This package includes (1) Information about Divorce, (2) Forms List, (3) Forms Explanations, (4) Instructions and Steps, (5) Checklist, (6) Forms and (7) Access to divorce law summary for your State. The forms include the required petition or complaint, waiver, separation agreement, financial reporting statements, judgment and other forms to complete your divorce.
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An agreed divorce is a legal process where both spouses mutually agree on all terms and conditions of their divorce settlement without the need for a trial or court intervention.
Agreed Divorce Forms Set B refers to a specific set of legal documents provided by the Colorado Judicial Branch that are used by spouses who have reached an agreement on all issues related to their divorce, such as child custody, division of property, and spousal support.
You can find Agreed Divorce Forms Set B on the website of the Colorado Judicial Branch or at the local county courthouse.
Agreed Divorce Forms Set B may include documents such as the Petition for Dissolution of Marriage, the Separation Agreement, the Parenting Plan (if applicable), the Sworn Financial Statement, and the Decree of Dissolution of Marriage.
While it is not mandatory to hire a lawyer, consulting with an attorney experienced in family law is recommended to ensure the documents are properly filled out and that your rights are protected.
Agreed Divorce Forms Set B is intended for uncontested divorce cases where both parties have reached a mutual agreement. If there are disputes or unresolved issues, different forms or procedures may be required.
The time required to complete Agreed Divorce Forms Set B varies depending on the complexity of the case and how quickly the spouses can reach an agreement. It may take a few weeks to several months.
Yes, you need to file the completed Agreed Divorce Forms Set B with the appropriate Colorado county court. The court will review the documents and, if approved, issue a final divorce decree.
After filing Agreed Divorce Forms Set B, both spouses may be required to attend a final hearing where a judge will review the documents and ask any necessary questions. Once the judge approves, a final divorce decree will be issued.
Generally, once the court approves and finalizes the Agreed Divorce Forms Set B, modifications may require filing separate forms and going through a different legal process. It's advisable to consult with an attorney if modifications are needed.
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Grounds for divorce
Irretrievable breakdown of the marriage is the only grounds for dissolution of marriage in the State of Colorado. 14-10-106
At least one of the parties must have been a resident of the State of Colorado for a period of ninety (90) days immediately prior to the filing of the action for dissolution of marriage. The action may be filed in the county where the respondent resides or the county where the petitioner resides if the respondent was served in the same county or is a non-resident of the State of Colorado. 14-10-106, CRCP Rule 98
Name of court and title of action/parties
An action for dissolution of marriage filed in Colorado is filed in the District Court. The title of the action initiating the proceeding is a Petition for Dissolution of Marriage, while the title of the action granting the judgment is referred to as the Decree of Dissolution of Marriage. The party filing the action is the Petitioner, and the other spouse is referred to as the Respondent.
Colorado permits judgments of legal separation to be granted upon the same grounds as a judgment of dissolution of marriage. 14-10-106
Simplified divorce procedure
A judgment of dissolution of marriage may be obtained by the filing of affidavits by either or both parties when:
1. The parties have no minor children and the wife is not pregnant, or the parties are represented by counsel and have entered into a separation agreement which provides for custody and child support;
2. Service of process has been effected upon the non-filing spouse;
3. There are no contested issues;
4. There is no marital property to be divided by the court or the parties have entered into a separation agreement which provides for the division of the marital property. 14-10-120.3
At the request of either party or on the court's own motion, the parents of a minor child may be required to attend a program designed to provide the parties with information regarding the impact of separation and divorce upon children. The program will inform parents about the divorce process, its impact of adults and children, and will teach coparenting skills and strategies. 14-10-123.7
Colorado is an equitable distribution state, which means that the court will set aside to each spouse that spouse's separate property and divide the marital property between the parties as the court deems equitable and just, after considering all relevant factors, such as:
1. The contribution of each spouse to the acquisition of the marital property;
2. The value of the property set aside to each spouse;
3. The economic circumstances of each spouse at the time of the property distribution, and;
4. Any increase or decrease in the value of the separate property of the spouses during the marriage or the depletion of the separate property for marital purposes. 14-10-113
The court may award alimony to either spouse upon a finding that the spouse seeking alimony:
1. Lacks sufficient property to provide for his or her reasonable needs;
2. Is unable to support himself or herself through appropriate employment or is the custodian of a child whose condition is such that it would be inappropriate for that spouse to seek outside employment;
The award of alimony shall be in such amounts and for such periods of time as the court deems just, without regard to marital fault, after considering factors such as:
1. The financial resources of the party seeking support;
2. The time necessary to acquire sufficient education or training to enable that spouse to find appropriate employment;
3. The standard of living established during the marriage;
4. The duration of the marriage;
5. The age, physical and emotional condition of the spouse seeking support;
6. The ability of the spouse from whom alimony is sought to meet his needs while meeting the needs of the party seeking support. 14-10-114
All issues regarding custody of minor children, including physical custody and decision-making responsibility, will determined according to the best interests of the child. In determining the best interest of the child as it relates to parenting time, the court will consider all relevant factors, such as:
1. The wishes of the child;
2. The wishes of the parents;
3. The interaction and interrelationship of the child with the parents, siblings, etc.;
4. The child's adjustment to home, school, and community;
5. The physical proximity of the parties to each other;
6. The mental and physical health of all parties, and;
7. The ability of the parties to encourage the sharing of love, affection, and contact between the child and the other party.
The allocation of decision-making responsibilities will be determined after consideration of such factors as:
1. The ability of the parties to cooperate and make decisions jointly;
2. The ability of the parties to provide a positive and nourishing relationship with the child, and;
3. Whether one of the parties has been a perpetrator of child or spousal abuse.
Access to information regarding the child, such as medical and school records shall not be denied to either parent unless otherwise ordered by the court.
Conduct of a party that does not affect that party's relationship with the child shall not be considered by the court, and the court will not presume that one spouse is better able to serve the best interests of the child because of that party's sex. 14-10-124
Colorado has enacted child support guidelines which establish the presumptive correct amount of support. The courts may deviate from the guidelines upon a finding that the application of the guidelines be unjust, inequitable or inappropriate. Any such deviation must be accompanied by specific written reasons for the deviation and must include what the presumptive amount would have been under the guidelines. Reasons for deviating may include such things as extraordinary medical expenses, extraordinary costs associated with parenting time, and gross disparity of income. All child support orders must include the social security numbers and dates of birth of the parties and children subject to the order.
The court shall also provide for the children's current and future medical needs by ordering either or both parents to provide medical and dental insurance for the children, if reasonably available. 14-10-115
