If you are a resident of Colorado and need to get a divorce, please read the directions below.
Steps
Step 1. Determine whether to file for divorce alone or by mutual agreement with your spouse
If you agree, it is possible to file a joint divorce petition in order to reduce the number of documents to be filled out. If, on the other hand, you are not on excellent terms, it is advisable to present it separately.
Step 2. Get the necessary forms
Depending on the application (joint or disjoint), there is a certain number of documents to fill, which in Colorado include:
- Case Information (documentation relating to the divorce proceedings). This is a sheet to be submitted to the court, which collects key information from both parties, such as their names, addresses and social security numbers.
- Petition (instance). This is the document that informs the court about the decision to divorce, describing what kind of issues to settle (custody and maintenance of children, division of assets, etc.).
- Summons (summons). If the application is joint, there will be no need.
Step 3. Fill out and sign the forms
Write or print clearly, in blue or black ink, and provide all required information. Sign the Petition model in front of a notary, who will also authenticate it.
Step 4. Identify the appropriate court to submit documents to
In Colorado, it is appropriate to file the divorce petition with the county where both parties live.
Step 5. Submit your documents to court
Call before you go to find out how many copies of each document are needed, what tax to pay (usually $ 195), and whether the court prefers cash or money order.
Step 6. Inform your spouse
If you are filing for divorce on your own, make sure the other party receives copies of the Case Information, the Petition and the Summons. You can choose a friend or relative who is over the age of 18, the County Sheriff's Department, or a private individual to give them to you. Anyone providing this service must complete the notification provided in the summons (Summons) and deposit it with the court as proof of the service provided.
Step 7. Read all notices and communications from the court
The court will write to you or send your spouse a notification in case there is a need to submit additional documents, to correct something already filed or to communicate the date of the hearing. Read everything that the court sends you and, if you are not clear about the meaning, take the communication with you to the County Clerk for more clarification.
Step 8. Give your spouse the necessary financial and accounting documents
The Colorado law requires the divorcing parties to favor each other some information of a financial nature, concerning:
- All assets and personal financial statements relating to the past three (3) years.
- All income tax receipts paid in the past three (3) years.
- Appraisals and titles concerning all real estate.
- Recent balance sheets for each bank account, investment and retirement plan.
- Current pay slips or any other proof of income.
- Proofs of expenditure for the care of the children of both parties.
- Documentation of all loans and mortgages in your own name.
- Documentation of all expenses for the education of the children.
Step 9. Complete the remaining divorce forms
Depending on the situation, the court may order you to complete and submit other forms to add to the standard ones. The latter, which must be completed by both parties, include:
- Sworn Financial Statement. Each party must complete their respective Sworn Financial Statement, sign it before the notary and submit it to court.
- Certificate of Compliance. Each party is required to complete and submit their own Certificate of Compliance with which to certify that they have delivered all the required financial documents to their spouse.
- Separation Agreement. It must be completed and signed in front of the notary by both parties.
- Affidavit for Decree without Appearance (sworn statement to obtain the order not to appear in court). This form allows the court to proceed with the divorce proceedings without the parties attending the hearing. It must be signed by each party in front of the notary.
- Decree (court order). In this form you will only need to fill in the caption which is at the top and which includes the name of the court, the number of the divorce case and the names of the parties.
- Pre-trial Statement. Complete this form only if you and your spouse do not agree on each issue outlined in the Separation Agreement.
Step 10. Go to the preliminary hearing, if necessary
If you and your spouse do not agree on any aspect or issue and have filed a Pre-trial Statement, a preliminary hearing will be established, which you will be required to attend. Once fixed, you will receive a notification from the court that can urge you to bring particular documents to the hearing. Be sure to submit any requested information.
Step 11. Participate in mediation if needed
The court could order parties who fail to reach agreement on every point to take part in a mediation. This is an alternative dispute resolution process, where the parties work with a mediator to establish an agreement on unresolved issues.
Step 12. Schedule the hearing
If you and your spouse are unable to reach an agreement despite submitting the forms and participating in the mediation, it will be necessary to set up a hearing where you can present your respective evidence and let the judge decide on all disputed points.. To schedule a hearing, you will need to follow the procedure set out in the Case Management Order ("CMO") you received from the court. If it has not been given to you or if you do not have the instructions with which to request a hearing, contact the court to receive the necessary information.
Step 13. Prepare for the hearing
Some things to do to prepare for the hearing include:
- Attending hearings similar to yours. Divorce proceedings are usually open to the public. Look for the hearing calendar near the courtroom or ask the clerk's staff when a divorce hearing will take place that you can attend. It will help you familiarize yourself with the processes and procedures in order to get an idea of what awaits you when it's your turn.
- Collect and prepare evidence. Any evidence you wish to bring to the attention of the judge must be in triplicate: one for your spouse or his lawyer, one for the court and one for you. This applies to all documents, photos and paper evidence.
- Select and prepare witnesses. Make sure each witness has something significant to add and don't call someone to testify on the same topic over and over. Each of them will have to contribute something new and unique. Instructions and forms for a person's subpoena to testify can be found on the court's website.
- Prepare a testimonial statement. If you don't have a lawyer who can question you at the hearing and you still want to testify on your behalf, prepare a statement that covers every matter you would have testified on if you had had a lawyer ready 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 testimony.
Step 14. Attend your hearing
When going to court, it is always wise to follow certain rules, such as:
- Arrive early. Make sure you know exactly how long it takes to reach the courthouse, to find the parking space and to arrive in time for the hearing. Be aware of traffic, trains, unexpected events and other circumstances that can cause delays.
- Dress appropriately. Although it is not necessary to dress elegantly, it is advisable to follow some basic rules about the type of clothing to wear in a courtroom, for example, do not wear low-cut blouses or skirts with a vertiginous slit, reduce make-up and use of jewelry, remove accessories such as hats or sunglasses, dress so that underwear does not show and use trousers and sweaters in the right match.
- Treat the judge with due respect. It means always standing when you talk to him, addressing him with "your honor" or "Judge" without ever interrupting him.
- Use appropriate language. No dialectal or offensive expressions are used for the entire time of the hearing. You address witnesses, lawyers and court clerk staff using Mister or Miss and don't yell or interrupt other people.
Advice
- In Colorado, there is a mandatory waiting period that lasts 91 days before a divorce is granted. It starts from the day on which the joint petition is submitted or from the day on which the copy of the petition submitted is notified to the non-requesting spouse.
- If you need help filling out the forms, you can contact a Family Court Facilitator for assistance.
- If you and your spouse cannot agree on every point, it is advisable to consider mediation or other forms of out-of-court dispute resolution. For more information, call the State Office of Dispute Resolution at (303) 837-3672.
