What is a Dissolution Action?
Dissolution is the legal process to formally end a marriage and divide financial assets and debts between the parties. While the dissolution process can be completed in as little as 91 days, most cases need additional time depending on the parties’ circumstances. The complexity of a case depends on the classification and type of assets acquired during the marriage, the existence of any premarital agreements, and the best interest of any children of the marriage.
What is the process for a Colorado Divorce?
There is a distinct process to obtaining a divorce or legal separation in Colorado. The process is the same for a divorce or legal separation, regardless if you have an attorney or are representing yourself.
Filling a petition for dissolution. This is the legal document that requests the court issue a divorce decree. It should contain the relief that you are looking for, such as division of assets and debts, parenting time and decision-making (if children are a part of the case), payment of support, or attorney’s fees.
Mandatory Disclosures. This is the process of providing all material and relevant financial information to your spouse. This includes completing a sworn financial statement, disclosure of all financial information and expenses, as well as employment information or potential employment information.
Mediation. After the disclosures have been exchanged, you will need to mediate the case with a mediator. You can hire a private mediator or use the services of mediators from the Office of Dispute Resolution. This is the opportunity to reach a fair and reasonable settlement with your spouse. If you are able to resolve the issue, you will then draft appropriate agreements. If you are able to resolve some but not all of the issues, the resolved issues should be reduced to a writing and the unresolved issues will be set for a hearing in front of your judge.
Hearing. This is the process of presenting your case to the judge to decide any remaining issues within your case. This could be what is reasonable spousal support, what is a parenting plan that benefits your child, or a division of assets and debts. The specifics of your hearing will depend on the facts and circumstances of you case and what, if any resolution have been reached with your spouse.
Decree. This is the legal document that states you are divorced. It is usually accompanied by either a separation agreement and parenting plan or permanent orders. These are the documents that contain your legal rights and obligations as it relates to the termination of the marriage.
