Divorce with Children of Marriage (Flow-Chart)
The first step to divorce in Colorado
If filing on your own complete forms- çè If filing jointly complete forms-
Case information Case information
Petition Petition
Summons
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Either party must reside in Colorado
File in the county either party resides in and pay the filing fees.
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Review documents that you receive by the court
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Complete Forms:
Certificate of Compliance
Sworn Financial Statement
Parenting Plan
Separation Agreement
Decree
Support Order
Pretrial Statement-only complete this if you and your spouse do not agree on all the issues identified in the separation agreement.
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Attend Status Conference and Parenting Class
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If you and the other party agree on all issues-
Attend final hearing— The decree and support order may be entered on or after the 91st day.
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If you and the other party do not agree on all issues-
You may be required to attend Mediation
A contested hearing may be set
Divorce without Children of Marriage (Flow-Chart)
The first step to divorce in Colorado
If filing on your own complete forms- çè If filing jointly complete forms-
Case Information Case information
Petition Petition
Summons
ê
Either party must reside in Colorado
File in the county either party resides in and pay the filing fee.
ê
Review documents that you receive by the court
ê
Complete service-if filing on your own-
A disinterested person who is 18 years or older must serve copies of all documents to the other party.
Provide proof of service to the court
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Complete forms-
Certificate of Compliance
Sworn Financial Statement
Affidavit for decree without appearance
Decree
Pretrial Statement
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Status Conference-You may be required to attend-
Bring forms requested by the court
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If you and the other party agree on all the issues-
The decree may be issued on the 91st day
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If you and the other party do not agree on all the issues-
You may be required to attend a mediator
A contested hearing may be set
The Decree may be entered at the conclusion of your hearing once all issues have been resolved.
In order to be divorced the marital relationship must have
“Irretrievable Breakdown”
C.R.S. 14-10-110 (2008)
The situation that exists between either or both spouses no longer are able or willing to live with each other, there by destroying their husband and wife relationship with no hope of resumption of spousal duties.
This means that the reason for seeking a divorce does not have to be proof of wrongdoing by the other spouse.
Mandatory Restraining Orders in Colorado
Once the spouse is served or signs a waiver, an automatic injunction goes into effect prohibiting both parties from:
1. Removing the children from Colorado
2. Disturbing or harassing the other spouse.
3. Hiding, destroying, transferring or disposing of marital property, except in the ordinary course of business.
4. Canceling or modifying any insurance (health, auto, life, etc.) without your spouse's written consent or the Colorado
Pursuant to C.R.S. 14-10-107 (2006)
Status Conference
For parties seeking to resolve their divorce through mediation, the parties are required to go to a “status conference.” This is an informal meeting conducted by a family court facilitator. At the status conference, the judicial officer monitors the parties’ exchange of information and discussed tasks and established time-lines to move the case forward.
Temporary Orders
Temporary Orders are optional for parties. When you meet with the Family Court Facilitator, Magistrate, or Judge during an Initial Status Conference you should discuss this issue, or you may request the Court to make temporary decisions about property, debts, and spousal support/maintenance, if applicable, by requesting a Temporary Orders Hearing. A Motion for Temporary Orders cannot be filed without prior approval of the Court pursuant to Colorado Rule of Civil Procedure 16.2(c)(4)(B).
Mandatory Disclosures
Pursuant to C.R.C.P. 16.2(e)(2)
(a) Financial Statement.
(b) Income Tax Returns (Most Recent 3 Years).
(c) Personal Financial Statements (Last 3 Years).
(d) Business Financial Statements (Last 3 Years).
(e) Real Estate Documents.
(f) Personal Debt.
(g) Investments.
(h) Employment Benefits.
(i) Retirement Plans.
(j) Bank/Financial Institution Accounts.
(k) Income Documentation.
(l) Employment and Education-Related Child Care Documentation.
(m) Insurance Documentation.
(n) Extraordinary Children’s Expense Documentation.
Separation Agreement
The parties can enter into a separation agreement if they are separated or are about to separate but do not necessarily want a divorce. The agreement discusses property division, child custody, child support and maintenance of spouse.
Child Support
Child support in Colorado
Child Custody
The courts decision in awarding custody is based on the best interest of the children. Factors the court uses to establish custody and parenting time include: wishes of the child’s parents, wishes of child if they are sufficiently mature, the relationship between child and parents, if either party has been a perpetrator of child abuse or neglect.
Property Division
Property of the marriage is to be divided "equitably." Equitably does not mean equally, but fairly. Marital property means all property acquired by either spouse subsequent to the marriage except property acquired by gift or inheritance
Maintenance
If one spouse is unable to be self-supporting through employment or assets set aside to them, the court may grant them maintenance (called alimony in some other states). Unlike property division, alimony is to be paid out of future income. The order of maintenance is to be an amount the court deems just after considering the following factors:
(a) The financial resources of the party seeking maintenance (b) The time necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment and that party's future earning capacity; (c) The standard of living established during the marriage; (d) The duration of the marriage; (e) The age, physical and emotional condition of the spouse seeking maintenance; and (f) The ability of the spouse from whom maintenance is sought to meet their needs while meeting those of the spouse seeking maintenance.
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