FAQ’s

What paperwork do I need to complete to file for divorce?
Your best bet is to work directly with a divorce attorney to ensure that you are prepared for the filing process, but it’s also good to know what to expect yourself. Your attorney will review documents related to finances, such as marital debt information, property valuations, income tax returns, or other documents related to debt, assets and income. Be prepared with tax returns or pay stubs to help move this process along. Real estate, life insurance, checking and savings account details, and other forms could be important.

The actual divorce papers could include the petition for divorce and financial affidavits. Once the papers have been received and reviewed by the court, you may receive another document, known as the notice of hearing. This document will tell you about the court date for your next event related to your divorce.

What are the next steps after I have served the other party with a copy of the petition?
Your actions after this depend largely on the actions that the other party takes when he or she receives the petition. The Respondent will typically have a period of time to respond to your petition, and this is usually thirty days. After this period passes, and if there has been no activity from the other party, you could possibly get a default judgment, but you should consult with a divorce attorney about specific Colorado laws or court procedures.

To ensure that you are prepared for all the possible actions after you file your petition, speak to a Colorado divorce attorney so that you are clear on what to expect. This will help move your case along and increase the chances that you are meeting all the requirements in order to obtain your divorce. Many of your other questions can be answered directly by a divorce attorney.

What happens if the other party does not respond to the petition?
Sometimes, the other party will not respond, thinking that failure to respond will stall the divorce process. This is not the case in Colorado. Even if the other party objects, you simply need to convince the court that the marriage is irretrievably broken. This is, in fact, the only legal standard that Colorado uses to determine whether the divorce should be granted or not. For the most part, filing the divorce petition is usually all it might take to get the divorce approved on those grounds.

If the other party does not respond, this may give the court the opportunity to make decisions for that individual. Failing to respond may delay the divorce proceedings for the very short term, but eventually, the divorce will move forward so long as the judge is convinced that the grounds meet the “irretrievably broken” standard in Colorado. To be kept in the loop about your divorce, contact a divorce attorney early so that you know what to expect both in your local jurisdiction and under state rules.