If you are contemplating divorce, one of your considerations might be how much it will cost. Splitting up your assets and setting up separate households can be pricey. In addition, you might be worried about how much it will cost to hire a lawyer.
It is possible to get divorced without legal representation, which is known as a pro se divorce. Generally, it is only a good idea if you have a relatively straightforward, uncontested divorce. Otherwise, you should work with a Colorado Springs divorce attorney or a Colorado Licensed Legal Paraprofessional (LLP) to help you navigate the process while protecting your rights.
At Ascent Legal Group, we understand that many of our clients are sensitive to the costs associated with getting a divorce. We take a strategic approach to divorce cases, working to resolve the matter through negotiation whenever possible to help our clients minimize costs whenever possible. We also have a LLP on staff who can help guide you through the divorce process at a lower expense. Reach out to our law firm today to schedule a free consultation with a Colorado family law attorney.
Is It Possible to Get Divorced in Colorado without an Attorney?
The idea of going through any type of legal process without a lawyer may be scary and a bit overwhelming. Yet it is possible to handle your own divorce in Colorado. It does take some time, effort, and education to do it correctly, but it is an option in some cases.
While you can represent yourself in a divorce, it is only a good idea in limited situations. Broadly, if your divorce is relatively simple, then you can probably do a DIY/ pro se divorce. If there are any complexities, such as arguments over custody, spousal maintenance, or the division of assets, then you should probably hire a Colorado Springs divorce lawyer.
As an initial matter, a pro se divorce is advisable only for uncontested divorces. With an uncontested divorce, you and your soon-to-be ex agree on all of the material issues in your case. This includes property division, child custody and support, and spousal maintenance.
While you can represent yourself in a contested divorce, it would be extremely difficult. For this reason, it is a better plan to have a lawyer. A pro se divorce may be advisable in the following situation:
- You do not share children with your spouse, or you are able to agree on a parenting plan that works for both of you. Custody disputes are some of the most hotly litigated aspects of divorce cases. If you and your spouse cannot agree on custody and visitation and co-parent cooperatively, then you will almost certainly want to hire a Colorado Springs child custody attorney.
- You have a relatively simple marital estate to divide. If you and your soon-to-be ex have few shared assets or the property that you have is easy to divide (such as a house and a joint bank account), then you may be able to handle a pro se divorce. If you have more complicated assets, like a family-owned business, extensive real estate, or a government or military pension plan, then it is advisable to consult with a lawyer.
- Spousal maintenance will either not be an issue or will be relatively simple to decide. If neither spouse is entitled to alimony, or if both partners agree to the Colorado spousal maintenance guidelines, then you might not need an attorney.
- You both live in the same area of Colorado. Divorcing someone who either lives out of state or farther away from you in Colorado can be more complicated. In these situations, you may want to hire a lawyer or a LLP to help you with the process.
Keep in mind that divorce cases often involve more areas of law than just family law. For example, the way that your assets are divided can impact your taxes. If you are at all uncertain about any aspect of your divorce and how it will affect your rights and your finances, you should (at a minimum) schedule a free consultation with a Colorado Springs divorce attorney.
If you are worried about how you will be able to afford a lawyer, there are alternatives. Colorado recently authorized the licensure of LLPs, who are paralegals who can handle many divorce cases on behalf of clients. A LLP can be a more cost-effective alternative to hiring an attorney, giving you peace of mind in knowing that you are handling the process correctly while keeping expenses low. Our law offices include a LLP that can work collaboratively with you through the divorce process.
Navigating the Colorado Divorce Process without a Lawyer
If you have decided to handle your own divorce, your first step should be to spend some time learning as much as you can about Colorado family law and the requirements to get a divorce in our state. Educating yourself, including by going to a pro se divorce clinic at your local courthouse, is the best possible way to ensure that your DIY divorce goes smoothly.
Below, we have outlined the steps that you will need to take if you are doing a pro se divorce. This guide assumes that your divorce will be uncontested, which means that your case will not go to trial. If your divorce will be contested, then you should call our law firm to schedule a free consultation.
Confirm Your Eligibility for a Colorado Divorce
Before you can get a divorce, you need to make sure that you are allowed to do so in Colorado. You and/or your spouse must be a resident of the state to get divorced here. To meet this requirement, one of you must have had your permanent home in Colorado for at least 91 days before you file your petition for divorce.
If you share minor children, then there is an additional residency requirement. Your kids must have lived in Colorado for at least 182 days in order for a Colorado court to have jurisdiction over child custody and support issues. If you meet these criteria, you can move on to the next step: filing for divorce.
Draft and File a Petition for Dissolution
In Colorado, a divorce complaint is known as a Petition for Dissolution of Marriage or Legal Separation. For an uncontested divorce, you can file this document jointly with your spouse. On the document, you will be listed as the petitioner and co-petitioner.
The Colorado Court System’s website has a form that you can fill out with your spouse. On the form, you will need to enter the following information:
- The Court name and address
- The names of the parties (you and your spouse)
- Your contact information
- Details about when you were married, your shared minor children (if any), other court cases, and what relief you are requesting.
You will then sign the petition and file it at the district court in the county where either spouse resides.
If you are not filing the petition together, then you will need to serve it on your spouse, which may be done by hiring a process server. Alternatively, your spouse can file a waiver of service. Under Colorado law, you usually have 9 weeks to serve your spouse with the divorce paperwork.
Complete, File, and Serve the Appropriate Forms
Once the divorce petition is filed, both spouses will need to fill out a mandatory financial disclosure and file it with the court within 42 days of filing the petition, or before the Initial Status Conference. The financial disclosures ask each spouse to list information about their income, assets, expenses, and debts. They are mandatory in all cases, including uncontested divorces.
If you are seeking an uncontested divorce, then you should also file your separation agreement with the court. If applicable, a parenting plan and child support worksheets can be filed along with the separation agreement. This agreement must address every issue in your divorce case, including:
- Division of assets and debts
- Spousal maintenance
- Child custody
- Child support
At this stage, you can also request temporary orders for child custody, child support, spousal maintenance, or possession of the marital home. These orders will only be in effect until the divorce is finalized.
File a Draft Decree and Wait for a Final Divorce Decree
If you and your soon-to-be ex have come to an agreement and filed all of the necessary paperwork and forms, then the final step is to submit a Decree of Dissolution of Marriage to the court. The judge will review all of your paperwork to ensure that it is complete, fair, and in accordance with Colorado law. If the court approves, then it will issue a final divorce decree.
In Colorado, a divorce order can be issued in as little as 92 days after filing a petition for dissolution. This is only possible in cases where the parties are able to agree on everything. If you cannot agree on any aspect of your case, then it will take longer. For contested divorces, your best option is to work with a Colorado Springs divorce lawyer or LLP to help guide you through the process.
Reach Out for a Free Consultation with a Colorado Springs Divorce Lawyer
Getting divorced from someone you no longer want to be married to may turn out to be the best possible decision. Yet at the same time, it can also be a stressful, expensive process. While it is possible to handle your divorce on your own, if there are any complications in your case, you should (at a minimum) consult with a Colorado family law attorney or LLP.
At Ascent Legal Group, we offer high-quality, thoughtful legal representation to individuals and families in Colorado. We understand that cost is often a major concern when it comes to divorce, which is why we try to help our clients achieve their goals in a smart way while staying on budget. Call our law offices at 719-256-0067 or fill out our online contact form to schedule a consultation with a Colorado divorce lawyer.
