Divorce/Separation

Commencement

A divorce or legal separation case is commenced by filing a petition for divorce or legal separation in the district court of the county in which the Petitioner lives. The petition contains basic information such as the residence of each party, the date and place of marriage, the names, ages and address of any children of the marriage, whether the wife is pregnant, and any agreements as to child custody, visitation, child support, maintenance and other issues. The Respondent must either be personally served with a copy of the Petition or must sign a waiver of service. The Respondent then has 20 days (30 if he or she lives out of state) to file a response. The main purpose of the response is merely to correct any misstatements in the Petition and to request additional relief, if desired, from the court.

How Long Until the Divorce is Final?

By law, the Court cannot issue a final decree of divorce or separation until 90 days after the Respondent is either personally served with the petition or signs a waiver of service. The Court has subject matter jurisdiction over the matter if one of the parties has been domiciled in Colorado for at least 90 days immediately prior to the commencement of the case. Contested divorces or separations often take longer because the Court may order the parties to mediate or may schedule a temporary orders hearing to resolve important issues prior to the final hearing such as child custody, parenting time, and child support.

Issues in Divorce

Numerous issues must be resolved to obtain a final decree of divorce or legal separation. They may include protective orders, child custody, visitation rights, child support, enforcement of any prenuptial agreement, maintenance (alimony), orders, paternity, division of property and debts, allocation of attorney fees and costs, restoration of the previous name of the wife, and other issues.

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