The procedure for getting a divorce in the State of Colorado can be both simple and complex. In most cases, an individual seeking a divorce would be well-advised to consult with an experienced family law attorney prior to filing his or her case. The attorneys at Antolinez Miller, LLC carefully review numerous considerations prior to filing any action and are available to provide you with a free initial consultation to discuss your case.

Prior to filing a Petition for Dissolution of Marriage, it must be determined whether the State of Colorado has jurisdiction to dissolve the marriage. In most cases, the State of Colorado will have jurisdiction to enter a Decree of Dissolution of Marriage if either spouse resided in the State of Colorado for at least 90 days immediately preceding the commencement of the action.

In order for the courts of Colorado to have jurisdiction to also divide marital property and debt, issue child support and/or maintenance (alimony) orders, the spouse responding to the divorce action must either consent to Colorado's jurisdiction or the filing spouse must demonstrate to the Court that the responding spouse purposefully availed themselves of the jurisdiction of Colorado's courts. A spouse usually avails him or herself to the jurisdiction of the courts of Colorado if he or she had certain minimum contacts with the State of Colorado. The analysis of whether or not minimum contacts exist is best left for a qualified family law attorney.

In order for the courts of Colorado to have jurisdiction to enter child custody and parenting time orders (referred to in Colorado as the allocation of parental responsibilities or APR), the requirements of the Uniform Child Custody Jurisdiction and Enforcement Act (also known as the UCCJEA) must be met. For the most part, the State of Colorado will have jurisdiction over any child who has continuously resided in Colorado for more than six months. Special rules apply to children of less than six months of age. If your children have lived in more than one state in the last six months, it is extremely important that you consult with a well-qualified family law attorney prior to filing your action.

Once it is determined that Colorado has jurisdiction over the particular issues you would like to address, it is important to determine the county in which to file your action, which is known as choice of venue. The choice of venue is often the most overlooked consideration by both attorneys and lay persons alike. The attorneys at Antolinez Miller, LLC are experienced at analyzing this often overlooked consideration.

Once the divorce is filed and the petition for dissolution is served on the opposing party, there is a 90-day waiting period to get divorced in Colorado. Colorado courts do not have jurisdiction to enter a Decree of Dissolution of Marriage until the waiting period has expired. It is noteworthy that there is no waiting period to get legally separated in the State of Colorado.

During the time the case is pending before the court, your case will be governed by Colorado Rule of Civil Procedure 16.2. This rule requires the parties to attend an initial status conference with the court and sets forth what disclosures each party is required to provide to the other party. Failure to abide by this rule can result in delays and adverse consequences. The attorneys at Antolinez Miller, LLC are well-qualified to guide you through this process.