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You must be domiciled in Colorado for 90 days prior to filing a Colorado divorce action. The only grounds for divorce is that the marriage is irretrievably broken. The testimony of one spouse that the marriage is irretrievably broken is sufficient proof.
The divorce process is started by the filing of a Petition. You may need an Affidavit as to Children if you have dependent children. These documents must be filed in the county in which you reside.
As soon as a divorce is filed, a special court order called a "temporary injunction" automatically goes into effect for the protection of both parties. This order covers both spouses and is printed on the Summons. The automatic order basically says that a) children shall not be taken from the state for any reason without agreement of the parents or court order; b) neither party shall disturb or harass the other; and c) property of the marriage shall not be hidden, destroyed, transferred or borrowed against without consent, except in the usual course of business or for the necessities of life.
Sometimes, additional protection becomes necessary and you may need to obtain a Temporary Restraining Order against your spouse. We are often able to obtain immediate protection in those cases where additional protection is necessary.
Everyone must wait 90 days after completion of service before a decree of divorce may be entered. As a practical matter, it usually takes longer. Not everyone will need to appear in court to obtain a divorce. If the parties are able to agree on all matters, a separation agreement will be drafted and all appropriate documents can be submitted to the Court by mail at any time after the expiration of the 90 time period. We encourage our clients to work toward an amicable settlement agreement. A settlement of divorce issues saves fees, emotional distress and time away from that which is important to you.
If the parties are not able to reach an agreement, a court date is set. This hearing is called a Permanent Orders hearing and is usually held at least six months following a setting. The degree of conflict and difficulty in negotiating resolution also determines the length of time a divorce will take. Custody evaluations, property appraisals or other investigation can add significantly to the time it takes.
The Court will not automatically issue the divorce decree within the 90 days. It is up to the parties to file an agreement or set the matter for hearing. If neither party does anything for a period of one year from the date of service, the court will notify the parties that the case will be dismissed if action is not taken within a certain period of time.
Every part of your divorce can be resolved by agreement. You are in the best position to create a solution that really works for you. The Court will review your agreements and normally approve them. The only exception may be child support, which must be set at the amount calculated in the Child Support Guidelines, which is a statutory amount and rarely can be altered. If you cannot agree on all of the issues, you will need to have these issues decided by the judge at the permanent orders hearing.
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