Colorado Divorce Records

Divorce rates in Colorado have gradually decreased over the years, mirroring national trends. According to recent data published by the CDC's National Center for Health Statistics, the state currently reports a divorce rate of approximately 2.8 divorces per 1,000 Coloradans (higher than the national average of 2.4 per 1,000 total population).

Colorado is a no-fault divorce state. This means that neither party is required to prove wrongdoing by their spouse to file for a divorce, and it will be granted if the court finds that the marriage is irretrievably broken - this is the sole legal ground for divorce in the state.

The cost of getting a divorce in Colorado often varies by person and the specifics of the case, including factors like attorney fees, court costs, mediation expenses, and whether the divorce is contested or uncontested. Nonetheless, recent surveys suggest that the average cost of a divorce (per person) in Colorado is $11,230, higher than the national average of $9,969.

Are Divorce Records Public in Colorado?

Divorce records in Colorado are generally considered public records under the Colorado Open Records Act (CORA); as such, they may be inspected and copied by any interested member of the public. However, it is important to note that certain information contained within the record may be restricted from public access. These typically include details involving minor children, Social Security numbers, financial account numbers, mental health information, records involving domestic abuse and sexual assault, and records that have been sealed by court order. Access to these restricted records is typically limited to the divorcing couple, their legal representatives, and individuals with a court order authorizing them to access the specified record/information.

What Is Included in Colorado Divorce Records?

The term "divorce record" is used in Colorado to describe any official document that is created, filed, and/or maintained about a divorce proceeding held in the state. These records generally include:

• Divorce Decrees: A divorce decree is the final court order issued during a divorce proceeding that legally terminates the marriage. This document typically outlines the terms of the divorce, including decisions on property division, spousal maintenance, allocation of parental responsibilities, and child support. Divorce decrees are maintained by the District Court in the county where the divorce was granted.
• Divorce Case Files/Court Records: A divorce case file is the complete collection of all documents/records filed or generated during a specific divorce proceeding, including petitions, court orders, and financial disclosures. These files are also maintained by the District Court where the divorce was finalized.
• Verification of Divorce: This is a document that serves as confirmation of a divorce proceeding. These verifications are generated and maintained by the Colorado Department of Public Health & Environment (CDPHE), and they typically contain basic details like the names of the divorcing couple, the date of the divorce, and the county where it was granted.

How Do I Find Colorado Divorce Records?

Colorado divorce records are primarily maintained locally by the District Court in the county where the divorce was granted; however, some of these records may also be accessed through the state's Department of Public Health & Environment. You may need to obtain a certified copy of these divorce records for certain legal and personal reasons, such as:

• Changing your name after divorce
• Providing official proof of your divorce status for remarriage
• To enforce or modify child support and custody-related court orders
• To update your filing status for tax-related purposes
• To update your marital status with government agencies and financial institutions
• For property transfers, especially when dividing assets post-divorce
• To update trusts, wills, and other estate planning documents

Look Up Colorado Divorce Certificate

While Colorado does not technically offer state-issued official divorce certificates, you may obtain a certified verification for a divorce that occurred from 1851 to 1939 and 1968 to date through the state's Department of Public Health & Environment (CDPHE). These documents serve as official proof of the divorce and may be obtained by mailing an Application for Certified Verification of Dissolution of a Marriage/Civil Union, along with a valid ID, to the CDPHE using the address listed on the form. Note that access to these documents is restricted to individuals with a direct and tangible interest in the record, such as the parties listed on the record, their immediate family, and legal representatives. There is a $17 fee for the first copy and another $10 fee for each extra copy requested at the same time. Note that additional processing and delivery fees may apply. Contact the CDPHE's Vital Records Office at (303) 692-2200 for more information.

Look Up Colorado Divorce Decree

The Colorado Judicial Branch provides a centralized Record/Document Request Form that may be used to request copies of divorce decrees online. You will need to provide your contact details, as well as details of the record you wish to obtain, such as the name of at least one of the parties involved, the county where the divorce was granted, the case number, the divorce year, and more. There is a base fee of 25 cents per page for uncertified documents and $20 per document for certified copies. Note that additional fees may apply depending on the nature of your request.

