Colorado Divorce Process Without Kids – Step by Step
Divorcing with no kids involved is usually a less complex process compared to divorcing with kids. However, it’s essential for both parties to understand their rights under Colorado law and protect their interests to ensure they get their fair share of the marital property.
During this process, retaining competent legal counsel is crucial. An experienced divorce attorney will offer expert legal advice and assistance on property division and maintenance awards. They’ll help ensure that assets and debts are correctly valued and equitably distributed.
Here’s a step-by-step guide to help those without kids who are considering filing for divorce in Colorado. The steps below are basic and assume that the parties reading this blog have a full agreement on every term of their divorce. In an abundance of cases, certain experts are required in order to value certain pieces of property, assess a party’s employability when there is a maintenance request, etc., this list is simply meant as a guide:
1. Meet Residency Requirements
Under Colorado Revised Statutes section 14-10-106, at least one of the parties must have resided in Colorado for at least 91 days before filing the divorce petition. If they meet the residency requirements, they can then submit a Petition for Dissolution of Marriage without Children.
2. File Sworn Financial Statements
Even if the couple doesn’t have any children, they’ll still be required to submit Sworn Financial Statements before the court. These statements provide an overview of the financial status and affairs of both parties. Based on the documents provided in the statements, the court will determine the division and distribution of marital assets and debt.
3. File Separation Agreement
If the divorce is uncontested—meaning that both parties can agree on all major issues involved in their divorce—the parties will need to submit JDF 1115 – Separation Agreement (Marriage). The parties will need to submit a list of assets, such as real estate, bank accounts, etc. Financed assets will also have to be declared, including how long one party will have to refinance the asset to remove the other party’s name.
It’s also important to note that the court may not accept the Separation Agreement if there’s a significant income disparity and the lower-earning spouse waives spousal maintenance. It is also equally important to note that your Separation Agreement must be detailed and specific enough, such that any term of the agreement can be enforced by the Court, down the road, if one party to the case chooses not to comply with a specific term of the Separation Agreement itself.
4. Determine Spousal Maintenance
The court will also determine the amount of maintenance to be paid and length of time that spousal maintenance or alimony will be paid. Spousal maintenance refers to monthly payments made by one spouse to the other, typically for a fixed period. Maintenance/alimony is not guaranteed and is subject to certain defenses. The statute provides a guideline for courts to follow when assessing a maintenance request, however, certain factors are taken into consideration in all maintenance/alimony request cases.
Some of the factors that the court will consider when determining the amount of spousal maintenance are:
- The marital property distributed to each party
- The gross income of each party
- The financial resources of each party
- The financial needs of each party, as established during the period both parties were still married
- The length of the marriage
5. Decree of Dissolution
The petitioner will also need to submit the JDF 1116 Decree of Dissolution of Marriage or Legal Separation, a proposed decree that the court will sign.
If both parties have submitted all of the requirements above, the court will usually issue the decree without requiring both parties to attend a hearing. For this purpose, the parties will need to submit JDF 1201 Affidavit for Decree Without Appearance of Parties. Make sure to include a self-addressed stamped envelope for each party so the Clerk of Court can mail a copy of the Decree once it has been signed.
Contact Us Today
If you’re thinking about ending your marriage, get in touch with a skilled Colorado divorce attorney as soon as possible. Your lawyer will help you draft a fair and equitable settlement and provide support throughout the process. They’ll also ensure that all paperwork is filled out properly and filed promptly.
At Goldman Law, we understand our clients and are committed to providing expert legal assistance to protect their interests during and after the divorce. We take the stress out of the process and help ensure that you’re making the right choice for you and your family. Call us at (303) 656-9529 or use our online contact form to schedule a consultation today.
