Colorado Divorce Laws -
What to Expect When Help Yourself Divorce Prepares Your Colorado Divorce

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.

 

Filing Information.
You may file your divorce in the Colorado county where either spouse lives.

 

Service.
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.

 

Final Hearing.
When Help Yourself Divorce prepares your divorce paperwork, you don't need to attend a final hearing unless you have children. When you have a settlement agreement and everything is agreed, 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.

 

 

©Help Yourself Divorce 2002-2008

IMPORTANT: Help Yourself Divorce is a paralegal service, not a law firm. Seek help from an attorney if you need legal advice.