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Colorado Divorce Self-Help Center

Many customer Colorado divorce questions are answered here.  Browse from the topics below or use the search box to narrow your search.
 
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General Information State Procedures   Custody, Visitation, Support
  Property and Debts   Special Circumstances Additional Resources
STATE PROCEDURES
How much is the filing fee in Colorado? 1837
The filing fee charged by the Court is NOT included in the DivorceWriter price. The divorce filing fee in Colorado is $230.00.
How do I serve my spouse with the divorce papers in Colorado? 1659
Because both spouses will be signing the Petition, formal service of divorce papers on the non-filing spouse is not required.
Will either of us be required to attend a court hearing? 1699
If the spouses have no minor children together and the wife is not pregnant, a hearing is not required. If there are minor children together, the spouses must attend a brief final hearing. If the non-filing spouse is unable to attend the hearing, DivorceWriter will provide a Motion for Absentee Testimony and Order for Abseentee Testimony.
What are the basic steps to getting a divorce in Colorado? 1656
1) Both spouses sign the Petition for Dissolution of Marriage, and then one spouse files it with the Clerk of Courts.
2) The Court will send you a Case Management Order or similar document, after which time both spouses sign the remaining documents and one spouse files them with the Court. (Couples with children are required to attend a parenting class as well as a brief final hearing.)
3) Wait 90 days to receive your Decree of Dissolution of Marriage signed by the Judge.
What documents are included in the self-prepared Colorado DivorceWriter package? 1658

If you purchase a DivorceWriter Colorado divorce, you are selecting the following forms:

  • Case Information Sheet (JDF 1000)
  • Petition for Dissolution of Marriage(JDF 1101)
  • Petitioner's Sworn Financial Statement (JDF 1111) with Supporting Schedule (JDF 1111-SS)
  • Co-Petitioner's Sworn Financial Statement (JDF 1111) with Supporting Schedule (JDF 1111-SS)
  • Petitioner's Mandatory Disclosure (JDF 1125)
  • Co-Petitioner's Mandatory Disclosure (JDF 1125)
  • Petitioner's Certificate of Compliance (JDF 1104)
  • Co-Petitioner's Certificate of Compliance (JDF 1104)
  • Spousal Maintenance Advisement
  • Separation Agreement (JDF 1115)
  • Decree of Dissolution of Marriage (JDF 1116)
  • Affidavit for Decree without Appearance of the Parties (JDF 1201) (For divorces with no minor children only)

If you indicate that you have minor children, you are also selecting these additional forms:

  • Parenting Plan (JDF 1113)
  • Child Support Obligation Worksheet (Worksheet A for Sole Physical Care or Worksheet B for Shared Physical Care)
  • Notice to Set Hearing (JDF 1123)
  • Notice of Hearing (JDF 1124)
  • Motion for Absentee Testimony (JDF 1309) and Order for Absentee Testimony (JDF 1310) (If one spouse is unable attend the hearing)
  • Support Order (JDF 1117)
What are the Colorado residency requirements for filing for divorce? 1708
To file for divorce in Colorado, at least one spouse must have lived in Colorado for at least ninety (90) days before the divorce is filed. Colorado Revised Statute 14-10-106(1)(a)(I). While an out-of-state spouse is entitled to file for divorce in Colorado based on the other spouse having lived there for at least 90 days, it is usually easier for the resident spouse to file since he or she probably lives closer to the Clerk's office and courthouse.

The proper county for filing is the Colorado county where either spouse lives.
What are the grounds for filing for divorce in Colorado? 1643
The only grounds for divorce in Colorado is the irretrievable breakdown of the marriage.
Where do I file the divorce documents in Colorado? 1623
Divorces are filed at the District Court in the county of filing.
What is considered to be the date of separation in Colorado? 2774
Here the term "separation date" refers to the date when the spouses decided to end the marriage with no intent to reconcile. This date is often a matter of interpretation. It is sometimes the date that the spouses stopped living together under the same roof, although in Colorado, as long as the spouses consider the marriage over, do not intend to reconcile, and do not have a sexual relationship, they may seek a divorce even if they are living under the same roof.
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CUSTODY, VISITATION, SUPPORT
Will we be able to customize our documents to fit our specific custody and visitation arrangement? 1654
In Colorado, parents often choose joint decision making responsibility of the children with either (1) one parent having primary residential responsibility of the children or (2) both parents having shared residential responsibility of the children. With shared residential responsibility, the other parent has between 92 and 182 overnights with the minor children. When one parent has primary residential responsibility, the other parent has less than 92 overnights.

Parents also have the option of designating one parent to have both decision making and residential responsibility of the children.

Choose to customize as little or as much as you need.
  • Create a detailed schedule for vacations, holidays, and special occasions, including beginning and end times, or choose to keep your regular schedule during those times.
  • List your parenting schedule priorities to resolve potential conflicts before they arise.
  • Designate the amount of time each parent will spend with the children.
When does the duty to support a child cease in Colorado? 1637
Unless a court finds that a child is otherwise emancipated, emancipation occurs and child support terminates without either party filing a motion when the last or only child attains nineteen years of age unless one or more of the following conditions exist:
  • The parties agree otherwise in a written stipulation after July 1, 1997;
  • If the child is mentally or physically disabled, the court or the delegate child support enforcement unit may order child support, including payments for medical expenses or insurance or both, to continue beyond the age of nineteen;
  • If the child is still in high school or an equivalent program, support continues until the end of the month following graduation. A child who ceases to attend high school prior to graduation and later reenrolls is entitled to support upon reenrollment and until the end of the month following graduation, but not beyond age twenty-one. See Colorado Revised Statute 14-10-115(13). (IV) If the child marries, the child shall be considered emancipated as of the date of the marriage. If the marriage is annulled, dissolved, or declared invalid, child support may be reinstated. (V) If the child enters into active military duty, the child shall be considered emancipated.
What if my spouse and I have agreed to a child support amount that is different from the standard amount? 1650
Courts may allow the parties to choose a child support amount that is different from the guidelines if using the guidelines would be inequitable, unjust, or inappropriate. These reasons may include, but are not limited to:
  • The extraordinary medical expenses incurred for treatment of either parent or a current spouse;
  • Extraordinary costs associated with parenting time;
  • The gross disparity in income between the parents;
  • The ownership by a parent of a substantial nonincome producing asset;
  • Consistent overtime not considered in gross income; or
  • Income from employment that is in addition to a full-time job or that results 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.
See Colorado Revised Statute 14-10-115(8)(e).
How is child support calculated in Colorado? 1626
Based on the information provided by the customer when completing the Colorado online interview, a computer generated Child Support Worksheet is automatically created and sent to the customer as part of the DivorceWriter package. For more information, see Colorado Revised Statute 14-10-115.
When can a child support order be modified in Colorado? 1657
A child support order can be modified in Colorado if there has been a showing of changed circumstances so substantial and continuing as to make the terms of the existing child support order unfair. For additional information on child support modification, see Colorado Revised Statute 14-10-122.
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PROPERTY AND DEBTS
What options do we have for our real estate? 1887
The DivorceWriter online interview provides an array of options for disposing of your real... more
Why do I have to complete financial disclosures in an uncontested divorce? 3877
More than half of the states require one or both spouses to complete a document listing th... more
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SPECIAL CIRCUMSTANCES
What if one spouse is living in a foreign country? 733
If your spouse is able to receive documents in the mail and is willing to sign and return ... more
What if one spouse is in the military? 803
If both parties are willing to sign the papers, ending your marriage when a spouse is in t... more
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