(Newswire.net — November 30, 2021) –Divorce is not an experience that people like to go through. However, in some cases, the divorce process can be inevitable. So the faster it is, the sooner divorced couples can return to normal lives.
But how soon can a couple get divorced in Colorado, and what does it depend on? Continue reading to get answers.
Process Duration And Divorce Type
Colorado allows two types of divorce: contested and uncontested. How long the process takes will depend on which of these two options the couple chooses.
The minimum timeframe to end a marriage in Colorado is 91 days after filing for divorce. However, it’s only possible if the case is uncontested, i.e., both spouses agree to file for divorce and find solutions to all divorce-related issues.
If the case is contested, meaning that spouses don’t want to cooperate and solve issues like child custody, spousal support, property division, etc., outside the court, it can take about 6-9 months or even more. The more issues that need to be resolved, the longer the process will be.
How Divorce Works in Colorado
Besides the type of divorce, the timeframe for getting a divorce in Colorado depends on several factors and requirements. Below you can find the main ones.
Residency requirements
Divorcing couples must fulfill local residency requirements. One of the spouses must have lived in Colorado for at least 90 days before filing with the court.
Grounds for divorce
In addition, the partner filing for divorce must have legal reasons, popularly called grounds for divorce. Since Colorado is a purely no-fault state, spouses can only file for divorce based on irretrievable breakdown. It means that the marriage is broken and can’t be repaired.
Unlike some other states, spouses can’t claim any fault, such as cruelty or adultery, as a reason for divorce. Thus, they don’t need to spend time collecting evidence of marital misconduct.
Filing for divorce
To file for divorce in Colorado, spouses need to prepare some papers, including Petition and Summons. If they have children, they will be required to submit additional forms.
At this stage, the filing spouse will have to pay a filing fee. The amount may vary depending on the county and case specifics, so it’s better to clarify it with your court clerk at the district court where one of the spouses resides.
If the spouses cooperate and sign their petition together, they can act as Petitioner and Co-Petitioner. In this case, spouses file their papers and a 90-day waiting period starts.
Since spouses signed the petition together, there’s no need to serve papers, and spouses simply wait for the final hearing.
If one spouse acted as the petitioner, and the second is the defendant, the documents must be served following local legal procedures. In addition, the 90-day waiting period starts from the moment the second spouse receives copies of the documents.
The couple can use this time to agree on divorce terms to qualify for an uncontested divorce. If they disagree on critical terms, the divorce will become contested, and spouses will have to hire divorce lawyers.
During the 90-day waiting period, there are other deadlines that a couple must meet.
For instance, they have twenty days from the initial filing to submit their financial details to the court. The window is further extended to forty days if one of the spouses does not provide the required financial disclosure within the twenty days. The court may grant other provisions and orders that may extend the divorce process.
When the waiting period is over, the final hearing is scheduled. The judge will decide whether to grant a divorce during this hearing or schedule additional hearings to solve other marriage issues.
How to File for an Uncontested Divorce in Colorado
Since uncontested divorce allows a couple to reach an agreement on critical marriage-related issues outside the court, spouses can proceed with their case without hiring a lawyer. It means that spouses can save a pretty penny and avoid wasting time searching and visiting lawyers.
Uncontested divorce also allows spouses to prepare their application for divorce online through so-called online divorce tools.
Online divorce, also known as Internet divorce or web divorce, is a way of preparing divorce documents yourself without wasting time and money. This approach is gaining popularity because it takes the paperwork stress off your shoulders and speeds up the preparation process.
One of the benefits of completing divorce papers online is that it is practical and seamless. Online divorce companies offer user-friendly questionnaires to fill out divorce papers for uncontested cases. You can complete them using any device at your disposal without leaving your home.
Some web divorce service providers offer guidelines to fill out the documents and submit them. However, the State of Colorado requires that all divorce paperwork be submitted physically.
Online divorce is also more affordable because it typically has a fixed price for the whole package of documents, which is usually less than the lawyer’s hourly rate in Colorado.
Conclusion
The time it usually takes to get a divorce in Colorado depends on several factors, mainly the type of divorce and whether both spouses act as co-petitioners. It can take as little as 91 days or as long as six months to one year.
However, couples can expedite the process by taking some steps. Try to make your divorce an uncontested one and agree on as many issues as possible. And keep emotions out of the divorce process. Of course, tempers may run high, but you should try to be practical and logical during the negotiation process.
If you manage to turn your case into a peaceful divorce, you can use online tools to complete the paperwork. It’s a relatively fast, inexpensive, and stressless way to prepare your divorce forms in Colorado.