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Online Divorce Document Preparation For Colorado Residents
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| FREQUENTLY ASKED QUESTIONS (FAQ) | |||
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What is an uncontested divorce? An uncontested divorce is one in which both parties agree to the divorce and the terms of the settlement.
Can I file for divorce in Colorado? In Colorado, at least one spouse must have been a resident of Colorado at least ninety days before filing for divorce. C.R.S. 14-10-106
What are the grounds for divorce in Colorado? Colorado is an “no fault” state—that means the only ground for divorce in Colorado is that the marriage is irretrievably broken with no chance of reconciliation. C.R.S. 14-10-106
How much does it cost to file for divorce in Colorado? Currently, the filing fee to file your petition is $184.00. The response fee is $70.00.
How long does it take to get a divorce in Colorado? In Colorado there is a mandatory 90 day waiting or cooling off period. In some cases a divorce can be final 90 days after the opposing party/spouse has been served with copies of the legal documents.
Who is the Petitioner and/or Respondent? The party that initiates the divorce action by filing the Petition for Dissolution of Marriage or Petition for Legal Separation and is named first on the divorce documents is called the Petitioner. The party who does not initiate or is named second on the divorce documents is referred to as the Respondent. If the divorce action is filed jointly by both spouses the second party named on the divorce documents may be referred to as the Co-Petitioner.
Where do I file my divorce papers? The divorce documents may be filed either in the county where the respondent lives or in the county where the petitioner resides if the respondent has been served in the same county or if the respondent is not a resident of Colorado. C.R.C.P. Rule 98(c).
How will I serve my spouse with the divorce documents? A spouse cannot serve the other spouse with the divorce documents. There are at least three options in serving your spouse with the divorce documents. If you spouse agrees to accept the divorce documents he/she can sign a waiver of service. The waiver of service must be notarized by a notary public. If your spouse does not agree to accept the divorce documents you can have a private person or sheriff serve your spouse. The private person must be someone over the age of 18 years old. The private person should not be a child of the marriage. If you are unable to locate your spouse to serve him/her with the divorce documents you can do so by publishing notice of the divorce in a local paper. ColoradoEZDocs can help you in preparing the proper paperwork to publish the notice of the divorce. C.R.C.P. Rule 4.
Service of Process – Is the way of notifying your spouse that you have filed for a divorce. As a party to the divorce action – you can not serve your spouse with the documents. There are three ways to notify your spouse of the divorce (C.R.C.P. 4)
1. Waiver of Service - Your spouse can agree to accept the documents by signing a Waiver of Service. Just because your spouse signs the waiver does not mean that they are agreeing to the filing spouses divorce demands.
2. Personal Service - You can hire a private process server or contact the local sheriff where your spouse lives to have them hand deliver the divorce documents to your spouse. If you hire a private process server—they must be over the age of 18 and not be a party to the divorce action. (Click on the related to find information on Colorado Sheriff’s Departments). If you do not know where to find your spouse after making reasonable efforts to locate them, you can...
3. Service by Publication - You can ask the court to publish notice of the divorce action in a local paper.
What happens at a Permanent Orders hearing? At the Permanent Orders hearing the judge will issue a Decree of Dissolution dissolving the marriage or Decree of Legal Separation. If there are any disputed issues concerning parenting time, allocation of parental decision making, child support, division of property and/or debts, spousal maintenance or any other relevant disputed issues --the court will listen to witnesses, review any admissible exhibits and make a decision resolving the disputed issues. The orders the court enters resolving the disputed issues is referred to as Permanent Orders.
How is property divided in Colorado? Colorado is an “equitable distribution” state. In a proceeding for dissolution of marriage or in a proceeding for legal separation or in a proceeding for disposition of property following the previous dissolution of marriage by a court which at the time of the prior dissolution of the marriage lacked personal jurisdiction over the absent spouse or lacked jurisdiction to dispose of the property, the court, subject to the provisions of subsection (7) of this section, shall set apart to each spouse his or her property and shall divide the marital property, without regard to marital misconduct, in such proportions as the court deems just after considering all relevant factors including: (a) The contribution of each spouse to the acquisition of the marital property, including the contribution of a spouse as homemaker; (b) The value of the property set apart to each spouse; (c) The economic circumstances of each spouse at the time the division of property is to become effective, including the desirability of awarding the family home or the right to live therein for reasonable periods to the spouse with whom any children reside the majority of the time; and (d) Any increases or decreases in the value of the separate property of the spouse during the marriage or the depletion of the separate property for marital purposes. C.R.S. 14-10-113.
