Divorce in Colorado

If you are a resident of Colorado in need of a divorce, just follow the steps below to get it done.

Steps

  1. Decide if you will file for divorce alone or if you and your spouse will file jointly. If you and your spouse get along well, you may want to file jointly in order to cut down on the number of forms that must be filed. If you do not get along well with your spouse, you may want to file alone.
  2. Obtain the proper forms. Whether you will be filing jointly or alone will determine which documents you must file. The documents used to start a divorce in Colorado are [1]
    • Case Information. This is a cover sheet that provides the Court with basic information about both parties, such as names, addresses, and social security numbers.
    • Petition. The Petition is the document that tells the Court you want a divorce and describes what orders you are asking for (child support, custody, property division, etc.).
    • Summons. If you are filing jointly, you do not need to file a Summons.
  3. Fill out and sign the forms. Type or print neatly, in blue or black ink, and provide all of the information requested. Sign the Petition in front of a Notary and have him or her sign as well.
  4. Determine the appropriate Court in which to file your forms. In Colorado, a divorce should be filed in the county where either party lives.
  5. File the divorce forms with the Court. Call before you visit to find out how many copies of each form you will need to have, what the filing fee will be (currently $195 [2]), and if the Court prefers cash or a money order.
  6. Serve your spouse. If you are filing alone, you must make sure that your spouse receives a copy of the Case Information, Petition, and Summons. You may choose to have a friend or family member who is over the age of 18, the County Sheriff’s Department, or a private party provide your spouse with the copies. Whoever provides service will need to fill out the Return of Service located on the Summons and file it with the Court as proof of service.
  7. Read all notices and correspondence from the Court. The Court will write to you or send you a Notice if you need to file additional documents, need to correct anything you have already filed, or have a hearing scheduled. Be sure to read everything the Court sends you, and if you do not understand what it means, take it to the County Clerk’s Office for help.
  8. Provide your spouse with required financial documents. Colorado law requires divorcing spouses to disclose certain financial information to one another. This information includes[3]
    • All business and personal financial statements for the last three (3) years.
    • All income tax returns files in the last three (3) years.
    • Appraisals and titles for all real estate.
    • Current statements for any and all bank, investment, and retirement accounts.
    • Current paystubs or other proof of income.
    • Proof of childcare expenses for children of the parties.
    • Documentation of all personal loans and mortgages.
    • Documentation of any and all educational expenses.
  9. Complete the remaining divorce forms. Depending on your situation, the Court may order you to complete and file forms in addition to the standard forms. Standard forms that must be completed by all divorcing parties include
    • Sworn Financial Statement. Both parties must complete their own Sworn Financial Statement, sign before a Notary, and file it with the Court.
    • Certificate of Compliance. Both parties must complete and file their own Certificate of Compliance in order to certify each has provided the other with all of the required financial documents.
    • Separation Agreement. The Separation Agreement must be completed, and both parties must sign before a Notary.
    • Affidavit for Decree without Appearance. This for will allow the Court to grant a divorce without either party appearing for a hearing. Both parties must sign before a Notary.
    • Decree. You will only need to complete the caption on this form. The caption can be found at the top of the form and includes the name of the Court, cause number, and the names of the parties.
    • Pre-trial Statement. Only complete this form if you and your spouse do not agree on all issues identified in the Separation Agreement.
  10. Attend the Status Conference, if required. If you and your spouse do not agree on all issues and file a Pre-trial Statement, a status conference will be scheduled and you will be required to attend. If a status conference is scheduled, you will receive a notice from the Court, which may request that you bring particular documents to the conference. Be sure to bring all requested information.
  11. Attend mediation, if required. The Court may order parties who cannot reach an agreement on all issues to attend mediation. Mediation is an alternative dispute resolution process wherein the parties work with a neutral third party facilitator in order to reach an agreement on outstanding issues.[4]
  12. Schedule a hearing. If you and your spouse cannot reach an agreement after all of the forms have been filed and mediation has been attended, you will need to set a hearing where you can present evidence and let the Judge decide all outstanding issues. To set a hearing, you will need to follow the procedure outlined in the Case Management Order (“CMO”) you received from the Court.[5] If you do not have a CMO or if no instructions for setting a hearing were provided, contact the Court for instructions.
  13. Prepare for your hearing. Some things you should do to prepare for your hearing include
    • Attending a similar hearing. Courtroom proceedings in divorces are generally open to the public. Look for a schedule of hearings near the Courtroom, or ask the Court staff when there will be a divorce hearing that you can attend. This will help you familiarize yourself with the processes and procedures so that you have more of an idea of what will happen at your hearing.
    • Gathering and preparing your evidence. Any evidence that you wish to submit at the hearing must be in triplicate so that you can provide a copy to your spouse or his or her attorney, a copy to the Court, and retain a copy for yourself. This applies to all documents, photos, and paper evidence.
    • Selecting and preparing your witnesses. Be sure that each of your witnesses has something meaningful to add and that you are not calling witnesses to testify about the same things. Each witness should have something new and unique to contribute. Instructions and forms for issuing subpoenas for witnesses can be found on the Court’s website.
    • Preparing a testimonial statement. If you do not have an attorney to ask you questions and still wish to testify, prepare a statement to read that covers everything you would testify about if you had an attorney to question you. When it is your turn to present evidence and call witnesses, ask the Court for permission to read the statement in lieu of your own testimony.
  14. Attend your hearing. When appearing in Court, one should always follow certain rules, such as[6]
    • Arriving early. Make sure you know exactly how long it takes for you to get the Courthouse and that you leave in plenty of time to find a parking space and make it to the Court on time. Plan for traffic, trains, accidents, and other events that may cause delays.
    • Dressing appropriately. While you do not have to dress up, you should follow some basic Courtroom wardrobe rules, such as not wearing low-cut blouses or high-cut skirts/dresses, keeping make-up and jewelry to a minimum, removing hats and sunglasses, pulling up your pants so that your undergarments do not show, and wearing t-shirts/pants with appropriate messages.
    • Treating the Judge with respect. This means always standing when speaking to the Judge, addressing him or her as “your honor” or “Judge,” and never interrupting him or her.
    • Using appropriate language. Slang and curse words should be avoided at all times when in the Courtroom. Witnesses, attorneys, and Court staff should be addressed as Mister or Miss, and you should never yell or interrupt anyone.



