DIY divorce in Colorado: Cost, Benefits, and Steps
- What is a do-it-yourself (DIY) divorce?
- How much does a DIY divorce cost in Colorado?
- What is the DIY divorce process?
- How long does a DIY divorce typically take in Colorado?
- What are the benefits of a DIY divorce?
- Colorado DIY divorce FAQs
- References
Colorado courts allow married people to file for divorce without consulting lawyers or other legal experts. This can be a simpler and less costly path to divorce for some couples.
A do-it-yourself (DIY) divorce typically works best among people who have few assets and debts, don’t share children, and remain civil with one another. Colorado laws allow all divorcing couples – including those who don’t meet these characteristics – to try a DIY approach. But for couples who don’t collaborate well, it might take longer and produce unsatisfactory results. It depends on the specifics of your marriage and split.
What is a do-it-yourself (DIY) divorce?
In a traditional divorce, both sides hire lawyers and split their estate in a courtroom battle. An uncontested DIY divorce is different.
In an uncontested DIY divorce, people file paperwork without consulting lawyers. They split their estate, make childcare arrangements, and address additional issues in private conversations that happen outside of a courtroom. They file their final paperwork together and end the marriage without wrangling problems in court.
How much does a DIY divorce cost in Colorado?
A DIY divorce is typically much less expensive than a traditional divorce.
Both types of cases involve a $230 filing fee. But in a DIY divorce, this might be your only expense.
In an uncontested DIY divorce, you make arrangements with your ex in amicable conversations or, in some cases, with the help of a mediator. Using the paperwork as a template, you make decisions one by one, until you’ve decided everything.
In a traditional divorce, you may have expenses associated with lawyers, accountants, expert witnesses, and more. You can avoid these costs with a DIY approach.
What is the DIY divorce process?
All Colorado divorces involve paperwork and a courtroom. The steps you’d take for an uncontested DIY divorce are shorter than those you’d use in the traditional approach, and you must finish all of them to end your marriage.
Here’s what to do for a DIY divorce in Colorado:
1. Reach an agreement with your spouse
A DIY divorce works best when both parties agree to the process from the beginning. Talk with your spouse about the end of your marriage, and plan to take the next steps together. Make the joint decision to go the DIY route instead of battling it out in court.
2. Fill out divorce paperwork
Two documents will begin your divorce process. A Petition for Divorce or Legal Separation contains critical details about you, your wedding, and your spouse.
Most states use a document like this to help courts move cases forward. In an uncontested Colorado DIY case, both you and your spouse must complete the Verification section on the last page.
Colorado also requires a Case Information Sheet. In a DIY divorce, one person will take the role of Petitioner, and the other will become a Respondent or Co-petitioner.
3. File divorce paperwork
With all documents complete, it’s time to notify the court. Either party can take the documents to the court to file them.
Colorado courts charge a $230 filing fee to start the case. If you can’t afford this cost, you can use a Notice of Fee Waiver and ask for relief. Colorado courts will automatically grant your request if you provide proof that you receive Supplemental Security Income, Old Age Pension A&B, or some other form of financial assistance.
4. Get and read a Case Management Order
After filing documents, the clerk will provide an official document that contains pertinent information about your case. Read it carefully, as it will contain deadlines and appointments you must keep.
5. Fill out additional documents
Negotiations begin at this stage in the divorce process, and forms will guide your discussions. Every line on these forms is mandatory, and filling out the documents can help you and your partner understand what will happen after the split.
The following forms are required:
- Sworn Financial Statement
- Certificate of Compliance with CRCP16.2(e)
- Separation Agreement
- Decree of Dissolution of Marriage or Legal Separation
- Support Order
- Petitioner/Co-Petitioner/Respondent Pre-Trial Statement
- Parenting Plan (if you share children)
Stuck? A mediator can help
If you reach a snag in your divorce negotiations, consider hiring a mediator. This trained expert can help you discuss difficult issues, such as ownership of the family home or child custody arrangements, and come to an agreement you both support.
A mediator’s goal is to help you avoid court by reaching a mutually beneficial solution together.
6. Attend an Initial Status Conference
Colorado requires both parties in a divorce to attend an Initial Status Conference meeting within 42 days of filing. Your conference meeting date should be listed on your Case Management Order along with the forms you should bring with you.
