Colorado Divorce Records

Colorado has seen a steady decline in its divorce rate over the past decade. Currently, the state has a divorce rate of 2.9 per 1,000 persons, which is slightly above the national average of 2.4 per 1,000 people. Compared to neighboring states like Nebraska and Utah, Colorado's divorce rate is relatively similar, with both states having their divorce rate at 2.6 per 1,000 and 2.9 per 1,000 people, respectively. While some ethnic groups may typically experience higher divorce rates compared to others, it is usually factors like age at marriage, education attainment, economic stability, and religious affiliations that influence how long a marriage lasts in Colorado.

Divorce records are created when a party files for divorce and are updated and maintained by the District Court Clerk. Divorce records in Colorado include three types of records:

• Divorce Decrees: The final court order signifying the official end of the marriage. They outline the divorce terms, specifying child custody, visitation, alimony, child support, and property division agreements.
• Divorce Certificates: A simpler document verifying the names of the parties, date of divorce, and location the divorce was granted. Typically used for administrative purposes such as updating a legal document.
• Divorce Case Files: The case files include all documents filed during the divorce process, including motions, petitions, affidavits, and court orders.

Divorce records are generally accessible to the public. However, sensitive information and personal identifying information on divorce records are closed to the public. Such records are restricted to persons with verifiable interest or with a court order.

What Are the Residency Requirements for Divorce In Colorado?

Section 14-10-106(1)(a)(i) of the Colorado Revised Statutes (CRS) outlines the residency requirements for divorce in the state. The statute mandates that at least one spouse seeking divorce must have lived in Colorado for 91 days before filing for divorce. The divorce petition may also be filed in the District Court in the county where either spouse resides.

What Are the Grounds for Divorce in Colorado?

In Colorado, divorce is granted on no-fault grounds, meaning you do not have to prove that one spouse is at fault for the marriage breakdown. A no-fault grounds for divorce implies that the court does not require either spouse to prove wrongdoing or fault by the other party. In Colorado, the primary legal ground for divorce is "irretrievably broken" and there is no reasonable likelihood of reconciliation.

Colorado's no-fault divorce grounds contrast that of states like Alabama and Vermont with fault-based grounds for divorce. A fault-based divorce is one where one spouse is required to prove that the other spouse's action led to the breakdown of the marriage. The grounds for fault-based divorce vary from state to state. Generally, in most states, it is necessary to prove one of the following misconduct or violations:

• Adultery
• Physical or mental cruelty
• Impotence
• Abandonment or desertion
• Felony conviction
• Imprisonment
• Substance abuse

How Much Does It Cost To File for Divorce in Colorado?

The average filing fee for divorce petitions in Colorado is $230. However, divorce expenses extend beyond the filing fees and costs to courts. Other potential costs incurred during the divorce process include:

• Attorney fees
• Child support and custody evaluations
• Spousal maintenance
• Mediation costs
• Parenting classes
• Expert witnesses
• Property appraisal fees

The median cost for a divorce in Colorado is around $11,000, which could easily increase to over $15,000 when kids are involved. Colorado's divorce rate is slightly above the national average of $9,969. Likewise, neighboring states like Utah and Wyoming have slightly lower divorce costs at $10,725 and $9,085, respectively, than Colorado.

How Long Is the Waiting Period for Divorce in Colorado?

Colorado has a mandatory waiting period of 91 days before a divorce can be finalized. The waiting period begins from the date the divorce petition is served to the non-filing spouse. The waiting period serves as a "cooling-off period, " which allows both parties to consider their decision and to prepare for the process if they choose to move forward with the divorce.

In Colorado, the waiting period ensures the couple has enough time to reflect, negotiate, and reach a settlement; however, it does not mandate a separation period before filing. The separation period, as mandated in some states, is a period a couple may stay physically apart before they can file for divorce. Typically, the separation period may range between 6 - 12 months.

How To File for Divorce in Colorado

There are several steps involved in filing for a divorce in Colorado. Usually, the steps may vary depending on whether the case is contested or uncontested. Below is a step-by-step guide to filing for divorce in Colorado:

• Meet the residency requirements -one spouse living in Colorado for 90 days before filing
• Complete the appropriate forms
• File the forms with the court and pay the filing fees
• If filing individually, serve the divorce papers to the non-filing spouse within 14 days of filing. The respondent may respond within 21 days if residing in Colorado and 35 days if out of state.
• Both spouses may complete and exchange financial disclosures within 42 days of filing the petition.
• Attend the Initial Status Conference (ICS) mandated by the state.
• Attend mediation for contested divorces. Uncontested divorce may skip mediation if all terms are agreed on.
• Submit a Separation Agreement and Parenting Plan for uncontested divorce cases. Contested cases may attend multiple hearings to resolve all disputes.
• Complete the 91-day waiting period.

You may leverage the self-help resources provided by the Colorado Judicial Branch to navigate the divorce process efficiently.

Are Divorce Records Public in Colorado?

Per the Colorado Open Records Act (CORA), divorce records are considered public records in Colorado, which means they are generally accessible to the public unless they are exempted by law. However, access to specific information within the records may be restricted to protect privacy.

Consequently, financial information, information relating to minors, and sensitive personal information such as medical records or Social Security numbers are restricted from public access. Likewise, sealed divorce records are unavailable to the public. Generally, only the divorced parties, their legal representatives, and authorized individuals and entities may access restricted or sealed divorce records.

How To Get Certified Copies of a Divorce Decree in Colorado

Divorce decrees are formal court orders finalizing a divorce and detailing the court's ruling on matters such as child custody, child support, property division, and spousal support.

You may obtain certified copies of divorce decrees by submitting a written request to the District Court where the divorce was finalized. Ensure you include necessary information, such as the full names of both parties, the date of divorce, or the case number. Usually, certified copies of divorce decree include a raised seal and a judge‘s signature. The cost of obtaining a divorce decree varies per county but typically costs between $15 and $50. Divorce decrees are processed between 5 to 10 business days.

Divorce certificates contain basic information such as the names, date, and location of the divorce. Often required for administrative purposes such as updating marital status or changing name, divorce certificates typically cost about $17.

Divorce Settlement: Is Colorado a 50/50 State?

Colorado follows an equitable distribution system when dividing marital property during a divorce. This implies that during a divorce, the marital property is divided in a manner deemed fair and equitable by the courts, which may not usually result in a 50/50 split. Unlike community property states where all marital assets and debts are divided equally, 50/50 between spouses, the courts in Colorado divide the assets based on equity, considering several factors such as:

• Each spouse's contribution to the marriage
• The economic circumstances of each spouse
• The duration of the marriage
• The future earning potential of each spouse
• The spouse's separate properties acquired before the marriage
• The spouse's age and health

FAQs About Divorce Process In Colorado

Here are answers to frequently asked questions on the divorce process in Colorado.

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