Your Guide to Divorce in Colorado

Divorce can be complicated. From filing legal paperwork to navigating the emotional impact, you might feel intimidated by everything it takes to get a divorce. To help you get started, we’ve compiled the basic information you need to know for your divorce in Colorado.

How do I file for divorce in Colorado?

First, make sure you meet the residency requirements for filing for a divorce in Colorado. You or your spouse need to have a permanent home in Colorado for at least 91 days immediately before you file for divorce. If you have kids, your minor children need to have lived in the state with one of their parents for at least 182 days (or since birth).

Then, you’ll start filing the paperwork. You’ll need to fill out a Petition for Dissolution of Marriage or Legal Separation and Case Information Sheet. If you aren’t filing with your spouse, you’ll also need to fill out a Summons for Dissolution of Marriage or Legal Separation. Once you’ve completed the forms, you’ll take them to the court clerk’s office in the county where you or your spouse lives and pay a filing fee to file them. If you and your spouse didn’t file jointly, you’ll also serve them with divorce papers. Your spouse will have anywhere from 21 to 35 days to file their response.

After filing, you’ll begin the next phase of divorce proceedings, which can include sharing financial information with your spouse; discussing spousal support, child custody, property division, and more; and having a final hearing, where the judge will issue your divorce decree.

What is a contested versus uncontested divorce?

In an uncontested divorce, both spouses agree on the biggest issues, such as who keeps what property, child custody and support, and alimony. Uncontested divorces tend to be quicker than contested divorces, as you don’t have to spend time on negotiation or wait for a judge to make a decision.

In a contested divorce, spouses disagree on some of the big issues. This could include disagreeing on whether to get a divorce in the first place. Contested divorces can drag on for much longer while you try to negotiate the details of your separation.

How long does a divorce take in Colorado?

It depends. The average divorce in Colorado takes between 6 and 9 months. All divorces in Colorado require a 91-day waiting period. If you and your spouse can come to an agreement quickly and file the necessary paperwork, your divorce could be completed in just a few months. If you can’t agree, don’t have your paperwork ready promptly, or need to wait for a court date, it could take much longer.

At Thrive Family Law, we aim to settle divorces as quickly and smoothly as possible, while meeting our clients’ goals and needs.

How much does divorce cost in Colorado?

The cost to file for divorce is $230. If you aren’t filing jointly, you’ll pay between $50 and $70 for someone to serve your spouse divorce papers, and your spouse will pay $116 to file their response. These fees cover any administrative costs that come with filing for divorce.

If you work with a family law attorney, the cost will be higher, but the exact cost depends on your circumstances and needs.

What is a divorce decree?

A divorce decree is the legal document that includes the judge’s final orders for a divorce. Depending on your divorce, this will either include the terms you and your spouse agreed to, or the decision that the judge made for you. The contents of your divorce decree will depend on your unique situation. It could include the division of your assets, the schedule for child custody, or the amount and duration of alimony payments.

Your divorce decree is legally binding. You and your spouse are both required to follow the terms of your divorce decree, or the court can legally enforce them.

Can you get a divorce without a lawyer?

It’s possible! For very simple divorces with no children, limited assets, and cooperation from both spouses, you may be able to complete the divorce proceedings on your own. However, even with a simple divorce, you may want to work with a family law attorney to ensure everything is done correctly.

For more complex divorces, especially contested divorces, a family lawyer is essential. A good family law attorney will help you file the right paperwork, advocate on your behalf for issues like child custody and property division, and ensure you complete all requirements on time to finalize your divorce as quickly as possible.

You don’t have to navigate divorce alone. Thrive Family Law can help you navigate the complexity of a divorce, from the initial filing to post-decree issues. Reach out today to get started.