If you’re considering divorce in Colorado, you may have many questions about the process. While every divorce is unique, there are some common queries that arise for many people. Understanding the answers to these questions can help you feel more prepared and confident as you navigate your divorce. Here are the top four most common divorce questions people search for in Colorado, and how understanding them can benefit you during the process.
1. Do You Have to Be Separated Before Filing for Divorce in Colorado?
Unlike some states, you don’t need to be separated for a certain period before filing for divorce in Colorado. Once you file, the clock starts ticking, and the process can move forward. However, there is a 91-day waiting period between the time you file for divorce and when the court can issue a decree of dissolution, which officially terminates the marriage.
This waiting period gives both parties time to consider the decision and, if possible, work toward reconciliation or resolve their issues outside of court. In some cases, the waiting period can be used to gather financial documents, develop a parenting plan for any children involved, and make other necessary preparations for the divorce settlement. It’s important to understand that while you don’t need to be separated beforehand, this waiting period is a mandatory part of the process.
You may wonder why the waiting period exists. Colorado law allows this cooling-off period for a few reasons. It gives both parties time to reconsider their decision and take stock of their options. It also provides time for both individuals to organize their finances, negotiate terms, and reach an agreement on critical matters such as child custody and division of assets, potentially avoiding a prolonged legal battle.
2. What Happens After You File for Divorce in Colorado?
Once you file for divorce in Colorado, a few critical steps follow, but the process doesn’t immediately lead to the dissolution of your marriage. As mentioned, there is a 91-day waiting period before the divorce can be finalized. During this time, several important tasks occur, including:
- Serving the Divorce Papers: Your spouse must be notified of the divorce petition. This can be done through personal service or by mail.
- Temporary Orders: In some cases, temporary orders for custody, child support, spousal support, and living arrangements may be necessary to establish how both parties will handle their responsibilities during the divorce process. These temporary orders ensure that both parties adhere to an agreement while the divorce is pending.
- Discovery Process: Both parties will exchange information related to finances, assets, and debts to ensure that the divorce settlement is fair. This includes completing financial affidavits, providing bank statements, and disclosing property ownership. Full transparency is necessary to prevent hidden assets from complicating the proceedings.
The 91-day period is an opportunity to gather necessary information, consider your options, and negotiate a settlement before the divorce becomes final. This time can also be used to explore alternatives like mediation to potentially reach a resolution without needing a lengthy court battle. Many couples use this time to find common ground and resolve issues amicably, which can save both time and money.
3. What Is a Divorce Decree and What Does It Include?
A divorce decree is the final legal document that officially ends your marriage. Once the judge signs the decree, your divorce is complete, and the court has issued its orders on all aspects of the divorce, including property division, custody, and support.
In Colorado, the divorce decree will typically include:
- Division of Property: The decree will specify how the marital assets and debts are divided between you and your spouse. This includes all property that was acquired during the marriage, along with any debts.
- Custody and Parenting Time: If you have children, the decree will outline custody arrangements, including physical and legal custody, as well as a parenting plan. It also sets forth visitation schedules and guidelines for both parents’ involvement in the child’s life.
- Support Payments: Any orders for alimony or child support will be included in the decree. Colorado courts consider several factors in determining support, including each spouse’s financial resources, the needs of any children, and the length of the marriage.
- Final Judgment: This confirms the dissolution of the marriage and all related terms.
The divorce decree is a legally binding document, so it’s essential that you fully understand its contents before the judge signs it. A divorce decree can be modified later if circumstances change, but only under specific legal conditions. It’s always a good idea to review it with your attorney to ensure that it accurately reflects your interests and does not contain any unexpected surprises. For example, if there are children involved, it’s essential to confirm that the custody arrangements are in their best interests, and that child support calculations are accurate.
4. Understanding the 91-Day Waiting Period in Colorado
As mentioned earlier, Colorado requires a 91-day waiting period after filing for divorce before a judge can issue a final decree. While this waiting period might seem like a formality, it plays an essential role in the process. It’s a required cooling-off period that ensures both parties have adequate time to consider the divorce and resolve any disputes before the marriage is officially dissolved.
During this waiting period, both parties are encouraged to consider the following:
- Mediation or Settlement Negotiations: The waiting period provides an excellent opportunity to negotiate a settlement outside of court, reducing the time and costs associated with litigation. Mediation can help both parties discuss their differences in a neutral, controlled setting, with the assistance of a mediator to facilitate a fair agreement.
- Child Custody and Support Agreements: If you have children, the waiting period gives you time to develop an agreement on custody and support that best meets their needs. It also allows you to evaluate how to co-parent effectively after the divorce, which is crucial for the well-being of the children.
- Financial Planning: Use this time to work with your attorney and financial advisors to ensure a fair and equitable division of assets and liabilities. This is the time to consider the long-term financial impact of the divorce, such as retirement savings, health insurance, and spousal support.
The 91-day waiting period is a necessary part of the divorce process, and while it may feel like an inconvenience, it gives both parties a chance to reflect on their decisions and move forward with the necessary information and agreements in place. This time is also an opportunity to secure the guidance you need, from gathering financial records to discussing custody matters with your attorney.