Marital Property - means all property acquired by either spouse subsequent to the marriage except: (a) Property acquired by gift, bequest, devise, or descent; (b) Property acquired in exchange for property acquired prior to the marriage or in exchange for property acquired by gift, bequest, devise, or descent; (c) Property acquired by a spouse after a decree of legal separation; and (d) Property excluded by valid agreement of the parties.
Separate Property – means all property acquired by either spouse prior to the marriage or after the marriage if the Property is (a) acquired by gift, bequest, devise, or descent; (b) Property acquired in exchange for property acquired prior to the marriage or in exchange for property acquired by gift, bequest, devise, or descent; (c) Property acquired by a spouse after a decree of legal separation; and (d) Property excluded by valid agreement of the parties.
How is child support determined in Colorado? Child support is the amount of money typically paid by the non-custodial parent to the custodial parent to help pay for the every day needs of the children such a housing, food, clothing, he Child Support Guidelines as set out in (Colorado Revised Statute) C.R.S. § 14-10-115 determines Child support in Colorado.
Can I change my name in the divorce? Yes, you can ask in the Petition for Dissolution of Marriage or Petition for Legal Separation to have a prior name restored.
What is a common law marriage? A common law marriage is one created by the parties without having participated in a ceremonial marriage. A judge must determine if the parties are common law married based upon numerous considerations. Typically, common law married is typically based co-habitation among several other factors.
If I am common law married, do I need to get a divorce? Yes, because Colorado acknowledges common law marriages as a legal marriage, just like a ceremonial marriage, a divorce is necessary.
Gross Income? "Gross income" includes income from any source and includes, but is not limited to, income from salaries; wages, including tips declared by the individual for purposes of reporting to the federal internal revenue service or tips imputed to bring the employee's gross earnings to the minimum wage for the number of hours worked, whichever is greater; commissions; payments received as an independent contractor for labor or services; bonuses; dividends; severance pay; pensions and retirement benefits, including but not limited to those paid pursuant to article 64 of title 22, C.R.S., articles 51, 54, 54.5, 54.6, and 54.7 of title 24, C.R.S., and article 30 of title 31, C.R.S.; royalties; rents; interest; trust income; annuities; capital gains; any moneys drawn by a self-employed individual for personal use; social security benefits, including social security benefits actually received by a parent as a result of the disability of that parent or as the result of the death of the minor child's stepparent, but not including social security benefits received by a minor child or on behalf of a minor child as a result of the death or disability of a stepparent of the child; workers' compensation benefits; unemployment insurance benefits; disability insurance benefits; funds held in or payable from any health, accident, disability, or casualty insurance to the extent that such insurance replaces wages or provides income in lieu of wages; monetary gifts; monetary prizes, excluding lottery winnings not required by the rules of the Colorado lottery commission to be paid only at the lottery office; taxable distributions from general partnerships, limited partnerships, closely held corporations, or limited liability companies; and alimony or maintenance received. "Gross income" does not include child support payments received. (B) "Gross income" does not include benefits received from means-tested public assistance programs, including but not limited to assistance provided under the Colorado works program, as described in part 7 of article 2 of title 26, C.R.S., supplemental security income, food stamps, and general assistance. (C) "Gross income" includes overtime pay only if the overtime is required by the employer as a condition of employment. "Gross income" does not include income from additional jobs that result in the employment of the obligor more than forty hours per week or more than what would otherwise be considered to be full-time employment. (II) (A) For income from self-employment, rent, royalties, proprietorship of a business, or joint ownership of a partnership or closely held corporation, "gross income" means gross receipts minus ordinary and necessary expenses required to produce such income. (B) "Ordinary and necessary expenses" does not include amounts allowable by the internal revenue service for the accelerated component of depreciation expenses or investment tax credits or any other business expenses determined by the court to be inappropriate for determining gross income for purposes of calculating child support. (III) Expense reimbursements or in-kind payments received by a parent in the course of employment, self-employment, or operation of a business shall be counted as income if they are significant and reduce personal living expenses.
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