Divorce is an important legal process. It affects everything from your property rights and any right or obligation to pay spousal support and your relationship with your children and the amount of child support you will need to pay. As such, it is often in your best interest to work with an experienced divorce attorney, though you can technically file for divorce without an attorney in Colorado. If you decide to move forward without the assistance of a lawyer, it’s crucial you understand Colorado law and the risks involved. Contact our divorce attorneys today to protect your rights and get trusted guidance through the process.
Is It Legal to File for Divorce Without a Lawyer in Colorado?
Yes. Like most states, Colorado allows divorce without an attorney. These are called pro se divorces. However, these filings should be only in very simple and straightforward cases in which you and your spouse agree on the key terms of your divorce and can move forward with what is known as an uncontested divorce.
Who Should Consider a ColoradoDIY Divorce?
Spouses who can agree on the terms of their divorce may wish to proceed with a DIY divorce. DIY divorce may be appropriate in cases involving:
- Uncontested divorces with no minor children
- Little or no shared property or debt
- Mutually agreed terms on separation
- Parties who are comfortable with legal paperwork
Step-by-Step: How to File for Divorce Without an Attorney in Colorado
If you wish to proceed with your divorce without an attorney, these are the steps to do so:
- Meet Colorado’s residency requirement: At least one spouse must have lived in Colorado for a minimum of 91 days.
- Complete the divorce forms: You must file a petition for dissolution, summons, financial affidavits, and other required forms based on your information. The Colorado Judicial Branch has these forms.
- File your divorce paperwork with the district court: You file the divorce papers you prepared in the county district court where you or your spouse resides. You must also pay the required filing fee, which varies by county.
- Serve your spouse: You are responsible for providing legal service on your spouse. This is typically done through the sheriff’s office or a process server. Your spouse can sign a document to waive the service requirement.
- Attend required hearings – If the court schedules any hearings for your case, you must attend.
- Receive the divorce decree – After your case is resolved, the judge issues a divorce decree.
Pros and Cons of Filing Without an Attorney in Colorado
The major benefit of filing for divorce without a lawyer is the cost savings. Unfortunately, many spouses discover that they have lost even more without hiring an attorney when it’s too late, often because they lack understanding of the laws or the divorce process, fail to receive accurate information during the divorce proceedings, or miss critical filing deadlines. These mistakes can lead to long-term consequences, such as a less favorable division of assets or custody rights. Additionally, it can be incredibly stressful to go through the complex process of divorce without professional support.
What Are Some Alternatives to Filing Alone?
If you’re concerned that you cannot afford legal representation, you can consider alternatives, such as using the court’s self-help centers, legal aid resources, limited-scope representation from an attorney, or mediation services.
When You Should Definitely Hire a Colorado Divorce Lawyer
If your case involves unresolved financial issues, significant property, domestic violence, or children, you should definitely consider hiring an attorney. If your spouse has an attorney or you’re concerned about fairness or understanding legal terms, you may also want to consider hiring a lawyer.
Contact Our Colorado Divorce Attorneys Today to Schedule Your Consultation
You don’t have to go through this difficult time alone. Contact Stahly Miner LLC online or by calling (303) 797-2900 for a confidential consultation.