Divorce at Altitude: A Podcast on Colorado Family Law

Ep. 7 - How to File for Divorce in Colorado

March 29, 2021 Ryan Kalamaya & Amy Goscha Season 1 Episode 7
Divorce at Altitude: A Podcast on Colorado Family Law
Ep. 7 - How to File for Divorce in Colorado
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Divorce at Altitude: A Podcast on Colorado Family Law
Ep. 7 - How to File for Divorce in Colorado
Mar 29, 2021 Season 1 Episode 7
Ryan Kalamaya & Amy Goscha

Divorce brings about a lot of changes that aren’t easy. In addition to our longer weekly episodes, we have created short “how to” episodes with tips and insight into the legal process of divorce in the State of Colorado. In the first how to episode, Ryan Kalamaya  talks about the steps to file for divorce in the state of Colorado.

In This How To Episode

-       Step by step legal process of filing for divorce in Colorado

-       What documents are needed to file for divorce 

-       Information about the petition, case information sheet, and the summons

-       Where to file for divorce

 

Make sure to follow us to continue the conversation on Facebook, LinkedIn, and Twitter. 

 

Step by Step Colorado Divorce Guide

The initial thought of trying to file for divorce can be overwhelming and emotionally exhausting. 

Ryan Kalamaya, one of the founding partners of innovative law firm Kalamaya | Goscha, has created a simple, step by step guide to the Colorado divorce process, so you know what to expect and how to best protect yourself and your assets.  

Each 5-minute episode will cover the process for divorce, parenting in a divorce, property division, and more. To watch the videos of each episode, click here.

About Kalamaya | Goscha

Kalamaya | Goscha is an innovative law firm with an award-winning team of trial lawyers specializing in highly personal disputes — divorce, child custody, property division, maintenance/alimony, pre-marital and marital agreements, and collaborative divorce — in Colorado. Give us a call at 970-429-5784 or email us at [email protected] 

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DISCLAIMER: THE COMMENTARY AND OPINIONS ON THIS PODCAST IS FOR ENTERTAINMENT AND INFORMATIONAL PURPOSES AND NOT FOR THE PURPOSE OF PROVIDING LEGAL ADVICE. CONTACT AN ATTORNEY IN YOUR STATE OR AREA TO OBTAIN LEGAL ADVICE ON ANY OF THESE ISSUES.

Show Notes Transcript

Divorce brings about a lot of changes that aren’t easy. In addition to our longer weekly episodes, we have created short “how to” episodes with tips and insight into the legal process of divorce in the State of Colorado. In the first how to episode, Ryan Kalamaya  talks about the steps to file for divorce in the state of Colorado.

In This How To Episode

-       Step by step legal process of filing for divorce in Colorado

-       What documents are needed to file for divorce 

-       Information about the petition, case information sheet, and the summons

-       Where to file for divorce

 

Make sure to follow us to continue the conversation on Facebook, LinkedIn, and Twitter. 

 

Step by Step Colorado Divorce Guide

The initial thought of trying to file for divorce can be overwhelming and emotionally exhausting. 

Ryan Kalamaya, one of the founding partners of innovative law firm Kalamaya | Goscha, has created a simple, step by step guide to the Colorado divorce process, so you know what to expect and how to best protect yourself and your assets.  

Each 5-minute episode will cover the process for divorce, parenting in a divorce, property division, and more. To watch the videos of each episode, click here.

About Kalamaya | Goscha

Kalamaya | Goscha is an innovative law firm with an award-winning team of trial lawyers specializing in highly personal disputes — divorce, child custody, property division, maintenance/alimony, pre-marital and marital agreements, and collaborative divorce — in Colorado. Give us a call at 970-429-5784 or email us at [email protected] 

************************************************************************

DISCLAIMER: THE COMMENTARY AND OPINIONS ON THIS PODCAST IS FOR ENTERTAINMENT AND INFORMATIONAL PURPOSES AND NOT FOR THE PURPOSE OF PROVIDING LEGAL ADVICE. CONTACT AN ATTORNEY IN YOUR STATE OR AREA TO OBTAIN LEGAL ADVICE ON ANY OF THESE ISSUES.

Ryan Kalamaya:
In contrast to the difficult emotional decision of whether or not a divorce is right for you, the actual filing and process to start a divorce in Colorado is relatively easy and straightforward. You generally speaking will need three documents in order to file for a divorce.

Ryan Kalamaya:
The first is the petition, and the petition can either be filed on your own or it can be filed jointly. If you file jointly with your spouse, then you don't need the summons.

Ryan Kalamaya:
The second document that's required in all divorces in Colorado is the case information sheet. Most people are surprised when they actually see these documents at how simple they are. They ask your name, what your email address is, your physical address, the names of your children, when they were born, and the most complex or most important things within the petition are jurisdictional in nature. What I mean by that is the court needs to understand or be assured that the children, for example, have been here for 182 days, or most importantly, whether or not you or the other party has been domiciled in Colorado for 90 days or more. That assures the court that the jurisdiction is proper for the marriage.

Ryan Kalamaya:
Now, when you actually get those documents, in the summons, if you were to file on your own, that would also need to be served on the other party. That's pursuant to Rule Four of the Rules of Civil Procedure. Now the other party, they can waive service. So oftentimes when a party files for divorce and they have a divorce lawyer, they'll serve what's called a waiver of service. Generally speaking, the court just needs to know that the other party is aware of the action. Now, if you have to go and serve them, you generally can work with a sheriff's department or a process server, and then they will get you a return of service.

Ryan Kalamaya:
But that's how you actually file. And you would go down to the courthouse, or for divorce lawyers, we file online after the party that is filing or both parties have filed, have signed and verified that the information is true.

Ryan Kalamaya:
Now, there are a couple of questions on there that can matter in there, whether or not there's been a previous case involving the children. That could be a Department of Health and Human Services investigation, dependency and neglect, whether or not there's open restraining orders, those sorts of things need to be filled out and disclosed. The other thing that people need to be aware of is that there'll be questions of what you want the court to decide. That would be for child support, property division, restoration of your name, spousal maintenance, and it's generally best to have all of those issues that are relevant to your case checked. There is some case law here in Colorado where if you don't actually check the box that you can come back and later ask for it, but that can be something that you'd want to consider consulting with an attorney.

Ryan Kalamaya:
Thanks for listening or watching this short lesson on the Divorce At Altitude podcast. If you found this helpful, please leave a review or share with a friend. It does help for others that are going through or thinking about a divorce in Colorado. If you want to find out more information, please visit Kalamaya.Law or [email protected] That's K-A-L-A-M-A-Y-A.Law. Remember, this is educational information. It's not intended to be legal advice. Please consult with an attorney about the particulars of your case. We're happy to answer questions. Feel free to give us a call at (970) 315-2365.