termination laws in Colorado. Moreover, they will receive step-by-step written instructions on how to file.
For example, our platform can help Colorado residents with children prepare documents, such as:
- JDF-1000 Case Information Sheet
- JDF-1101 Petition for Dissolution of Marriage or Legal Separation
- JDF-1102 Summons for Dissolution of Marriage or Legal Separation
- JDF-1104 Certificate of Compliance with Mandatory Financial Disclosures
- JDF-1111 Sworn Financial Statement
- JDF-1115 Separation Agreement
- JDF-1116 Decree of Dissolution of Marriage or Legal Separation
- JDF-1117 Support Order
- JDF-1125 Mandatory Disclosure – Form 35.1
- JDF-1129 Pretrial Statement
- JDF-1201 Affidavit for Decree without Appearance
Getting a Divorce With Children
In Colorado, couples that file for divorce with children usually put their children's safety and well-being at the top of their list of questions and concerns. To make sure the judge acts in the child's best interests, people should agree on a parenting plan where the rights and responsibilities of each party are clearly outlined.
Otherwise, the judge can order the appointment of a neutral Child and Family Investigator or Parental Responsibility Evaluator. This person typically takes responsibility for investigating, reporting, and making recommendations regarding the courts' concerns.
Child custody shall be determined based on information the judge obtains. The final decision of the judge relies on numerous factors, including:
- the child's preferences
- the child’s age
- the child’s personal relationships with other family members, including siblings
- each parent's opinion
- each parent’s financial status
- the child's adjustment to home, school, and community
- mental and physical health of parents and child
In this state, the judge cannot award co-called “sole” or “joint” custody to parents. Instead, Colorado uses the term parental responsibility, which can also be primary or partial. Joint parental responsibility can be defined as the type of custody when both partners equally share in overnight visitation with their kids. If one of the parents has no more than 90 overnight visitations with their children, the primary parental responsibility goes to the other parent.
In addition to physical custody, Colorado also considers legal custody on the basis of factors listed above. Simply put, to make major decisions regarding the life of the child, parents should be a good fit in the majority of presented matters.
As for child support, the court may order either or both parents owing a duty to support their child until the age of 19, which is the general age of emancipation in Colorado. In determining the amount of child support, the court considers the financial resources of both parents and a child, their physical and emotional condition, and the standard of living the child would have enjoyed if the parents remained married.
Filing for Divorce in Colorado Without a Lawyer
Even though hiring a qualified attorney is useful for receiving legal advice, many spouses still prefer going through marriage termination without a lawyer.
For example, even if the spouses have some disputed issues, they can resolve them through divorce mediation, a more affordable alternative to litigation. Mediation allows couples to reach a mutual agreement in final terms of their separation out of court and pursue an uncontested divorce.
In case the couple agrees on all terms of divorce, the procedure of marriage termination becomes even easier.
Do-It-Yourself Divorce in Colorado
Residents of Colorado have the opportunity to apply for a divorce without using the services of an attorney. It is the best option for spouses that agree on all issues and have a simple financial situation. Online divorce providers, namely, DivorceOnline, are available to make this process go even smoother.
In a DIY divorce, the couple is responsible for selecting and filling out Colorado uncontested divorce papers and completing the filing process. Even though blank marriage dissolution forms are usually available at the district court clerk’s office, they can be complicated to select and fill out properly. DivorceOnline navigates customers throughout the entire process of preparing and generating up-to-date divorce papers. This way of completing divorce paperwork is faster and more convenient than preparing documents without professional assistance.
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Frequently Asked Questions:
In Colorado, most divorce cases take about 6-9 months to complete, depending upon the type of marriage dissolution and issues to be resolved. At a minimum, the couple needs to wait 91 days for the court to grant a divorce, starting from when the initial petition is filed. In contrast, contested divorce cases can take over a year.
Spouses applying for an uncontested divorce will pay at least $190-230 for the filing fee. However, people should be prepared to spend extra money on legal fees, online divorce services fees, parenting classes costs, etc.
If people have a difficult financial situation, they can ask the court to waive filing fees by completing a Motion to File Without Payment and Supporting Financial Affidavit. The local court will review this document and decide based upon the provided information.
Although each case is unique and requires different divorce forms, a basic list of papers is needed in most cases. These are as follows:
- Petition for Dissolution of Marriage or Legal Separation form
- Case Information Sheet
- Summons
- Parenting Plan (if minor children are involved)
- Sworn Financial Statement
- Separation Agreement
- Response to the Petition for Dissolution of Marriage or Legal Separation
Keep in mind that spouses still should contact the county clerk’s office to get information on the documents required for their case. Otherwise, their case can be dismissed in the court.