Colorado allows couples the option of filing for their own divorce without the need of hiring a lawyer. This is called a do-it-yourself (DIY) divorce. If both parties are in agreement on all issues related to the divorce, a DIY divorce is an efficient and cost-effective way to end their marriage. This article will provide an overview of the process and requirements for filing a DIY divorce in Colorado.Colorado law does not allow individuals to file for a do-it-yourself divorce. All divorces must be filed with the appropriate court in the county where either spouse resides. The court will provide guidance and forms to help individuals complete the necessary paperwork, but ultimately all proceedings must occur in front of a judge or magistrate.
Do-it-Yourself Divorces in Colorado
In Colorado, it is possible to get a divorce without the help of an attorney. This is known as a do-it-yourself (DIY) divorce. A DIY divorce is a good option for those who are in agreement with their spouse on the terms of the divorce, such as child custody, child support, alimony, and division of assets and debts. If both parties are willing to cooperate with each other and agree on all aspects of the divorce, then it is possible to file a DIY divorce without legal assistance.
In order to begin the process of obtaining a DIY divorce in Colorado, both parties must fill out the necessary forms and submit them to the court. The forms can be found online or at your local courthouse. It is important to ensure that all forms are filled out correctly before submitting them to the court. Once all forms have been submitted, the court will review them and decide whether or not the divorce can proceed without an attorney.
If you choose to pursue a DIY divorce in Colorado, it is important to understand that there may be times when legal advice may be needed. For example, if there are issues regarding alimony or division of assets that cannot be agreed upon between you and your spouse then you may need to consult with an attorney in order to arrive at a fair solution for both parties. Additionally, if there are any issues regarding child custody or child support then it may also be beneficial to seek out legal advice from an experienced attorney.
Overall, do-it-yourself divorces in Colorado can be a great option for couples who are able to agree on all aspects of their divorce without any conflicts or disputes. However, it is important to remember that if any disagreements arise during the process then it may be best to seek out legal advice from an experienced family law attorney before proceeding with a DIY divorce.
Obtaining a Do-It-Yourself Divorce in Colorado
If you are considering a do-it-yourself divorce in Colorado, there are some important steps you need to take. First, you must make sure that both you and your spouse meet the requirements for filing for a do-it-yourself divorce. In order to do so, you must be legally married and have lived in Colorado for at least 91 days before filing for your divorce. You and your spouse must also agree on all the terms of the divorce, including matters related to child custody and support, alimony, division of property and debt, and any other matters related to the dissolution of your marriage.
Once you have determined that you meet all of the legal requirements for filing a do-it-yourself divorce in Colorado, the next step is to obtain all of the necessary forms from the county court where you plan on filing your petition. These forms will include a Petition for Dissolution of Marriage along with other forms that may be required by your county court. Once these forms are completed with all of the required information, they must be filed with your local county clerk’s office.
Once your petition has been filed with the court, it is important that both parties attend any mandatory hearings or mediations as ordered by a judge or magistrate. These proceedings will help ensure that both parties understand their rights and obligations under Colorado’s laws related to divorce. After any hearings or mediations have been completed, if both parties still agree on all aspects of their divorce agreement then a final decree can be issued by a judge or magistrate.
It is important to remember that even if a do-it-yourself divorce is chosen as an option in Colorado, it is still essential that both parties seek legal advice prior to signing any documents related to their dissolution of marriage. By doing so they can ensure they fully understand their legal rights and obligations before making any decisions regarding their divorce.
Forms Needed for Do-It-Yourself Divorce in Colorado
In order to file for a do-it-yourself divorce in Colorado, individuals must obtain the necessary forms from the state. The forms needed depend on whether or not both parties agree to the divorce. If both parties agree to the divorce, they will need to complete a joint petition for dissolution of marriage form. They will also need to complete an affidavit of financial information and a marital settlement agreement form.
If one party does not agree to the divorce, then the other party must file a petition for dissolution of marriage form and an affidavit of financial information form. In addition, they must file a summons and complaint form and an income deduction order form.
If there are minor children involved in the divorce, additional forms must be completed. These include an allocation of parental responsibilities form, parenting plan/timesharing schedule form, child support worksheet form and an affidavit regarding dependent or minor children form.
Individuals should also consider filing additional forms such as name change request forms if they wish to change their name after the divorce is finalized. Furthermore, if either party wishes to make changes to any of their documents after they have been filed with the court, they may need to submit a motion for modification or motion for contempt forms.
Finally, individuals may want to consider completing a quitclaim deed form in order to transfer any real estate owned by one spouse to another after the divorce has been finalized.
Residency Requirements
In order to be eligible for a do-it-yourself divorce in Colorado, both spouses must have been residents of the state for at least 91 days prior to filing. Additionally, the filing spouse must have lived in the county in which they are seeking a divorce for at least 91 days prior to filing.
Grounds for Divorce
In Colorado, couples must cite grounds for divorce when filing. The most common grounds cited are “irreconcilable differences” or “incompatibility of temperament”. Other valid grounds include adultery, extreme cruelty, habitual drunkenness, willful desertion for at least one year or conviction of a felony.
Waiting Period
Once the petition is filed with the court, there is a 90-day waiting period before the court will approve a final decree of dissolution of marriage. During that time, either spouse may file motions to modify alimony or child custody arrangements if necessary.
Mandatory Parent Education Class
For divorces involving children under 18 years of age, both parents are required by law to attend an approved parent education class prior to finalizing their divorce. The class is intended to help parents understand how their decisions affect their children and how they can co-parent effectively during and after the divorce process.
