What Do I Need to Know About Filing Divorce in Colorado with Help Yourself Divorce?
Help Yourself Divorce is a no-fault divorce service, for those who agree on the terms of the divorce and are both willing to sign the papers. The following is a list of requirements and information about what to expect from the process. Please note that this will only apply if you use the services of Help Yourself Divorce. Those seeking to use another route for their divorce should perform their own research about what to expect from the process.
Colorado Grounds for Divorce.
Colorado is a “no fault” divorce state. “Irretrievable breakdown of marriage” is the only ground for divorce under Colorado law.
Residency Requirements.
To file for divorce in Colorado with Help Yourself Divorce, at least one spouse must have been a resident of the state of Colorado for at least 90 days before filing the divorce papers.
If you and your spouse have minor children, the court must have jurisdiction over them. Generally this means your children must have lived in Colorado for at least six months and currently live in Colorado, or have lived in Colorado within six months of filing.
Please note that you may be able to qualify for residency based on other requirements. If you do not fall into one of the above categories, please seek advice from an attorney.
Filing Information.
Generally you will file your divorce in the Colorado county where either spouse lives.
Colorado Divorce Filing Fees.
When you file the papers, you will have to pay a separate filing fee to the Courts. Please check with your local court clerk to find out how much the current filing fee is.
Serving Your Spouse.
You have two options for how to file.
1. You can file a joint petition. If you file a joint petition, you don’t have to serve your spouse with the divorce papers. This is faster because you don’t have to wait until your spouse is served.
2. You can file with one spouse as petitioner and one spouse as respondent. If you choose this option, the petitioner will have to serve the respondent by mailing or hand-delivering a copy of the papers. Our service will prepare a form for your spouse to sign called a “Waiver and Acceptance of Service”, which serves as proof to the court that service has been properly made. Either you or your spouse will file this form with the court.
Waiting Period.
There is a 90-day waiting period before your divorce can be finalized. The 90-day waiting period begins EITHER the day you file a joint petition with the court, OR it begins the day your spouse signs the Waiver and Acceptance of Service, if you and your spouse file as petitioner and respondent.
Colorado Final Uncontested Divorce Hearing.
When Help Yourself Divorce prepares your divorce paperwork, you don’t need to attend a final hearing unless you have children. Because this will be an uncontested divorce, you can obtain your final divorce decree by filing an affidavit with the court. A judge will then sign your decree, and it is either mailed back to you or prepared for you to be picked up at the court.
However, if you do have children, and both spouses do not have an attorney, you must attend a brief final hearing.
If you have any questions about whether our service is right for you, please don’t hesitate to contact us.
IMPORTANT: Help Yourself Divorce is a paralegal service, not a law firm. Please don’t rely on this information for legal advice. Seek help from an attorney if you need legal advice.