Colorado Springs Divorce Lawyers

What is Uncontested Divorce in CO? 

An uncontested divorce in Colorado refers to a situation where both spouses mutually agree on the terms of their divorce without the need for court intervention. 

Here are some key points about uncontested divorce in Colorado: 

• Joint Petition: In an uncontested divorce, both spouses can sign and file the necessary paperwork jointly as "co-petitioners," streamlining the process and potentially saving time.
• Minimum Residency Requirement: Either you or your spouse must have lived in Colorado for at least 91 days before filing for divorce in the state.
• Quick Resolution: Uncontested divorces in Colorado can be finalized in as little as 91 days if both parties promptly agree to the terms and submit the required documentation.
• Efficiency: Under Colorado law, an uncontested divorce can be completed in under 90 days if both parties can amicably resolve all issues without going to court.
• Amicable Agreement: An uncontested divorce hinges on the spouses' ability to reach a mutual agreement on major issues like property division, child custody, support, and alimony without the need for court involvement.

Even if the divorce is uncontested and the parties are in agreement on all the issues, there are difficult, complex decisions to make regarding children and property. The advice and guidance of an experienced divorce attorney can greatly improve your chances of achieving a successful outcome. Having an attorney on your side early in the process will ensure your rights and interests are protected. The  divorce attorney in Colorado Springs at Aviso Law can work with divorcing clients who are not necessarily fighting with their spouse to help craft a fair agreement to keep the divorce amicable. 

What is Contested Divorce in CO?

The typical contested divorce process in Colorado can be complex, and the following is a general outline of the steps involved in a divorce with children:

• Residency: You or your spouse must have lived in Colorado for at least 91 days before you may file for divorce. In order for a Colorado court to enter any orders related to parental responsibilities (custody), the minor child must have lived in Colorado for at least 182 days prior to you filing your divorce case.
• Initial Document Filing: The initial documents to file for divorce in Colorado include a case information sheet, petition for dissolution of marriage or legal separation, and summons for dissolution of marriage or legal separation. The court fee to file for divorce is $236.
• Serving Initial Documents: After filing the initial documents with the court, you must arrange to serve the opposing party with the case information sheet, petition for dissolution of marriage or legal separation, summons for dissolution of marriage or legal Separation, or waive service.
• Opposing Party Response:  After service, the opposing party will have 21 days to file a response or 35 days if out of the state.
• Initial Status Conference: After the case is filed, the parties are required to attend the initial status conference. Every judicial district sets procedures for scheduling the initial status conference. The petitioner (the person who filed) is responsible for scheduling the initial status conference and must schedule it as soon as possible but no later than 42 days after the filing of the petition. Generally, the initial status conference is informal and done with a family court facilitator instead of a judge. During the initial status conference, the family court facilitator will provide dates and deadlines the parties must comply with. This is generally known as a case management order, and it provides a way forward for the remainder of the case.
• Settlement Conference: Prior to any temporary order hearing, the court generally will require the parties to participate in a settlement conference. At the settlement conference, the parties will attempt to come to an agreement on a temporary parenting time schedule, the payment of certain bills, temporary child support, and temporary spousal maintenance. The settlement conferences involve both parties and counsel.
• Temporary Orders Hearing: Frequently the parties cannot agree on a temporary parenting time schedule, the payment of certain bills, temporary child support, and temporary spousal maintenance and require a temporary order hearing. Temporary orders are interim orders that are in place until the parties can come to a more permanent agreement or until the parties attend final orders. Temporary orders may be requested for payment of debts, use of property, spousal maintenance, parenting time, and child support. Many jurisdictions specify in their case management order the procedures concerning filing for temporary orders.
• Mediation: Generally, prior to the parties attending the final orders hearing, the court will require the parties to attend mediation. Mediation is done through a neutral third party, and the parties attempt to settle all the disputed issues.
• Final Orders: If the parties cannot reach a full and final agreement, the parties will be required to attend the final orders, where all the disputed issues will be litigated and decided by the judge.

In the state of Colorado, the minimum time from start to finish is 91 days. However, the length of any divorce will depend in large part on the level of disagreement between the parties.

How To File for Divorce In Colorado 

Filing for divorce in Colorado involves several steps. Here's a detailed guide:

• Residency Requirements: Ensure that either you or your spouse has been a resident of Colorado for at least 91 days before filing for divorce. Additionally, if there are children involved, they must have lived in Colorado for at least 182 days.
• Grounds for Divorce: Colorado is a no-fault divorce state, meaning you only need to state that the marriage is irretrievably broken. This simplifies the process as you do not need to prove fault or wrongdoing by either party.
• Filing the Petition: Obtain and complete the necessary forms. The primary form is the "Petition for Dissolution of Marriage." If you and your spouse are filing jointly, use the "Joint Petition for Dissolution of Marriage." You can find these forms on the Colorado Judicial Branch website or at your local courthouse.
• Filing the Forms: Submit the completed forms to the district court in the county where either you or your spouse resides. There is a filing fee, which varies by county but is typically around $230. If you cannot afford the fee, you may request a fee waiver.
• Serving the Papers: If you filed the petition alone, you need to serve your spouse with the divorce papers. This can be done through a process server, sheriff's office, or by someone over the age of 18 who is not involved in the case. If you and your spouse filed jointly, this step is unnecessary.
• Response Time: After being served, your spouse has 21 days to file a response if they live in Colorado, or 35 days if they live out of state. If they do not respond, you may proceed with a default judgment.
• Financial Disclosures: Both parties are required to complete and exchange financial disclosures within 42 days of filing the petition. This includes providing information about income, assets, debts, and expenses.
• Temporary Orders: If necessary, you can request temporary orders for issues such as child custody, support, and use of marital property while the divorce is pending.
• Mediation and Settlement: Colorado encourages mediation to resolve disputes. If you and your spouse can reach an agreement on all issues, you can submit a Marital Settlement Agreement to the court for approval.
• Court Hearing: If there are unresolved issues, the court will schedule a hearing. Both parties will present their cases, and the judge will make decisions on matters such as property division, child custody, and support.
• Final Decree: Once all issues are resolved, the court will issue a "Decree of Dissolution of Marriage," officially ending the marriage. There is a mandatory 91-day waiting period from the date of filing before the divorce can be finalized.

