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How long does it take to get divorce in colorado

How long does it take to get divorce in colorado

Introduction

When considering a divorce in Colorado, understanding the timeline and process can help alleviate stress and uncertainty. This comprehensive guide will walk you through the steps involved in obtaining a divorce in Colorado, shedding light on the time it may take and offering valuable resources to assist you.

Step 1: Residency Requirements

Before filing for divorce in Colorado, either you or your spouse must be a resident of the state for at least 91 days.

Step 2: Filing the Petition

The divorce process begins by filing a Petition for Dissolution of Marriage with the district court in the county where either spouse resides.

Step 3: Service of Process

After filing, the other spouse must be served with divorce papers, giving them formal notice of the proceedings.

Step 4: Waiting Period

Colorado law imposes a mandatory 91-day waiting period from the date of service before a divorce can be finalized.

Step 5: Parenting Class

If you have minor children, both parties are required to attend a parenting class before the divorce can be granted.

Step 6: Discovery and Negotiation

During this phase, both parties exchange information relevant to the divorce, and negotiations may take place to resolve issues such as property division, alimony, and child custody.

Step 7: Finalizing the Divorce

Once all issues are settled, the court will issue a Decree of Dissolution of Marriage, finalizing the divorce.

Factors Affecting the Timeline

Several factors can influence how long it takes to get a divorce in Colorado:

  • Contested vs. Uncontested: An uncontested divorce where both parties agree on all issues tends to be quicker than a contested one.
  • Complexity of Issues: The more complex the issues, such as property division or child custody, the longer the process may take.
  • Court Caseload: The court’s caseload and availability can impact the timeline.

Useful Resources Links

For further guidance on getting a divorce in Colorado, consider these resources:

  1. Colorado Judicial Branch – Self Help Center
  2. Colorado Legal Services – Family Law

FAQs

How long does it take to get a divorce in Colorado?

The minimum waiting period is 91 days after the service of divorce papers, but the overall timeline can vary based on factors such as complexity and court availability.

Can I get a divorce sooner than 91 days?

The 91-day waiting period is mandatory and cannot be shortened.

Can I attend the parenting class online?

Yes, many courts offer online parenting classes that fulfill this requirement.

Do I need an attorney for a divorce in Colorado?

While not required, consulting with an attorney can help ensure your rights are protected and the process goes smoothly.

What if my spouse doesn’t respond to the divorce petition?

If your spouse fails to respond within the given time frame, you can request a default judgment.

Can I modify the divorce decree later?

Certain aspects of the decree, such as child custody and support, can be modified if circumstances change.

Conclusion

Getting a divorce in Colorado involves several steps, and the duration can vary depending on individual circumstances. By understanding the process, utilizing available resources, and seeking legal advice when necessary, you can navigate the divorce process with confidence and clarity.

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