If you have relocated to Colorado but were divorced in another state, you may be able to transfer your Divorce case to Colorado for modification of maintenance, enforcement of your Court Orders, and even to address issues related to any child custody orders like modifying parenting time or child support.
Colorado Revised Statutes §14-11-101
Under Colorado law, a divorce Decree entered by a Court in another State can be transferred to Colorado when a number of conditions are met. Included among these conditions is notification to the other party and an opportunity for them to respond and object to the case transfer.
Why transfer my Divorce case?
By keeping your Divorce case in the out of state Court, all future legal matters you seek to address must be transacted directly through that Court. This may require your personal appearance at future hearings or necessitate complex document service procedures, significantly increasing the costs of your post-decree Divorce and custody case, should the need to revisit and modify prior Court orders be necessary.
What is involved in the process?
Transferring your Divorce case to Colorado begins with filing a Petition to Register Foreign Decree. Original and Certified Court documentation from your Divorce case must be provided to the Colorado Court with your Petition to Register the Foreign Decree.
Filing your Petition to Register also requires you to demonstrate to the Colorado Court that you have properly served the other party, given them the appropriate Notice, and are advancing to the Court the most current Divorce case orders regarding. Any failure on your part to serve the other party improperly or in an untimely manner can compromise your Petition, just as failing to provide the Colorado Court with the most current and accurate orders regarding your Divorce case.
Contact our Family Law Attorneys to see how we can assist you in transferring your Divorce case.
If you have decided to get a divorce, the next steps can seem daunting. Here we provide a few answers to common questions about filing for divorce.
Depending on your family, financial, and personal circumstances there are many factors you will want to consider when filing for divorce. Find out what type of divorce is right for you.
How long will it take for the Court to issue a Decree of Dissolution of Marriage? The earliest a Colorado court could issues the divorce decree is 91 days after the petition was filed. However it can take longer than 91 days, as expert valuations and reports may be needed.
How can a divorce attorney help with an uncontested divorce? Uncontested divorce generally means the parties have agreed upon all issues, or they believe they will be able to easily agree on all issues. A divorce attorney can help with an uncontested divorce by ensuring everything drafted properly.
What are mandatory financial disclosures? Financial disclosures are required of both parties in every divorce case, within the first 45 days after the petition has been filed. The exchange of mandatory financial disclosures is intended to put each party on a level playing field as it relates to the finances of the divorce.
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