Simple Divorce in Colorado Springs with Affidavits

Need for Simple Divorce Procedures in Colorado Springs

The Colorado Revised Statutes are complex. This is one of the reasons why you need a competent Colorado Springs divorce lawyer to help you make your case. Not only does one have to know the various sections of the law along with all relevant annotations and exemptions, you also need to understand court procedures, which forms to fill, who to give them to and so on and so forth.

For couples undergoing a divorce, this can create a layer of stress that's added on to an already emotionally charged situation. But these procedures are important for divorces where the two parties don't agree to the divorce terms and need to fight it out. However, some divorces can be amicably settled and Colorado law gives such couples a chance to easily conclude their divorce without too many problems.

The technical term is called "Dissolution of marriage upon affidavit" and is laid down in Title 14, Article 10, Section 120.3 of Colorado law. There are a few conditions that need to be met for this procedure to be accepted by the court. Let's take a look at them below.

Conditions for Divorce on Affidavit

There are four conditions that need to be met before the court will accept the affidavit of either spouse.

Minor children

There must be no minor children in the equation. The wife mustn't be pregnant either. This removes a major complication in any divorce proceeding. However, in case there are children, both parties must agree to a separation plan with the help of attorneys from both sides. The agreement must address issues such as parental responsibilities as well as how much child support needs to be paid by either party.

Marital Property

There must be no marital property that needs to be divided between the two. In case such property exists, the two need to agree on how to divide it.

Serving Notice and no other problems

In case one of the spouses files an affidavit, the other must be served according to the legal procedure laid down by law. Also, there must be no other important issue to decide between the spouses that can have an impact on the outcome of the divorce.

Engaging a Colorado Springs Divorce Lawyer

Both parties need to be represented by council in case there are children involved. In addition, the court isn't obliged to enter a decree of dissolution based on the affidavits, but can order a formal hearing if it thinks it fit. To ensure there are no problems with the affidavit and procedures, you need to engage a competent divorce attorney. Our Clawson & Clawson lawyers are well equipped to handle these cases. Contact us for a free initial consultation.