Starting a Divorce
You must be domiciled in Colorado for 90 days prior to filing a Colorado divorce action. The only ground for divorce is that the marriage is irretrievably broken and the testimony of one spouse that the marriage is irretrievably broken is sufficient proof. (See also How Long Will Divorce Take).
The first step for divorce is started by preparing and filing some papers with the district court in the county in which you reside. These will include at a minimum a petition and a summons and you will also need an affidavit as to children if you have dependent children. A good source for forms is the Colorado Courts site.
Automatic Restraining Order
As soon as a divorce is filed, a special court order called a "Temporary Injunction" automatically goes into effect for the protection of both parties. This order covers both spouses and is printed on the summons. The automatic order basically says: 1) children shall not be taken from the state for any reason without agreement of the parents or court order; 2) neither party shall disturb or harass the other; and 3) property of the marriage shall not be hidden, destroyed, transferred or borrowed against without consent, except in the usual course of business or for the necessities of life.
If you are contemplating any of the actions described in above, you should bring that to your attorney's attention immediately, even if your divorce has not yet been filed. If you know any of these actions have been or might be taken by your spouse, you should also bring that to the immediate attention of your attorney.
Decree
Everyone must wait 90 days after completion of service before they can be divorced. As a practical matter, it usually takes longer. The order of the court dissolving the marriage is called a Decree of Dissolution of Marriage or divorce decree.
If both parties agree to everything that must be decided, the court will usually approve an appropriate agreement between the parties and issue a divorce decree as soon after the 90 days as the agreement and final divorce documents are submitted. If the parties agree to everything and there are no children or there are children but both parties are represented by attorneys, a divorce decree may be obtained by submitting appropriate documents to the court by mail after the 90 days.
Contested Hearing
If the parties cannot reach an agreement, they must wait for a court date. Depending on the court docket where your case is pending, and the time needed to have a Judge decide the questions left undecided, this may take as long as six months or more. This hearing is called a "Permanent Orders" hearing and is held in front of a Judge.
Whether the parties agree to everything, or cannot agree, the divorce can take more or less time depending on the actions of the parties. Even when both parties are in agreement, each will need to make full financial disclosure to the other (discussed below) and prepare certain documents to file with the court, which can take longer than the 90 days. In the event the parties cannot agree, the degree of conflict and difficulty in negotiating resolution will greatly impact the length of time a divorce will take. Custody evaluations, property appraisals or other investigations can add significantly to the time it takes to get a divorce.
The court will not automatically issue the divorce decree within the 90 days. It is up to the parties to file an agreement or set the matter for hearing. If neither party does anything for a period of one year from the date of service, the court will notify the parties that the case will be dismissed if action is not taken within a certain period of time.
Agreements
Every part of your divorce can be resolved by agreement. In fact, experienced divorce lawyers and judges will tell you that you are in the best position to create a solution that really works for you. The court will review your agreements, but will normally approve them. The exception is child support, which generally must be set at the amount calculation under the Child Support Guidelines. Agreements may be sent to the court for approval by mail, except in cases with children where there is at least one person without a lawyer. Final agreements in those cases require a personal appearance so the judge can check the agreement and give any advice that may be necessary.
If you can't agree on any portion of your divorce, you will need to have it decided by a judge. You usually make an appointment for a hearing in front of a judge by filing a document called a "notice to set," which tells the person on the other side when you will be scheduling this hearing.
