To file for divorce in Colorado, at least one of the two spouses must have been domiciled in Colorado during the 90 days preceding the filing. If neither spouse is physically present in Colorado at the time of the filing for divorce, domicile is determined based on a spouse's intent to reside in Colorado.
Generally, divorce proceedings are filed in the petitioner's county of residence. However, the proceedings may be filed in the respondent's or co-petitioner's county of residence if that spouse is the only one residing in Colorado.
Unless a petition for dissolution is signed by both spouses, the petitioner must serve the respondent with the petition, summons, case management order, and notice of initial status conference. Colorado law requires personal service upon the respondent at his/her residence or place of employment.
Shortly after the petition for dissolution is filed, both spouses must file sworn financial statements regarding their income, expenses, assets, and liabilities. Also, the spouses must exchange certain documents in support of their sworn financial statements. Failure to comply with this requirement may lead to delays in the proceedings, sanctions, and even dismissal of the divorce case.
In most cases that do not involve minor children, the court may grant a decree of dissolution on the 91st day if both spouses have signed a separation agreement and an affidavit for decree without appearance. In all other cases, the court must conduct a hearing on permanent orders and dissolution of marriage.
To schedule a free consultation with a divorce attorney, please contact Colorado Law Group at 720-262-2711.
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