How to Apply for Divorce in Colorado
- 1). Remain in the state of Colorado or return to Colorado before filing a divorce. Colorado has strict residency rules regarding filing for a divorce. One party must reside in the state for at least 90 days before the court hearing in order for the court to determine jurisdictional legitimacy for granting a divorce. If both parties have moved outside of the state, the court will not hear the case. The filing petition documents will ask for proof of residency, which you must be able to establish before a divorce case can be heard by the court.
- 2). File the Petition for Dissolution of Marriage and Decree of Dissolution of Marriage in the District Clerk's Office where you reside. At that time, you may have to file other documents related to your case, such as a Marital Settlement Agreement. These documents will vary depending on the specific factors of your divorce. If your divorce involves disputed property settlement or child custody disputes, you should hire an attorney to help you file the correct documents and represent your interests in court. The filing fee for these documents will vary depending on your district. Consult the "Resources" section below for information on specific district courts, including addresses and contact information.
- 3). Attend the court hearing. During the court hearing a judge will make a determination about any contested issues and will most likely equally distribute marital property. You must voice any objections to the filings at that time, though Colorado is an equal distribution state, which means that all common marital property will be divided fairly among the parties as determined by the judge.
- 4). Follow the judgment of the court, including any orders on property division, alimony or child custody.
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