Uncontested Divorce in Colorado

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Today divorce has become a common phenomenon that is prevalent in most countries of the world. It has touched the life of many - from an average person to a celebrity. Some people believe that with the introduction of simple separation forms like uncontested divorce or no-fault divorce, this phenomenon is gaining more importance to the society. Studies reveal that almost 95% of the cases in USA are uncontested. Like every other state in the US, Colorado has developed its own statue pertaining to uncontested process. Colorado is a no-fault divorce state and as such separating spouses need not prove any faults of their spouse for proving their points. In an uncontested divorce in Colorado, spouses agree on the separation without any questions, and reach a mutual agreement which is submitted to the court. If the court finds the solutions fair enough, it accepts the separation agreement and grants the divorce.

It is necessary that partners who are going to split soon in Colorado understand the process of an uncontested divorce, and how it is obtained in the state. For your convenience, we present here some basic information regarding the uncontested process in this state.

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 action is the county court.
  • The separating 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:
    • The county in which the Respondent resides.
    • The county where Petitioner resides; if the Respondent is not a resident of Colorado or if he/she 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 partners are not filing jointly.
  • The Case Information Sheet: This form includes a summary of the facts pertaining to the case and is required 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, this form is utilized.
  • The Waiver and Acceptance of Service: When the Respondent accedes to accept the Petition in the absence of a 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 partner can notify the other partner regarding the hearing date and status conference of the action.
  • A Certificate of Compliance with Mandatory Financial Disclosures: Such a certificate can be produced by both divorcing partners. They 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 partners accede with each other regarding the division of marital property.
  • Absence of any disputes.
  • The divorce papers have been served to the Respondent.
  • If there is no minor children or the wife is not pregnant.
  • The spouses are represented by a counsel. Both of the partners have determined the child custody and child support and have entered into a separation agreement.

All this information on uncontested divorce in Colorado will definitely help you in preserving your interests. Although an uncontested process takes lesser time as compared to a contested one, you have to follow the procedures no matter how long it may take to get it completed. To spend a good life devoid of any legal issues, you must go through the legal proceedings as defined by the state law.

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