How to Get A Divorce Without Going To Court

Can You Get A Divorce Without Going To Court In Colorado?

Divorce, a significant life event, can be a complex and emotional process. In Colorado, the legal framework provides an option for couples to divorce without having to physically attend court proceedings, which can simplify and expedite the process.

Here’s how one would get a divorce in Colorado without going to court.

Understanding the Basics

Every divorce case in Colorado begins with the filing of several key documents:

  1. Petition for Dissolution of Marriage: This document formally starts the divorce process.
  2. Case Information Sheet: This provides basic information about the parties involved.
  3. Summons: A legal notice to the other party about the divorce proceedings.

These forms are available for download from the court’s website. Alternatively, they can be drafted by a legal professional who can also provide legal advice throughout the process.

E-Filing and Remote Procedures

In Colorado, the entire filing process can be done electronically, known as e-filing. This feature is particularly convenient and efficient, reducing the need for in-person visits to the court. Additionally:

  • Parties can sign documents electronically and exchange them via email, eliminating the need for both parties to sign the same physical document.
  • Initial status conferences and mediation sessions can be conducted remotely, via video or telephone, further reducing the need for physical presence in court.

Service of Process

If both parties sign the Petition for Divorce, there’s no need for formal service. However, if one party does not sign, the other party must employ a private process server to officially serve the Petition and Summons.

Financial and Parental Responsibilities

Both parties are required to exchange Sworn Financial Statements and relevant financial information. This step ensures transparency and fairness in the division of assets and liabilities.

For couples with children, Colorado mandates that both parties complete online parenting classes. These classes are designed to assist parents in understanding and managing the impact of divorce on children.

Avoiding Court Appearances

If there are no minor children involved, couples can avoid court appearances altogether by submitting:

  • A fully executed Separation Agreement signed by both parties.
  • An Affidavit for Decree for Dissolution of Marriage without a Hearing.
  • A proposed Decree of Dissolution of Marriage.

These documents outline the terms of the divorce, including asset division, alimony, and other relevant agreements.

Time Frame and Finalization

Colorado law requires a waiting period of at least 91 days from the time both parties sign the Petition for Divorce or from when the Respondent is served. This period must elapse before the court can issue a final divorce decree.

Special Considerations for Parents

Parents with minor children must also prepare a parenting plan and a child support worksheet. A short hearing, often conducted remotely, may be scheduled even in uncontested cases. The purpose of this hearing is to ensure that both parties understand and agree to the parenting plan and that it serves the best interests of the children.

Professional Assistance

Navigating the divorce process can be challenging – especially if you want to get a divorce without going to court.

Professional legal assistance can be invaluable in drafting all required forms, providing legal advice, and guiding individuals through the divorce process from start to finish.

Our Low-Cost Divorce option can ensure that all legal requirements are met and the process is as smooth and efficient as possible.

It Is Possible To Get A Divorce Without Going To Court – With Some Help!

Divorcing without going to court in Colorado is feasible, especially with the advent of e-filing and remote procedures. By understanding the requirements and steps involved, and with the help of a Colorado Divorce Attorney, couples can navigate this challenging time with greater ease and less stress – and a LOT lower cost than with a “conventional” divorce.

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Mary Daugherty - Colorado Springs Lawyer

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