Copies of Colorado divorce decrees may also be obtained by directly contacting the District Court where the divorce proceeding was held. You will typically still need to submit an official application and pay all applicable fees.

Look Up Colorado Divorce Court Records

You may obtain copies of documents contained in a divorce case file by submitting a request online using the Colorado Judicial Branch's Record/Document Request Form or visiting the specific District Court that handled the divorce proceedings and providing necessary information to locate the desired records. Note that search and/or copy fees may apply.

Can You Seal Divorce Records in Colorado?

Even though divorce records are generally open to the public in Colorado, individuals can request to have these records sealed under certain circumstances. Courts typically require a strong justification for these requests, such as protecting sensitive personal and/or financial information, safeguarding the privacy of the parties involved (especially minor children), or preventing the disclosure of information that could cause harm.

To seal your divorce record, you will typically need to file a motion with the District Court that handled the case, outlining specific and compelling reasons for the request, with supporting documentation (where necessary). An assigned judge will review the motion and consider the competing interests of the public's right to access these records against your right to privacy. A hearing may also be scheduled to gather evidence and arguments before a decision is made. If the court finds the request justified, it will issue an order to seal the divorce records, or a specific portion of the record.

How Long Does a Divorce Take in Colorado?

The length of divorce proceedings in Colorado depends on several factors, including whether the divorce is contested or uncontested. Colorado law (specifically Section 14-10-106(1) of the Colorado Revised Statutes) stipulates a mandatory 91-day waiting period after divorce papers have been properly filed before the divorce can be finalized. In situations where both spouses agree on all terms (like support, property division, and custody), the process can usually be completed in about 4 months. However, if the divorce is contested, the process can take 6 to 9 months or longer. Factors like court backlogs, mediation, and the complexity of financial matters can also extend this timeline.

Does Colorado Require Separation Before Divorce?

No, Colorado does not require couples to be separated before divorce.

How Are Assets Split in a Colorado Divorce?

Colorado follows the principle of equitable distribution when dividing assets between divorcing couples, as outlined in Section 14-10-113 of the Colorado Revised Statutes. Per this law, courts are required to divide marital property (all property acquired by either spouse during the marriage, regardless of how title is held) in a manner that it deems "just" after considering certain relevant factors, including:

• Each spouse's contribution to acquiring the property
• Each spouse's economic circumstances at the time of the property division
• Any increase or decrease in the value of each spouse's separate property (assets owned before marriage or acquired through inheritance or gifts) during the marriage, or any depletion of separate property due to marital purposes

The court's overall goal is to ensure that property is divided fairly (but not necessarily equally) between both parties. It is important to note that, under state law, marital misconduct (such as infidelity or wrongdoing) does not have any influence on how property is divided.

Who Gets Custody of a Child in Divorce in Colorado?

In Colorado, the term "parental responsibilities" is used when referring to child custody, and it refers to a parent's rights and responsibilities to care for their child (after a divorce). The state recognizes two main aspects of these parental responsibilities:

• Decision-making Responsibility: This refers to the parent's right to make important decisions concerning the child's upbringing, including education, non-emergency healthcare, and religion. Decision-making responsibility is usually shared between both parents (joint), but may be awarded solely to one parent. Note that, even if both parents are awarded joint decision-making responsibility, the court may give one parent final authority over certain issues.
• Parenting Time: This determines where the child lives and how much time they spend with each parent. Parenting time may also be shared, where the child spends significant, relatively equal amounts of time with both parents, or one parent may be designated the custodial parent and have the child for the majority of the time, while the other parent may have scheduled visitation.

Colorado laws prioritize "the best interests of the child", with emphasis on ensuring frequent and continuing contact between each parent and their children after a divorce (except where this is not in the child's best interests). The state does not favor one parent over the other based on gender, and both parents are presumed to have equal rights and responsibilities in raising their children. As such, fathers are likely to receive up to 50% parenting time after a divorce, significantly higher than the national average of 35%. Courts typically consider various factors when making determinations on parental responsibilities, including the child's relationship with each parent, their adjustment to home and school, and any history of abuse or neglect.