Divorcing when you do not have children together is usually a much simpler process than enacting a divorce in which the parties share one or more children. In a divorce without children, the process is based on the need to ensure a fair split of marital property, focusing purely on the facts and rarely straying into emotional territory.
A family law attorney will help their client understand their rights and responsibilities, provide legal counsel, advocate on their behalf and ensure that all assets are correctly valued for equitable distribution purposes. They will also ensure that all paperwork is correctly completed and filed by the relevant deadlines, expediting and simplifying the process.
How to get a divorce without children in Colorado
Here is a look at what the process of getting a divorce without children in Colorado entails.
You must meet the state’s residency requirements
In accordance with Colorado Revised Statutes section 14-10-106, one or both parties seeking a divorce must have been residing in the state for a period of 91 days or more before filing for divorce.1 If the couple seeking a divorce meets the residency requirement, they may submit a Petition for Dissolution of Marriage without Children.2
You must file Sworn Financial Statements
It is always necessary for both parties to complete and submit Sworn Financial Statements to the court as these provide an overview of both parties’ financial affairs and will be invaluable in determining how marital assets and debts will be fairly distributed.
You must file a Separation Agreement
As long as both parties agree to the terms of the divorce, they must submit a JDF 1115 – Separation Agreement (Marriage) form.3 They must also declare all of their assets, including any real estate that is singly or jointly owned, bank and savings accounts, and other items of value. Any items with outstanding loans must also be declared, especially if the person who retains ownership of that asset will need to refinance it and remove the other party’s name from the deeds of ownership.
Although both parties may be comfortable with the terms of the divorce, they should be aware that the court may not accept a Separation Agreement if it is deemed to unfairly disadvantage the lower-earning party or if they waive their right to spousal maintenance. A family law attorney can help to ensure that the Separation Agreement is well understood by both parties and clearly detailed so it can be enforceable by the court.
You must agree to the terms of the spousal maintenance agreement
Spousal maintenance is never guaranteed, but in cases where one party’s income is significantly lower than their spouse’s and a divorce could adversely affect their financial security, the court may order the higher-earning spouse to pay spousal maintenance of a specified amount for a set length of time. When determining the value and duration of spousal maintenance payments, the court will consider:
- What marital property each party will receive;
- Each party’s gross income;
- Each party’s financial resources;
- Each party’s financial needs; and
- The duration of the marriage.
You must obtain a Decree of Dissolution
To complete divorce proceedings, Form JDF 1116 Decree of Dissolution of Marriage or Legal Separation must be submitted for signature by the court.4 Unless any anomalies or discrepancies are identified, the divorcing couple does not need to attend a hearing. However, they will need to submit a JDF 1201 Affidavit for Decree Without Appearance of Parties to confirm that they agree the hearing can occur in their absence.5
The Clerk of Court will mail a copy of the Decree to both parties once it has been approved by the court. This is the final step in the divorce process and signals the end of the marriage and the start of a new chapter in both parties’ lives.
Advice for a divorcing couple
Getting divorced when no children are involved is a reasonably simple process, but as with all relationship breakdowns, it can easily become contentious. To ensure a smooth and trouble-free divorce, it is essential to work together, identify areas of common ground, and compromise to ensure that both parties receive a fair outcome.
You should choose an experienced family law attorney to guide you on this journey. Their advice and counsel will be invaluable in overcoming any hurdles you encounter and can make the process smoother. They will interpret court documents for you, ensure that your needs are communicated, and advocate on your behalf.
To find out more about how a family law attorney can help you achieve a fair and equitable settlement from your divorce, contact the team at Lewis & Matthews, P.C. today.
Resources:
- https://casetext.com/statute/colorado-revised-statutes/title-14-domestic-matters/dissolution-of-marriage-parental-responsibilities/article-10-uniform-dissolution-of-marriage-act/section-14-10-106-dissolution-of-marriage-legal-separation#:~:text=2024%20Legislative%20Session-,Section%2014%2D10%2D106%20%2D%20Dissolution%20of%20marriage%20%2D%20legal,preceding%20the%20commencement%20of%20the ↩︎
- https://www.courts.state.co.us/userfiles/file/Court_Probation/19th_Judicial_District/CIC/Plain%20Language%20Forms/JDF%201099B%20-%20Instructions%20Divorce%20NO%20Children.docx ↩︎
- https://www.coloradojudicial.gov/sites/default/files/2024-05/JDF1115.pdf ↩︎
- https://www.coloradojudicial.gov/sites/default/files/2023-07/JDF1116.pdf ↩︎
- https://www.coloradojudicial.gov/sites/default/files/2023-07/JDF1116.pdf ↩︎