Assuming that the two spouses have exchanged financial information and that your separation agreement is not unilateral (particularly with regard to support), the court generally adopts the separation decree without a hearing being required. (If you have children, a hearing is required, unless both spouses are represented by a lawyer.) Once you have exchanged financial information, you can start working on your agreements. I do NOT recommend signing agreements before financial disclosures: not only is it difficult to share marital estate or calculate support/support before having the documents, but it is also too easy for a spouse to withhold from an agreement signed before the disclosures. You can also conclude the agreements before participating in the initial status conference. Note that in the event of large income differences, the court may not accept a separation agreement if the low salary forgoes the spouse`s assistance. At least you should calculate what child support is so that each spouse knows what he or she is giving up. A free version of the family law child support computer is available for download – it will charge for both child care and maintenance with the same software used by Colorado courts. All undisputed divorces have a JDF 1115 – Separation Agreement (marriage) (Word | PDF). Despite its name, this document is used for divorces, not just separations. The separation agreement deals with everything but education issues, including the distribution of assets and debts, as well as support. The separation agreement is broken down by type of assets, real estate, bank accounts, etc. Fill it out in the most complete way possible and indicate which spouse will receive each asset.
For assets financed (buildings or vehicles), there are also provisions regarding the length of time the spouse refinances the assets in order to remove the other spouse`s name. Be careful not to be unrealistic – don`t accept a home within 90-180 days, for example, unless you`ve already verified that you qualify for a new mortgage. The hearing is expected to last approximately 10-15 minutes, during which the judge will ask you and your spouse questions about the marriage and the agreements you have made. Assuming that everything has been properly completed and filed in advance, the court will grant dissolution and give you a copy of the dissolution decision on the same day. Here are some suggestions for the smooth running: If the spouse owes support or child care to the other, you need a separate assistance JDF 1117 (Word | PDF) sign for the court, although you have set the dietary requirements in the separation agreement, and daycare in the parents plan. There is also a model of a life insurance plan – as a general rule, a spouse who owes support to the other spouse will carry life insurance to protect lost aid if the payer dies first. If you have children, you must, in any case, calculate the custody of the children. And if you`re not a risk provider, you should follow the guidelines! Spouses may be creative in the allocation of real estate or debts and, to some extent, have some flexibility in maintenance.
But if you deviate from child custody guidelines, you risk seeing the judge refuse the amount of assistance and impose assistance in accordance with Colorado guidelines to help children. There are enough legal precedents that help is the right of the children, not the parent who receives it, so we should not give up aid. In general, if the aid would be due below $200 or something, you are more likely to succeed, to try to do so, than if the support is higher than that, even if there is no clear line rule. There is a 91-day legal waiting period between the delivery of the process and the issuance of the dissolution decision. If you have filed the documents after 91 days, the court will generally check the documents, sign and mail the dissolution order in about a week.