Navigating the divorce process can be complex, and seeking legal advice or representation can help ensure your rights and interests are protected throughout the proceedings.

Is Colorado a No-Fault State?

Colorado is a “no-fault” state; therefore, one does not need to show a specific reason for a divorce, such as infidelity or abuse.

Contact our  Colorado Springs divorce attorney today at (719) 356-5552!

What Is the Difference Between Legal Separation & Divorce?

In the state of Colorado, the process to obtain a legal separation is the same as outlined in the divorce process. The primary advantage and difference of obtaining a legal separation rather than a divorce is that the parties are still technically married and, as a result may be eligible to remain on the same health insurance and other insurance plans and receive military benefits. Also, many people pursue a legal separation rather than a divorce due to religious preferences. The couple is still married and, therefore cannot get remarried. However, after filing a petition for legal separation, either party can ask the court to grant a divorce instead of a legal separation. In addition, after a decree of legal separation has been issued, either party can convert it to a decree of dissolution (divorce) after six months have passed.

Colorado Common Law Marriage

In this day and age, many individuals find themselves living with their significant other for years and have intertwined their property and finances. However, just because you live with your significant other does not necessarily mean you are common law married. Generally, in Colorado, the court will determine whether you are common law married. 

Some of the factors the Colorado court will consider are if the parties have:

• Cohabitated
• Mutually agreed to be married
• Openly held themselves out to the public as married
• Filed joint federal or state tax returns
• Listed the other party as a spouse on insurance forms
• Combined finances and/or bank accounts
• Purchased property together

Is Colorado a Common Law State?

Colorado is one of the few states that recognizes common-law marriage. A couple considers marriage without a formal ceremony or license if they meet specific criteria. 

These typically involve:

• Mutual consent to be married
• Publicly presenting themselves as husband and wife

There's no minimum cohabitation time requirement, but evidence needs to show a clear intent to be married.

Our Colorado Springs divorce attorneys at Aviso can assist you in determining your rights if you believe you are common law married.

Does Domestic Violence Allegations Affect Custody in CO? 

Although Colorado is a no-fault state, domestic violence can be a critical factor in determining custody (i.e., allocation of parental responsibilities). In making a determination for the best interests of the child, the court is required to give “paramount consideration” to the safety of the child and the abused party when making a determination regarding parenting time and decision-making if domestic abuse is proven. Unfortunately, false allegations of domestic violence are often claimed to gain an advantage in a divorce case. You must defend against these allegations because they could have a substantial impact on the ability to interact with your children. Many times parties will also seek a restraining order in order to gain an advantage in custody disputes. The imposition of a restraining order can have a significant impact on a divorce case and must be vigorously defended. At Aviso Law, our Colorado Springs divorce attorneys have extensive experience representing clients in domestic violence cases.

Civil Protection Order & Permanent Restraining Order

Protection and restraining orders are used to prevent domestic violence, child abuse, assault, stalking, and harassment and are often necessary; however, when a marriage or relationship ends, false allegations of domestic violence or abuse are sometimes made to gain an advantage in a divorce or child custody case. At Aviso Law, we pride ourselves on providing aggressive prosecution and defense of restraining orders, and our divorce lawyers in Colorado Springs have the experience, skill, and client-focused approach needed to make decisions that benefit you and your family.

How Does The Permanent Restraining Order Process Work in CO?

The process: A person seeking a protection/restraining order must first apply to the court for a temporary order, which will set a return date for an evidentiary hearing to determine if the order should be made permanent. The temporary restraining order is made on the basis of the accuser’s testimony in a one-sided or ex parte hearing before a judge. The accused party is not informed of the hearing and does not have the right to be heard. They will have that opportunity at the later evidentiary hearing, which will usually take place within one to three weeks. The evidentiary hearing is the critical hearing for the accused party and should not be taken lightly. The person seeking the restraining order must prove by a preponderance of the evidence the accused party has committed acts constituting grounds for issuance of a civil protection order and that, unless restrained, they will continue to commit such acts or acts designed to intimidate or retaliate against the protected person. The person seeking the protective order does not have to show imminent danger from the accused party.

If the protection order becomes permanent, it can have serious and potentially career-ending consequences. The advice and help of a skilled, aggressive attorney at this point in the process is crucial to avoid unwanted marks on your personal history and career.

Protective Orders For Military Members

For the military member, the consequences of a permanent protection order can jeopardize their military career. The Lautenberg Amendment, in part, attempts to prevent those convicted of domestic violence from owning or possessing guns or ammunition. If a military member receives a permanent protection order, it could result in the military member not being allowed to carry a weapon and may subject them to administrative separation. Our skilled Colorado Springs divorce attorneys have spent years learning the ins and outs of the legal system and have the drive and knowledge to effectively represent military members in these and other difficult situations.

Call Our Colorado Springs Divorce Attorney Today

If you are looking to file for divorce in El Paso County, then do not hesitate to reach out to our divorce attorneys in Colorado Springs. At Aviso Law, we provide experienced legal guidance throughout the divorce process. Contact us today to schedule your free consultation.

Contact Aviso Law by calling (719) 356-5552 today to get started with our Colorado Springs divorce attorneys.