How to Get a Divorce in Colorado
A divorce, or a dissolution of marriage, terminates a marriage. In Colorado, it is not necessary to establish fault in a divorce. The only ground for divorce is the marriage is irretrievably broken. During the divorce, you and your spouse will make important decisions regarding the division of property and debts and will decide on the custody of minor children (if applicable).
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Things You'll Need
- Case Information Sheet
- Petition for Dissolution of Marriage
- Summons for Dissolution of Marriage
- Filing fee
- Certificate of Compliance
- Financial statement
- Parenting plan
- Separation agreement
- Child Support Worksheets A and B
Instructions
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Complete a Case Information Sheet, a Petition for Dissolution of Marriage and a Summons for Dissolution of Marriage. On the information sheet, you must provide the contact information for you and your spouse and the names, dates of birth and Social Security numbers for your children. The petition requires you to provide the dates of the marriage and separation and the names of your children. You also must let the court know whether you are requesting a restraining order or whether there is an existing case with Child Support Enforcement. You and your spouse, if you are filing the petition together, must sign the form in front of the court clerk or a notary public. If you are not filing the petition with your spouse, complete the summons. Provide your name and your spouse's name and check the Dissolution of Marriage box. The summons will notify your spouse of the pending divorce action.
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File the information sheet, the petition and the summons with the clerk of the court. Pay the $230 (as of 2011) filing fee.
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Serve your spouse with the petition and the summons. Unless your spouse waives the service requirement by signing a Waiver and Acceptance of Service form, service of process must occur by personal service or by mail. You can request the sheriff, a professional process server, or any person age 18 or older and not involved in the case to serve the documents by personal delivery to your spouse. If personal service is not possible, you may have a process server mail the forms to your spouse.
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Provide your spouse with the documents the court identified as required on the Mandatory Disclosure form. These documents may include a financial statement, copies of tax returns, income documentation or a list of investments. You will not file these forms with the court, but you must acknowledge that you provided this information to your spouse by completing a Certificate of Compliance.
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File a sworn financial statement, parenting plan, separation agreement that contains the terms to which you and your spouse have agreed, and Child Support Worksheets A and B with the clerk of the court.
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Attend the hearing. The judge will issue an order/decree that divides property and debts and determines custody, child support and maintenance. Provide the court with a self-addressed stamped envelope to receive a copy of the court's final decree and support order.
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