Other Requirements
In addition to the requirements listed above, couples must also agree on all terms related to property division and child custody before filing for a do-it-yourself divorce in Colorado. All agreements must be put in writing and signed by both parties before submitting them to the court for approval.
Step 1: Determine Grounds for Divorce
The first step for filing a do-it-yourself divorce in Colorado is to determine the grounds for divorce. In Colorado, there are two grounds for divorce: irreconcilable differences and incompatibility. Irreconcilable differences means that the marriage has been broken beyond repair and there is no chance of reconciliation. Incompatibility means that the parties can no longer get along and it is not possible to save the marriage.
Step 2: File a Petition for Dissolution
The next step is to file a petition for dissolution of marriage with the court. You will need to fill out a form detailing your request for dissolution, as well as provide information related to your spouse and any children involved in the case. Once you have completed this form, you will need to file it with the court clerk’s office in your county of residence.
Step 3: Serve Your Spouse
Once you have filed your petition, you must serve your spouse with a copy of the petition by either certified mail or personal service. If you choose to serve your spouse by certified mail, it must be done through an authorized agent such as a post office or process server. You can also hire a private process server if you prefer.
Step 4: Complete Financial Disclosure Forms
You and your spouse will both need to complete financial disclosure forms which detail all of your assets, debts, income, and expenses. This information is necessary so that an equitable division of marital property can be made by the court if necessary.
Step 5: Attend Mandatory Mediation Session
In Colorado, all divorcing couples are required to attend one mandatory mediation session prior to their final hearing in order to attempt to negotiate an agreement on outstanding issues such as child support and division of assets/debts. This session must be conducted with a licensed mediator who has been approved by the court clerk’s office before any final hearing can take place.
Step 6: Attend Final Hearing
After attending mediation, couples must then attend a final hearing before a judge where they will present their finalized agreements on outstanding issues such as child custody/support or division of debt/assets if they were unable to reach an agreement during mediation. The judge will then decide on any remaining issues and issue a final decree of dissolution which officially ends the marriage in Colorado law
Starting a Do-it-Yourself Divorce in Colorado
In Colorado, a do-it-yourself divorce is possible without the help of a lawyer. All the necessary documents and instructions for filing for a divorce can be found online. The Court website contains a variety of forms and instructions, as well as resources to help you understand the divorce process. You can also find information about other family law matters such as child support and parentage.
The first step in filing for a do-it-yourself divorce is to complete the necessary forms. The forms vary depending on whether you have children or not, so it is important to make sure you are filling out the correct forms. Once the forms are completed, they must be signed by both parties before being filed with the court. Once filed, you will need to provide copies of all documents to your spouse and wait for them to file an answer with the court.
Once all documents have been filed and served, both parties must attend a mandatory settlement conference before any further action can be taken. This conference is an opportunity for both parties to discuss their issues and reach an agreement on matters such as child custody, child support, division of assets and debt, spousal maintenance (alimony), etc. If an agreement can be reached at this point, both parties will need to sign an Agreement that will become part of the final Decree of Dissolution of Marriage.
If no agreement can be reached at the settlement conference or if there are other issues that need to be addressed in court (such as domestic violence), then either party may choose to proceed with a trial. During this trial, witnesses may be called upon by either side in order to present evidence related to their case. At the end of this process, a judge will make a decision regarding all issues presented during trial and this decision will become part of the Final Decree of Dissolution of Marriage which is issued by the court after all other steps have been completed.
In conclusion, it is possible for individuals in Colorado to start their own do-it-yourself divorce online without any legal assistance; however it is important that all necessary documents are properly filled out and signed by both parties before being filed with the court in order for everything to move forward correctly and efficiently. Additionally, it might be beneficial for individuals going through this process to seek out legal advice prior so they understand their rights and obligations fully before proceeding with any filings or hearings related to their case.
Getting Assistance with a Do-It-Yourself Divorce in Colorado
If you are considering a do-it-yourself divorce in Colorado, there is help available to make the process easier. Many organizations provide assistance to individuals who are navigating the divorce process. These organizations include legal aid and court assistance programs, as well as private attorneys who specialize in divorce law.
Legal aid and court assistance programs can provide free or low-cost assistance for individuals seeking a do-it-yourself divorce in Colorado. Legal aid organizations offer services such as providing legal advice, helping to complete paperwork, and providing referrals to other resources that may be useful during the process. Court assistance programs can provide information about the forms needed for filing for divorce, as well as help understanding the court process.
Private attorneys can also provide guidance and support throughout the divorce process. Attorneys specializing in family law have experience with divorce proceedings and can advise on issues such as child custody, property division, and spousal support. A private attorney can help ensure that all paperwork is completed correctly and filed on time with the court. They may also be able to represent one or both parties during mediation or court hearings.
Those seeking a do-it-yourself divorce in Colorado should consider all of their options before starting the process. Taking advantage of available resources can make navigating the legal system easier and ensure that all paperwork is filed correctly with the court.
Conclusion
In summary, Colorado does allow do-it-yourself divorces for couples who meet the state’s requirements. Couples must still file the appropriate paperwork, including a Petition for Dissolution of Marriage, to obtain a divorce in Colorado. If the couple is able to reach an agreement on all of the issues in their divorce settlement, then they can complete the process without assistance from an attorney. However, it is important to keep in mind that Colorado does require certain steps and procedures to be followed in order for a do-it-yourself divorce to be successful and legally binding. In addition, couples should familiarize themselves with their state’s laws and regulations before attempting to handle their own divorce proceedings.
Ultimately, while do-it-yourself divorces are an option in Colorado, it may be beneficial for some couples to seek legal counsel if they are unsure of how to proceed or need additional guidance throughout the process.