Starting a Divorce
You must be domiciled in Colorado for 90 days
prior to filing a Colorado divorce action. The only ground for divorce is that the
marriage is irretrievably broken and the testimony of one spouse that the marriage is
irretrievably broken is sufficient proof.
The divorce is started by preparing and filing some papers with the district court in
the county in which you reside. These will include at a minimum a petition and a summons
and you will also need an affidavit as to children if you have dependent children. A good
source for forms is the Colorado
Courts site.
Automatic Restraining Order
As soon as a divorce is filed, a special court order called a "Temporary
Injunction" automatically goes into effect for the protection of both parties. This
order covers both spouses and is printed on the summons.
The automatic order provides that you and your spouse are:
(A) Restrained from transferring, encumbering, concealing, or in any way
disposing, without the consent of the other party or an order of the court, of
any marital property, except in the usual course of business or for the
necessities of life, and requiring each party to notify the other party of any
proposed extraordinary expenditures and to account to the court for all
extraordinary expenditures made after the injunction is in effect;
(B) Enjoined from molesting or disturbing the peace of the other party; and
(C) Restrained from removing the minor child or children of the parties, if
any, from the state without the consent of the other party or an order of the
court;
(D) Restrained, without at least fourteen days’ advance notification and
the written consent of the other party or an order of the Court, from
canceling, modifying, terminating, or allowing to lapse for nonpayment of
premiums, any policy of health insurance, homeowner’s or renter’s insurance,
or automobile insurance that provides coverage to either of the parties or the
minor children or any policy of life insurance that names either of the
parties or the minor children as a beneficiary.
If you are contemplating any of the actions described in above, you should bring that
to your attorney's attention immediately, even if your divorce has not yet been filed. If
you know any of these actions have been or might be taken by your spouse, you should also
bring that to the immediate attention of your attorney.
Decree
Everyone must wait 90 days after completion of service before
they can be divorced. As a practical matter, it usually takes longer. The order of the
court dissolving the marriage is called a Decree of Dissolution of Marriage or divorce
decree.
If both parties agree to everything that must be decided, the court will usually
approve an appropriate agreement between the parties and issue a divorce decree as soon
after the 90 days as the agreement and final divorce documents are submitted. If the
parties agree to everything and there are no children or there are children but both
parties are represented by attorneys, a divorce decree may be obtained by submitting
appropriate documents to the court by mail after the 90 days.
Contested Hearing
If the parties cannot reach an agreement, they must wait for a court date. Depending on
the court docket where your case is pending, and the time needed to have a Judge decide
the questions left undecided, this may take as long as six months or more. This hearing is
called a "Permanent Orders" hearing and is held in front of a Judge.
Whether the parties agree to everything, or cannot agree, the divorce can take more or
less time depending on the actions of the parties. Even when both parties are in
agreement, each will need to make full financial disclosure to the other (discussed below)
and prepare certain documents to file with the court, which can take longer than the 90
days. In the event the parties cannot agree, the degree of conflict and difficulty in
negotiating resolution will greatly impact the length of time a divorce will take. Custody
evaluations, property appraisals or other investigations can add significantly to the time
it takes to get a divorce.
The court will not automatically issue the divorce decree within the 90 days. It is up
to the parties to file an agreement or set the matter for hearing. If neither party does
anything for a period of one year from the date of service, the court will notify the
parties that the case will be dismissed if action is not taken within a certain period of
time.
Agreements
Every part of your divorce can be resolved by agreement. In fact, experienced divorce
lawyers and judges will tell you that you are in the best position to create a solution
that really works for you. The court will review your agreements, but will normally
approve them. The exception is child support, which generally must be set at the amount
calculation under the Child Support
Guidelines. Agreements may be sent to the court for approval by mail, except in cases
with children where there is at least one person without a lawyer. Final agreements in
those cases require a personal appearance so the judge can check the agreement and give
any advice that may be necessary.
If you can't agree on any portion of your divorce, you will need to have it decided by
a judge. You usually make an appointment for a hearing in front of a judge by filing a
document called a "notice to set," which tells the person on the other side when
you will be scheduling this hearing.
