The Colorado Divorce Process

Getting divorced in Colorado is a process. There are certain documents that must be prepared in the process and submitted to the court. After filing the petition, you prepare and exchange financial disclosures. There are agreements required for every divorce. If there are no children, then just a separation agreement is necessary. If there are children, then a parenting plan is also required. If the parties can not agree to a separation agreement and/or a parenting plan, the court can hear evidence and decide property division and child custody for the parties.

The separation agreement specifies property division, to include assets and debts as well as spousal maintenance AKA alimony. Each asset and debt is listed individually and the agreement is very detailed. Only assets and debt listed are divided so it is important to be comprehensive. For each asset and debt, the person who will receive the asset or liability is listed. Sometimes title transfers are required and the agreement should specify a deadline for these to occur. Common transfers involve quit claim deed for homes or title transfers for vehicles.

The parenting plan sets forth what time each parent will have with the child and whether decision-making will be shared between the parties. It also address child support. Colorado has child support guidelines that can be calculated to determine what amount of support is owed. The calculation takes into account the parents incomes and the number of overnights the parents have with the children. Child support is the right of the child.

A support order shows what amount of support is to be paid to children and/or a former spouse and the timing of the payment. The court must sign this separate support order even though the information is also included in the separation agreement and parenting plan. Support can be paid directly or through an income assignment.

It is necessary to submit a proposed decree. Usually the separation agreements and parenting plans are incorporated into the decree if the parties have reached agreement on the plans.

There is a statutory 91-day waiting period between service of process and issuance of the decree. Thus, 91 days is the fastest that a divorce can happen even if the parties agree on everything. They can take much longer depending on the level of cooperation or conflict.

How can an attorney help in Colorado Springs divorce and family law? An attorney can assist you in divorce and family law matters by helping you navigate through legal challenges. Determining how the court will view a legal situation can be difficult for those without an in-depth knowledge of the law.

A Colorado Springs divorce and family law attorney can guide you through divorce by negotiating, mediating and litigating. This allows you to focus on moving forward to a better future rather than on spending your time trying to figure out the overly complex court system. Contact us at 719-344-5523 or complete our online form to set up a free thirty-minute informational consultation.