Tips

  • If you need help with your divorce forms, you may contact a Family Court Facilitator for assistance.
  • If you and your spouse cannot agree on all issues, you may wish to consider mediation or other forms of dispute resolution besides a Court hearing. For more information, call the State Office of Dispute Resolution at (303) 837-3672.
  • There is a mandatory waiting period of 91 days in Colorado before a divorce can be granted. The 91 days starts from the day a joint petition is filed or from the day the non-filing spouse is served with a copy of the Petition filed by a filing spouse.[7]

Warnings

  • One of the parties must have resided in Colorado for at least ninety-one (91) days before you can file for divorce in Colorado.

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Sources and Citations

  1. ↑ http://www.courts.state.co.us/Forms/renderForm.cfm?Form=46
  2. ↑ http://www.courts.state.co.us/Forms/renderForm.cfm?Form=804
  3. ↑ http://www.courts.state.co.us/Forms/renderForm.cfm?Form=343
  4. ↑ http://www.courts.state.co.us/Administration/Section.cfm?Section=prepmed
  5. ↑ http://www.courts.state.co.us/Forms/Forms_List.cfm?Form_Type_ID=172
  6. ↑ http://www.courts.state.co.us/userfiles/File/Self_Help/pro%20se%20sheet%20Word%2009%202009.pdf
  7. ↑ http://www.courts.state.co.us/Forms/renderForm.cfm?Form=53

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