Divorce is a complex process that often brings with it emotional and financial challenges. One common question we receive at Johnson Law Group is whether it's possible to get divorced without an attorney. The answer is yes—Colorado residents can represent themselves in a divorce, a status known as "pro se" or self-representation. However, navigating the legal system on your own requires a full understanding of the process, careful preparation, and awareness of possible challenges.
In this blog, we'll point out some of the essential steps for getting a divorce in Colorado without an attorney, discuss the potential challenges, and explain how Johnson Law Group can support you as you take on this journey.
The first step in getting a divorce in Colorado is determining where to file your case. To file for divorce in Colorado, you need to meet the residency requirement, meaning that either you or your spouse must have lived in the state for more at least 91 days. Once this requirement is met, you should file your divorce petition in the county's district court where you or your spouse reside.
Filing in the correct county is crucial because it establishes the court's jurisdiction over your case. Double-check the residency and jurisdiction requirements to avoid delays or complications in divorce proceedings. You will need to prepare and submit the following documents:
One of the most critical aspects of any divorce is the financial disclosure process. Both parties must make substantial financial disclosures in Colorado to ensure transparency and fairness in dividing assets and liabilities. As a self-represented party, you will need to gather and prepare various financial documents, which can include:
These documents will need to be organized and ready for submission to the court. Failing to give accurate and complete financial disclosures can result in penalties or unfavorable outcomes in your divorce case. To avoid any issues, it's essential to gather meticulous records and ensure all financial information is current. Additionally, you may want to consult with a financial advisor or accountant to help you accurately assess your financial situation.
One of the significant challenges of representing yourself in a divorce is negotiating a fair settlement with your spouse. Suppose you and your spouse can reach an agreement on significant issues such as property division, child custody, and spousal support. In that case, you can draft a separation agreement to submit to the court for approval. This agreement should be detailed and cover all aspects of your financial and parental responsibilities.
However, if reaching an agreement proves difficult, mediation may be required. Mediation is when a neutral third party helps spouses negotiate and resolve disputes. While mediation can be an effective way to avoid a lengthy court battle, it requires careful preparation. As a self-represented party, you will need to understand the legal implications of any proposed agreements and be ready to advocate for your interests during the mediation process. To prepare for mediation, consider:
The final step in your divorce process is the court's approval of your settlement agreement or a final hearing if no agreement is reached. You must submit the necessary documentation to the court if you and your spouse have successfully negotiated an agreement. Then, the judge will review the agreement to ensure it's fair and in compliance with Colorado law before issuing a final divorce decree.
If you are unable to reach an agreement, the case will continue to a final hearing, where the judge will make the final decisions regarding all unresolved issues. Representing yourself at a final hearing can be particularly challenging, as you must present evidence, make legal arguments, and follow courtroom procedures. It's essential to be thoroughly prepared and to understand the rules of evidence and courtroom decorum. Even though you're representing yourself, the court will hold you to the same standards as an attorney.
At Johnson Law Group, we offer consultation services, rather than legal representation, for people who cannot afford representation or do not wish to hire an attorney as their representative for their divorce. As consultants rather than representatives, we can help parties represent themselves confidently in navigating the divorce process. Our family law attorneys (as consultants rather than representatives) can help you with the following:
By consulting with our attorneys, you can ensure that you're making informed decisions and that your rights are protected through the divorce process. We can provide consultation services to help with just one aspect of your case or with all the steps throughout the entire process.
While getting a divorce without an attorney is possible in Colorado, it's essential to be aware of the challenges and complexities involved. With careful preparation and a clear understanding of the legal requirements, self-representation can be a viable option. However, it's always wise to seek professional legal advice.
If you are considering a divorce in Colorado and are unsure about whether to hire an attorney, Johnson Law Group is here to help. We strive to empower self-represented parties with the knowledge and support they need to navigate the divorce process successfully. Contact us today at 720-445-4444 to schedule a FREE consultation and learn more about how we can assist you.
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