The language set forth in C. Rule 98 is plain and simple, and should be easy to follow. If husband and wife reside together in Arapahoe County at the time a divorce is filed, the divorce shall properly be filed in Arapahoe County. If the parties originally resided in Arapahoe County and have separated, with wife now residing in Denver County, the case should properly be filed by husband in Denver, unless wife can be served in Arapahoe.
Divorce Courts in Adams County, CO
Sometimes this can be accomplished. Some times it cannot. The common presumption that the parties resided together in a specific county automatically makes that county the proper place for filing the divorce is wrong. Rule 98 is applicable in Denver area custody cases as well. People often wrongly assume that venue is proper in the county in which the child is located.
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Again, this is a false assumption. Though it certainly might be more convenient to have a Denver area custody case heard in your specific county, you must look to where the other parent resides. Admittedly, when there are childrern, there is a greater chance for the person in one county being able to serve the other parent in that county when visitation exchanges will occur there. At the same time, one has to weigh the potential damage to the children of seeing the other parent served, or their angry reaction to such.
An exception to the general rule flows from the statutory section set forth in C. Title 19, Article 4, regarding paternity cases. In addition to the establishment of parentage, paternity cases will generally entail issues regarding custody and child support. Are you ready to move forward with a divorce?
Since , our Littleton divorce attorney have been fighting on behalf of our clients, aggressively advocating their rights and interests in any legal setting. Our lawyers know how serious and devastating the impacts of divorce can be, and we know that achieving a favorable resolution can be pivotal to helping people move on with their lives.
- Albert V. Evans, Attorney at Law.
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To set up a meeting, call us at or email us using the form on this page. Colorado is a no-fault divorce state.
No-fault means that divorcing couples do not need to place blame on one spouse or the other to obtain a divorce from the court. You or your spouse must be a resident of Colorado for at least 90 days before you are able to submit divorce documents. When you visit the site, you will discover that there are a number of possible forms to complete. There are options for those with no children and options for those with children.
Things To Consider When Thinking About Divorce In Denver, CO
If your spouse is not filing with you, then you will also need to serve your spouse with a Summons for Dissolution or Marriage. Looking over the Colorado Judicial Branch website and the available forms, it is easy to get overwhelmed. There are numerous options and many divorce forms to choose from. You will also discover that some of these forms are quite detailed as Colorado requires complete and accurate information. Now that you have completed all of your Colorado divorce paperwork, you are ready to submit it to your local county clerk in your specific district.
Avoid signing any sworn statements or affidavits before you go to the court, because these documents need to be notarized. Most courts will have a notary on hand, although you may want to call ahead to make sure.
Also, make copies of all of your documents before you file. You will want at least two copies along with the original — one to give to the court and one to serve to your spouse. Be sure to check with the court on the cost and acceptable forms of payment to the state. If you did not file for divorce jointly with your spouse, you will need to serve him or her the divorce paperwork. There are several ways to do this, including:.
When your spouse is served, the party that served the divorce paperwork will give you a return of service form, which you will need to file with the court.
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