Colorado has a standard Dissolution of Marriage (colloquially called a divorce) process that allows everyone, even those without an attorney (also known as pro se parties), to have an understanding of the steps required to get divorced in the State of Colorado. This post will help understand the most basic steps common to Dissolution of Marriage in Colorado.
First, in order for a party to be eligible to file a Petition for Dissolution of Marriage case, one of the parties must have resided in the State of Colorado for at least 91 days prior to the filing of the case. If that isn’t true, this post and these steps will not be helpful to you.
- Initial Filing. The Colorado Courts require that a party initiate a dissolution of marriage proceeding by filing a Petition for Dissolution of Marriage, Case Information Sheet, and Summons with the Court. All of these are available on the state court website (but do notice the forms are different for if the couple has kids or does not have kids). The filing party will also have to pay a filing fee.
- Service. After the Petition is filed, the person filing the Petition, also known as the Petitioner, must serve the other party, the Respondent, using Personal Service. Serving the other party means providing them with the court documents that have been filed, which gives them official notice of the court proceeding. Personal Service means that the documents must be provided directly to the Respondent or a person authorized by law to accept service on behalf of the Respondent, by a professional service company or by a sheriff’s office. Alternatively, the Respondent can complete a Waiver of Service, in which they acknowledge that they have notice without the Petitioner needing to pay for personal service of the Respondent. If the parties choose, they can also file a Joint Petition for Dissolution of Marriage, which waives the service step.
- Case Management Order. Once the Petition has been filed with the Court, the Court will issue a Case Management Order to the Petitioner. The Case Management Order provides in-depth details of the sworn financial statements that must be exchanged by the Parties, the Initial Status Conference that both parties are required to attend, domestic violence helplines, and the mandatory parenting class that must be completed if the parties have minor children.
- Initial Status Conference & Required Disclosures. Once either the Respondent is served, the Respondent’s Waiver of Service has been filed, or both parties file a Joint Petition, the Court will require the parties set an Initial Status Conference. The Conference is typically set within 42 days. Some Courts will automatically set this Initial Status Conference; others request that the parties set the conference on a date that works best for them and, if they have them, their attorneys if they chose to have them.
Prior to the Initial Status Conference, each party will be required to complete a Sworn Financial Statement and a Certificate of Compliance. Each Party must submit the official documents to the Court and provide the other side with copies of all required financial disclosures. The Court requires that parties to a divorce provide full disclosure to the other side including bank statements, credit card statements, tax returns, paystubs, W-2s and 1099s, retirement accounts, and any other assets or debts the parties may have. If a party is unhappy with the disclosures of the other party, they can always request formal discovery and require the other party to provide additional documents.
Typically, at the Initial Status Conference the Court will enter an Order for the parties to attend mediation. The Court will also want to know at the Initial Status Conference if either party is requesting an expert like a Child and Family Investigator, Parental Responsibilities Evaluator, Business Evaluator, or any other expert.
- Mediation. Some counties require that the parties mediate prior to setting any hearing, others will allow the parties to set either a Temporary Orders Hearing or a Permanent Orders Hearing prior to attending mediation. Mediation is a process in which the Parties work with a neutral third-party to try and come to a resolution outside of Court. The discussions at mediation are confidential and cannot be used in a later court hearing. The mediator cannot force the Parties to come to an agreement, but coming to a resolution in mediation can save the Parties time and money.
- Temporary or Permanent Orders Hearing. If the Parties do not come to a resolution in mediation, they may need to set a Temporary Orders Hearing or a Permanent Orders Hearing. A Temporary Orders Hearing is a hearing that provides temporary orders during the pendency of a case while a Permanent Orders Hearing is the final hearing in which the Court will enter Orders the control after the case is completed. Typically, at a hearing, each Party will have the opportunity to present their evidence to the Court. If they have expert witnesses, the expert witnesses may also present their reports at the hearing.
- Decree. The Court can enter a Decree of Dissolution of Marriage in Colorado as early as the 92nd day after the case is filed or the petition is served. The Decree is the final order from the Court regarding the Dissolution of Marriage.
Have more questions about a dissolution of marriage in Colorado? Feel free to reach out to us at admin@lawpolaris.com.
