There are two pathways to divorce in Colorado. Either divorcing spouses may negotiate a settlement agreement that includes all aspects of their divorce together with the help of their Fort Collins divorce attorneys and mediator in an uncontested divorce, or they may take their unresolved disputes to court in a contested divorce. Either way, the judge signs binding, enforceable divorce judgments into a divorce decree dissolving the marriage.
Many divorcing spouses want to know: “What is on the divorce decree in Colorado, and what does it look like?”
What Terms are Included on a Colorado Divorce Decree?
Marriage is more than an emotional bond; it’s also a legal contract. Like all contracts, terminating a marriage comes with legal requirements and consequences. The divorce decree in Colorado defines the legal requirements to exit the marriage and move forward as single adults. The divorce decree includes a legal structure for the following terms:
The division of marital assets and debts in a way that’s fair and equitable, as required in Colorado divorces
Child legal custody and a shared parenting plan, or one parent’s primary custody and visitation privileges for the other parent
The divorce decree may also specify one spouse’s return to a former last name.
What Information Is on The Divorce Decree?
In addition to the terms of the divorce, the divorce decree includes important information such as the following:
The name of the presiding family court judge of the jurisdiction
The address and phone number of the court
The court case number
The names and addresses of both spouses
Identifying information for the children of the marriage
The date of the final dissolution of the marriage
The signatures of each spouse and their attorneys
The court places its official court seal on the final divorce decree. Each party typically receives a paper and electronic copy.
Reaching the Final Divorce Decree
There are two processes leading to the terms issued on the divorce decree. Divorcing spouses in Colorado may have an uncontested or contested divorce. In an uncontested divorce, the spouses communicate and compromise, working together to reach mutual decisions on all aspects of their divorce. A professional mediator, together with each spouse and their attorney, helps to resolve any disputes before signing a settlement agreement to present to the judge with no need for the expense and contention of a divorce trial. The judge typically signs the agreement into final orders on the divorce decree, unless they suspect that one spouse signed under duress or the terms are unconscionably unfair to one spouse.
The other pathway to a final divorce decree in Colorado is a contested divorce. In these cases, the spouses take their arguments and evidence to court to resolve disputes that they could not resolve with mediation. After considering each side’s arguments, the judge makes final decisions and issues binding orders on the divorce decree.
The Importance of the Final Divorce Decree
Both divorced spouses should obtain one or more copies of their divorce decree. This document proves that the marriage has been dissolved and that both spouses are now single, able to remarry, and no longer legally bound to each other. There may be times when divorced spouses need proof that they’ve divorced, or need to refer back to their divorce orders for questions about the details of their divorce terms.