Uncontested Divorce in Colorado
Features of Uncontested Divorce in Colorado
- The singular ground for divorce is irretrievable breakdown as this is a no-fault state.
- The venue of filing the actions is the county court.
- The divorcing partner who initiates the action is termed as the Petitioner, while the other partner is known as the Respondent.
- Prior to filing an action in this state, the Petitioner must have resided for minimum 90 days in the state.
- There are 2 venues of filing the action as follows.
- The county in which the Respondent resides.
- The county in which the Petitioner resides if the Respondent is not a resident of Colorado or if the Respondent has lived in the same county.
Forms used for filing Uncontested Divorce in Colorado
- The Petition: This form can be filed by a single partner or by both. It is applicable for divorcing couples having children and those who do not have children.
- The Summons: This form is essential only when both the divorcing partners are not filing jointly.
- The Case Information Sheet: This form includes a summary of the facts pertaining to the case and is needed in several counties in the state.
- The Petitioner’s Verified Motion and Order for Publication: If the Petitioner does not know where to locate the Respondent, then this form is utilized.
- The Waiver and Acceptance of Service: When the Respondent accedes to accept the Petition in the absence of the formal notification of the Summons, then, this form is used. This form also declares that the Respondent is not protected by the Service members Civil Relief Act.
- The Response: The sole occasion when this form is used is when the Respondent files an answer to the Petition.
- Temporary Order Agreement and Temporary Order Forms: This form is used when provisional arrangements regarding financial affairs, child support and spousal support are essential.
- Notice of Domestic Relations Initial Status Conference: In several counties in this state, this form is needed when the parties hold a domestic relations conference.
- Notice to Set: One divorcing partner can notify the other partner regarding the hearing date and status conference of the divorce action.
- A Certificate of Compliance with Mandatory Financial Disclosures: Such a certificate can be produced by both divorcing partners. The divorcing partners put their signature on this certificate and thereby attest that they have adhered to the mandatory financial disclosures
- A Sworn Financial Statement: This is a profile of the finances of both parties and is filed by both parties. This statement includes the following information.
- Income of the parties.
- Expenditure of the parties.
- Joint and Separate liabilities and assets.
Simplified uncontested divorce
In this state, a simplified divorce is permitted in the following circumstances.
- Along with the petition, a signed separation agreement and affidavit of facts are also filed.
- Absence of marital property
- If both divorcing partners accede with each other regarding the division of marital property.
- Absence of any disputes.
- The divorce papers have been served to the Respondent.
- Absence of any minor children and absence of pregnancy of wife.
- The divorcing partners are represented by a counsel and both have determined the child support and child custody and have entered into a separation agreement.
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