Are you considering divorce? It’s a difficult decision, and navigating the legal process can feel overwhelming. But with the proper knowledge and guidance from family law attorneys such as our team at Johnson Law Group, you can approach this transition with clarity and confidence. This blog post is a starting point for Colorado residents contemplating divorce, outlining the essential steps to file for divorce.
Financial Documents: The Cornerstone of Your Case
Family Law Attorney Timothy Dudley of Johnson Law Group emphasizes the importance of gathering financial documents before filing for divorce in Colorado. These disclosures are crucial for the court to make informed decisions regarding property division, spousal maintenance (alimony), and child support (if applicable).
Here’s a breakdown of the critical financial documents you’ll need and their value:
- Tax Returns: You must provide the last three years of your personal and business federal tax returns, including schedules, W-2s, 1099s, and K-1s to provide a snapshot of your income and financial situation. The court uses tax returns to determine each spouse’s earning capacity and potential for future income.
- Bank Statements: Gather recent statements for every bank and financial institution account for all your accounts. The court analyzes bank statements to assess your standard of living and spending habits. This information determines an appropriate amount for spousal and child support (if applicable). Additionally, bank statements can help identify marital assets, such as jointly held accounts.
- Retirement Account Statements: Did you know retirement accounts are considered marital assets in Colorado? Holdings in retirement funds, money markets, and investment funds all need to be documented through account statements. Account statements are crucial for determining the value of these assets and ensuring an equitable division during the divorce settlement.
- Debt Records: Compile documentation of all your debts, including credit cards, loans, and your mortgage. Debt records help the court determine the total marital debt and allocate it fairly between spouses. Knowing your debt obligations allows the court to assess each spouse’s financial capacity for future expenses and support payments.
- Asset Records: Document your assets, including vehicles and other valuable possessions. Asset records ensure transparency and allow the court to accurately value and distribute these assets fairly between spouses. Additionally, the court may consider appreciating assets when calculating future financial obligations like spousal support.
Filing Your Petition
The Colorado Judicial Branch publishes the dissolution forms, and the packet differs depending on whether you have children. The core set is the case information sheet, the petition, and either a summons, a waiver of service, or nothing further if you file jointly. Cases with children add a parenting plan and child support worksheets.
The petition asks you to state that the marriage is irretrievably broken, which is the only ground Colorado recognizes. One of you must have been domiciled in Colorado for at least 91 days before filing. You file in the district court for the county where you or your spouse lives, and filing is what officially opens the case.
Denver District Court hears domestic relations cases at the City and County Building, 1437 Bannock Street, Room 256, Denver, CO 80202. The Lindsey-Flanigan Courthouse handles Denver’s criminal and juvenile matters, so paperwork taken there will be in the wrong building. Denver also has its own local practices for domestic relations filings, and knowing them before you go saves a second trip.
Adams, Arapahoe, El Paso, Jefferson and Larimer district courts are the other common filing locations. Each has its own procedures, so check that court’s page before filing rather than assuming a single statewide process.
Before You File
Court filing fees can be waived if you cannot afford them, which takes its own motion and financial affidavit. If you file alone, you are the petitioner and your spouse is the respondent. Spouses can also file one petition together as co-petitioners.
Hold on to a date-stamped copy of every document you file. That record is what resolves a dispute about whether something was filed on time.
Do You Have to Appear?
Some agreed cases can finish without a final hearing, using an affidavit for decree without appearance. That route is open if you have no minor children and neither spouse is pregnant, or if you do have children and both spouses have attorneys with a separation agreement covering parental responsibilities and support.
Most courts still hold an initial status conference early in the case. The affidavit does not shorten the 91-day waiting period, and the court can still require a hearing on its own motion. Where terms are contested, expect at least one hearing.
How Long the Disclosure Process Takes.
At Johnson Law Group, we understand the decision to file for divorce is rarely a simple one. While the emotional journey may take time, having a family law attorney by your side can offer a sense of control. Now that you know about the disclosure process, let’s address how long it takes.
The Initial Disclosure Deadline:
Following the filing of your Petition for Dissolution of Marriage, the Colorado court system mandates a specific timeframe for submitting your financial disclosures. This period is typically 42 days after one spouse serves the other divorce papers. This time frame allows both parties to gather the necessary documents and prepare their disclosures.
Beyond the 42-Day Mark:
While 42 days is the initial deadline, you can request an extension from the court under certain circumstances. For instance, a judge may grant an extension if you or your spouse require additional time to gather complex financial records. It’s crucial to consult with your attorney regarding extensions and ensure all necessary documentation is submitted promptly to avoid potential delays in the divorce proceedings.
Serving the Other Party:
Service is by personal delivery. A sheriff’s deputy, a process server, or any adult who is not a party can hand the documents to your spouse, leave them at your spouse’s home with an adult family member, or deliver them at work to certain people the rule names. Your spouse can instead sign a waiver and acceptance of service, which has the same legal effect.
If you cannot complete service despite real effort, the court can authorize another method, including certified mail or publication in some cases. Whichever route applies, the return of service has to be completed and filed. An incomplete return of service will stall the case.
Service also starts the clock. A decree cannot enter until at least 91 days after the court has jurisdiction over your spouse through service, joint filing, or waiver.
Considering Mediation for a Smoother Resolution
Divorce can be emotionally charged, but consider exploring mediation as an alternative to courtroom battles. Mediation is a collaborative process where a neutral third party facilitates communication and helps you and your spouse reach agreements regarding property division, child custody (if applicable), and spousal support. This approach can generally lead to a more amicable and cost-effective resolution. Mediation is not the only route out of a contested case. A collaborative process uses each spouse’s own attorney and a written commitment to settle outside court. The trade-off is that if it fails, both attorneys withdraw before litigation begins.
After the Decree
A Colorado divorce ends with a decree, and that decree is a document you will need for years. Order certified copies from the clerk, and bring them to any institution that needs proof of the change.
A retirement plan administrator is the common example. Dividing an employer retirement plan usually requires a qualified domestic relations order the plan approves, which can be part of the decree or a separate order. IRAs and government plans follow their own rules.
When to Seek Legal Guidance from a Family Law Attorney
While this blog post provides a basic overview, every divorce is unique. Consulting with a qualified family law attorney in Colorado is essential to protecting your rights, and your best interests are represented during the process. Having a knowledgeable attorney on your side can ensure you understand the nuances of Colorado divorce law, protect your financial interests, and represent you in court if the case gets there.
Johnson Law Group: Your Trusted Partner in Colorado Family Law
At Johnson Law Group, our experienced family law attorneys understand divorce’s emotional and legal complexities. We are committed to providing empathetic and strategic counsel to Colorado residents as they face this difficult transition.
We offer comprehensive legal guidance throughout the divorce process, including:
- A FREE initial consultation to discuss your specific situation and answer your questions.
- Assistance with gathering and organizing financial documents.
- Drafting and filing legal documents, including your divorce petition.
- Negotiation of property division, spousal support, and parental responsibilities (custody) and parenting time agreements (if applicable).
- Representation in court proceedings, if necessary.
Contact Johnson Law Group today to schedule a FREE consultation and discuss your divorce case with an attorney who truly cares. We are here to help you navigate this challenging time and achieve a fair and favorable outcome. We are also available to speak on the phone at (720) 452-2540.
Every divorce is different, and the right first step is a conversation about your specific situation. Schedule a free, no-pressure consultation and get a clear read on where you stand and what the process will ask of you.