Opting For An Uncontested Divorce In Colorado

If you are a divorcing couple agreeing on property division as well as child custody matters, you should select the quicker and economical option of uncontested divorce in Colorado. It is called a decree upon affidavit. Under this type of divorce, you are not required to show up in the court for a hearing. The court could grant your divorce after you submit an affidavit.

Find out if you are eligible for an uncontested divorce in Colorado. You could also consult an experienced divorce lawyer in Colorado. If you need help with finding a divorce lawyer, allow LawTally to assist you. It is a website providing information on lawyers across the country.

What is the eligibility criteria for an Uncontested Divorce in Colorado?

To be eligible for an uncontested divorce, you need to meet requirements like:

• The divorcing couple or any one of them have lived in the state of Colorado for more than 90 days.
• The couple has no property to be divided, or they have signed a separation agreement that gives details of the division of the property.
• The couple agrees that the marriage is irretrievably broken, and they have no minor children, and the wife is not pregnant.
• If the couple has minor children, they have signed a separation agreement with the help of attorneys that provides details of child custody, child support, and visitation.
• The state law requires you to serve your spouse with the affidavit and show that you have done it.

It is wise to sign a separation agreement even if you have children or not. The agreement states exactly how you and your spouse want any property, assets or debts to be divided between the two of you. You can get your separation agreement reviewed by a divorce lawyer in Colorado to make sure that it meets the requirements of the court.

In addition to property and debt division, your separation agreement should also address child custody, the visitation schedule, child support, and alimony, if you have children.

Take legal advice from a divorce lawyer in Colorado

Only one of the spouses should work with a divorce lawyer in Colorado for an uncontested divorce. The attorney represents only that spouse and completes the paperwork.

To file for an uncontested divorce, you need to file an affidavit for decree without the appearance of parties in the district court. You can use the form affidavit available at the county district court clerk’s office.

Both spouses could file the affidavit together as co-petitioners. Only one of the spouses could also file the affidavit, in which case he or she will be the petitioner, and the other spouse will be the respondent. Your lawyer can advise you on which arrangement will be suitable for you.

The affidavit should mention that you have met all of the requirements for a divorce. You could also state in the affidavit if you or your spouse wants to start using a prior name.

You need to legally serve the affidavit on your spouse, if only you have filed the affidavit. Either your spouse could be served by the sheriff of your county, or you can get a waiver of service form from the district court clerk’s office and get it signed by your spouse.

After receipt of your affidavit by the court, the judge decides on granting the divorce without the spouse’s appearing before the court or not. The judge might hold a hearing to cross-examine the spouses and make sure that all of the requirements have been met or the separation agreement is fair to both parties.

The judge issues a decree of dissolution of marriage after he or she is satisfied with the agreement and has ensured that all the requirements have been met. The judge signs the decree of dissolution only after 90 days from the date of filing the affidavit.

LawTally helps you find a good divorce lawyer

LawTally is an online service providing lawyers’ details in the US. It lists the best lawyers in the country and provides the information to its visitors. You can search for relevant lawyers on this website and contact the attorneys personally.