In an Initial Status Conference, a family court facilitator will help you understand what happens next in your case. You’ll also explain where you are in negotiations and how well you’re progressing with your DIY divorce.
7. File final divorce paperwork and attend or waive a hearing
When you’ve completed every step successfully, you may be able to ask the courts to issue you a divorce decree without attending court. For example, couples without children can ask the courts to issue a divorce decree without requiring your attendance in court.
Fill out the Affidavit for Decree Without Appearance of Parties document and file it, along with all of your other completed documents. The courts can review all of your information and push your divorce along without setting a formal hearing date.
If you have children, you may be required to attend a final hearing at which the judge will make sure all arrangements are fair between you. If the judge finds your divorce settlement to be fair, they will sign off on your divorce.
8. Get your final divorce decree
If a hearing takes place, your decree will likely be signed by the judge that day. If you do not have a hearing, the judge will still have to sign the decree.
How long does a DIY divorce typically take in Colorado?
Colorado courts require a waiting period of 91 days between filing for divorce and receiving final documents. This pause is designed to help people make sure they’re completely ready to end their marriage and start new lives as independent people.
A DIY divorce will take at least three months due to this mandatory waiting period. If you don’t collaborate with your spouse effectively, the entire process will take longer. The more disagreements you can eliminate quickly by finding common ground, the more quickly the entire process will proceed.
Waiting for 91 days may seem difficult. Know that a traditional divorce will take even longer. Working with lawyers typically involves delays to allow for the completion of paperwork, finding witnesses, and more. A DIY divorce is much faster, and smoothing disagreements in mediation can help expedite the process.
What are the benefits of a DIY divorce?
A DIY divorce comes with plenty of benefits. Reading through them can help you understand if this approach is right for you.
Known benefits of a DIY divorce include the following:
- Lower cost: Handling the paperwork yourself eliminates the expenses associated with lawyers and court cases. It’s common for divorce attorneys to rack up bills in the thousands of dollars.
- More control: Negotiating directly with your partner can help you get the things you want. If you go to court, you may lose these opportunities to advocate for yourself and your future.
- Shorter time frame: A DIY divorce is typically quicker than a traditional one.
- Less trauma: Collaborating with your partner could be less emotionally difficult than fighting in court. You can also keep your discussions private.
- Preservation of your relationship: If you share children, you may need to keep lines of communication open indefinitely. You can set good habits during DIY divorce negotiations to preserve your relationship for future communications that are less difficult.
Colorado DIY divorce FAQ
We’ve compiled some of the most frequently asked questions about DIY divorce in Colorado.
Who gets the house in a divorce in Colorado?
Colorado courts are required to divide partial property in a way that’s fair and equitable to both people. These decisions are a little subjective, and judges have a lot of power.
As you work on your DIY divorce process in Colorado, make sure your plans are fair. You may decide to keep the house, but that could mean buying out the other party or making some other trade that keeps things beneficial for everyone.
How long do you have to be separated before divorce in Colorado?
You’re not required to move through a legal separation before you get divorced in Colorado. But, as mentioned, people are required to move through a 91-day waiting period between filing for divorce and getting their final documents.
What is a wife entitled to in a divorce in Colorado?
Colorado is an equitable distribution state. The items people collect during the marriage typically belong to both of them, and the court requires marital property to be divided in a fair and equitable manner.
A wife isn’t necessarily entitled to exactly half of marital property in divorce. In some cases, she may get more than half. In others, she may get less. Every split is a little different, depending on the specifics of the union and each party.
How do I find the proper divorce papers in Colorado?
We’ve listed almost all of the paperwork you’ll need for a divorce in Colorado above. If you’re looking for something a little different, the Colorado Judicial Branch lists all of the documents online.
Can I file for divorce online in Colorado?
It depends. E-filing processes are available in Colorado in domestic relations cases, like divorce. But some counties don’t allow this process.
Double-check with your county’s office to determine the best steps forward for you. You can also consult our experts here at Hello Divorce for guidance on how to proceed. If you’d like to set up a free 15-minute phone call with an account coordinator, click here to view our calendar.
References
Divorce Filing Fees. Colorado Judicial Branch.Filing Fees. Colorado Judicial Branch.
Divorce. Colorado Judicial Branch.
Divorce in Colorado (Called “Dissolution of Marriage”). (January 2023). Colorado Legal Services.
Efiling for Non-Attorneys. Colorado Judicial Branch.
