The Colorado marital settlement agreement form is a legal document that married couples use when they want to enter the divorce process. This document guides couples through the process of dividing assets, determining child custody, and providing financial support.
Spouses can decide how to distribute marital property on their own or make child support arrangements by using a marital settlement agreement template. They can also seek legal assistance if circumstances allow it.
Divorce Forms
Divorce forms must be filed with the District Court in the county where spouses reside, and the filing fee ranges from $200 to $300. On average, an uncontested divorce can take anywhere from 6 to 9 months to finalize.
Divorce Laws and Legal Requirements in Colorado
The divorce laws and legal requirements in Colorado provide a framework for a fair divorce process and the protection of legal rights for both parties.
Divorce Laws and Legal Requirements
Alimony: Section 14-10-114(3)(a)(I) of the Colorado Revised Statutes states that the court will consider several factors when deciding if support is needed and what a sufficient amount is. For example, each spouse's income, financial needs, or marital property distribution.
Child Support: Section 14-10-115 of the Colorado Revised Statutes provides guidelines that help the court fairly decide the amount of child support based on a parent's income and the needs of their children. This section also covers adjustments that depend on specific circumstances, such as the needs of the children for extraordinary medical expenses, for example.
Division of Property: According to Section 14-10-113 of the Colorado Revised Statutes, the court will divide marital property in a way that is fair and beneficial to both parties. This section also covers exceptions where it specifies what is included in marital property.
Grounds for Divorce: Sections 14-10-106 and 14-10-110 of the Colorado Revised Statutes state that the court should determine if marriage is irretrievably broken. The court will also accept the statement from both parties that marriage is beyond repair and that divorce is the only option.
Interim Support: According to Section 14-10-108 of the Colorado Revised Statutes, the court can grant temporary orders concerning child support, alimony, or living arrangements. These orders can be changed, and they last until the divorce process is finalized.
Residency: Section 14-10-106(1)(a)(I) of the Colorado Revised Statutes states that before filing for divorce, each spouse must be a resident of the state for at least 91 days.
How to File For a Divorce in Colorado in 7 Steps
To file for divorce in Colorado, spouses should follow these seven simple steps. The purpose of this guide is to present a plan to spouses that will help reduce emotional strain during the divorce process.
#1. Complete Initial Documents
The first step in the divorce process is to acquire a document that requests divorce status from the court. Spouses should fill out the “Petition for Dissolution of Marriage or Legal Separation” form. This form is available online on the Colorado District Court website or from the court clerk.
Personal information, like the names, addresses, and telephone numbers of both spouses, should be included in this document. Also, grounds for divorce should be stated, as should requests for child support, alimony, or asset division.
Additionally, if either party wishes to change their name after divorce, they should make a request in this document.
#2. File the Forms With the Court
The petitioner should make sure that all the information in the petition is correct, and if everything is in order, the forms can be filed. The divorce documents need to be filed with a clerk at the district court in the county where the spouses live.
The filer will have to pay a filing fee to the clerk, and the “Initial Status Conference” should be scheduled for the couple to attend. The purpose of this meeting is for the parties to state the issues concerning their marriage.
It is also a great opportunity for both spouses to get more information on their legal rights and obligations.
#3. Wait for the Defendant's Answer
The petitioner is required to serve copies of divorce papers and summons to the defendant or, in cases where spouses filed a joint petition, the defendant just needs to provide the court with an answer.
For this, the defendant will need a “Response to the Petition for Dissolution of Marriage or Legal Separation” form. This form can be used to state a divorce complaint and initiate a contested divorce.
However, if the defendant agrees with all terms of the petition, then the couple will enter an uncontested divorce process. A copy of the response should also be sent to the petitioner.
#4. Provide Additional Documents
After the divorce petition is filed, spouses have a 42-day period to file all additional documents required for the divorce process. Financial disclosure is usually needed where spouses list all their assets, debts, or income and provide the court and each other with copies of the list.
If a couple has children, then parenting documents should be prepared, like child support calculations or a parenting plan with information on parent responsibilities. Another important document that should be included is a divorce settlement agreement.
This settlement contains terms and obligations concerning alimony, marital property, or insurance that both spouses agreed upon.
#5. Set a Court Hearing or Status Conference
If the court in their county requires one, parties should schedule a hearing or status conference. This is done by filing a “Notice to Set Hearing” with a court and sending one copy to the defendant.
The details about the case, the parties involved, and the purpose of the hearing should be included. The court will then schedule a hearing and inform the parties of the date, time, and place.
#6. Court Hearing or Status Conference
Spouses should attend a court hearing or status conference on the designated date and present their case to the judge. It is important to prepare all necessary documentation needed to support statements and ensure the process runs smoothly.
In some cases, both parties are not required to attend the hearing. To be sure, spouses should contact the court clerk and ask if their presence is required. If not, then the spouse should just provide a stamped and addressed envelope for the divorce decree to be sent later.
Finally, after hearing the statements from both spouses, the court will decide whether the divorce should be granted. When the divorce process is finalized, both spouses will receive a copy of the divorce decree.
#7. Change Name
To change a name after divorce in Colorado, the spouse should request it on the “Petition for Dissolution of Marriage and Legal Separation” form. When the divorce is finalized, the spouse will receive a divorce decree that will serve as proof of the name change.
Personal documents, like a passport, identification card, or driver’s license, should be replaced with documents with a new last name. Additionally, bank accounts, contracts, and utility bills should be updated about the change as well.