DIY Divorce Guide: Finalizing Your Case

diy, do-it-yourself

Once you have exchanged financial information, you can start working on your agreements. I do NOT recommend trying to sign agreements before the financial disclosures: not only is it hard to divide the marital estate or calculate support/maintenance before you have the documents, but also it’s too easy for a spouse to back out of an agreement signed before the disclosures were done.

You can also complete the agreements before you attend the Initial Status Conference.

Separation Agreement

All uncontested divorces will have a JDF 1115 - Separation Agreement (Marriage) (Word | PDF). Despite the name, this document is used in divorces, not just legal separations. The separation agreement addresses everything but parenting issues, including division of assets and debts, as well as maintenance (alimony).

The separation agreement is broken down by type of assets - real estate, bank accounts, etc. Fill it out as completely as possible, and indicate which spouse will be awarded each asset. For financed assets (real estate or vehicles), there are also suggested provisions for how long the spouse has to refinance the asset to remove the other spouse’s name. Be careful not to be unrealistic - do not agree to refi a house within 90-180 days, for example, unless you’ve already verified that you would qualify for a new mortgage.

Note that if there is a big disparity in income, the court may not accept a separation agreement where the lower income earner is waiving spousal support. At a minimum, you should calculate what the maintenance would be, so each spouse knows what he/she is giving up. A free version of the Family Law Software child support calculator is available for download - it will calculate both child support and maintenance using the same software used by Colorado courts.

There is also a sample provision for life insurance - typically, a spouse who owes spousal maintenance to the other will carry life insurance to protect the lost support in the event the payor dies first.

Parenting Plan

If you have children, you will need to fill out the JDF 1113 Parenting Plan (Word | PDF). This fill-in-the-blank form contains your parenting schedule, decision-making designations, and child support issues.

Just because a box exists, it doesn’t mean you should actually use it! Note that the parenting plan has every conceivable holiday listed, but if the spouse are going to share equal parenting, most of the time they do not divide the “minor” holidays, and instead just address the breaks/vacations, plus Father’s/Mother’s Days.

Child Support Worksheet

If you have children, you must calculate child support in all cases. And unless you are a risk taker, you should follow the guidelines! Spouses can get creative on allocating property or debt, and to some degree, have flexibility on maintenance. But if you deviate from the child support guidelines, you are risking the judge rejecting the support amount and imposing support pursuant to the Colorado child support guidelines. There is ample legal precedent that support is the right of the children, not the parent receiving it, so support should not be waived. Generally, if the support owing would be under $200 or so, you are more likely to succeed in waiving it than if the support is higher than that, though there is no bright-line rule.

A free version of the Family Law Software child support calculator is available for download - the same version Colorado courts use to calculate and print child support worksheets.

Support Order

If either spouse owes maintenance or child support to the other, you must file a separate JDF 1117 Support Order (Word | PDF) for the court to sign, even though you have set for the maintenance requirements in the separation agreement, and child support in the parenting plan.

Options to think about for the support order include how support will be paid (directly to the other spouse, or via an income assignment), as well as addressing health insurance.

Decree of Dissolution

You will also need to submit a proposed decree for the court to sign, the JDF 1116 Decree of Dissolution of Marriage or Legal Separation.  (Word | PDF). Leave the date of review blank, and fill out the following:

  • (Children) Tick "Appeared in person" and "The Court has considered the Evidence and Testimony Presented"
  • (No children) Tick "Signed a Non-Appearance Affidavit" and "The Court has read the Non-Appearance Affidavit"
  • Tick "The Court has considered any Financial Statements"
  • Para. 1 - Tick and date the appropriate box for the service of process method (joint filing, service of process or waiver of service)
  • Para. 5 - Tick (all uncontested cases will have a separation agreement)
  • Para, 6 - Tick parenting plan if you have children
  • Para. 7 - Tick if a spouse is seeking a name change
  • Under the Orders on page 2, tick either that a decree of dissolution, or a decree of legal separation enters.
  • Tick that each party shall comply with the separation agreement, and indicate when the separation agreement (and, if applicable, Parenting Plan) was filed with the Court.
  • If either child support or maintenance is payable, tick that the Support Order will become part of the decree.
  • If there is a name change ordered, fill in the relevant information.

Final Steps - No children

Assuming both spouses have exchanged their financial disclosures and your separation agreement is not one-sided (especially on maintenance), the court will usually issue the decree of legal separation without requiring a hearing. (If you have children, a hearing is required unless both spouses are represented by counsel).

Fill out JDF 1201 Affidavit for Decree Without Appearance of Parties. (Word | PDF) as follows:

  • Para. 1 - Fill in the date the Petition was filed, and tick which spouse was a resident of Colorado (probably both spouses)
  • Para. 2 - Tick and date the appropriate box for the service of process method (joint filing, service of process or waiver of service)
  • Para. 3 - Tick no minor children
  • Para. 4 - Tick you’ve signed a separation agreement
  • Para. 5 - Tick that you’ve reviewed the maintenance guidelines
  • Para. 6 -  Tick that there are no issues in contention
  • Para. 7 - Tick and fill out the name change information, if applicable
  • On the 2nd page, tick that both parties are asking the Court to enter a decree
  • Tick the box saying you did not change the form
  • Both parties sign/verify the form.

File the following documents with the clerk of court:

  • Affidavit for Decree without Appearance of Parties
  • Separation Agreement
  • Parenting Plan & Child Support Worksheet (if children)
  • Support Order (if maintenance or child support is payable)
  • Decree of Dissolution of Marriage

Provide two additional copies of the decree and support order, with self-addressed stamped envelopes for each spouse, so the clerk can mail you each a copy once the decree has been signed.

There is a statutory 91 day waiting period between service of process and issuance of the decree of dissolution. If you filed the documents after 91 days, the court will typically review the documents, sign and mail the decree of dissolution in about a week. If you filed everything before the 91-day period, the court will wait until the 91 days have passed, then sign and mail the decree.

Final Steps - Children

If you have minor children, the law requires the Court to conduct a brief hearing unless both spouses have counsel. This means you cannot submit the signed paperwork and wait for the judge to mail the decree, but must set the matter for a hearing.

In the 4th Judicial District, one spouse will need to complete the FCF 1015 Notice To Set for Uncontested Final Orders Hearing (Pro Se) (PDF). For the caption, use the lettered (magistrate) division assigned to your case when you filed the initial documents. File the Notice with the Court and mail a copy to your spouse. The court will then contact the parties with the date of the uncontested hearing.

For other judicial districts, check with the Court for the procedure. All districts will require a hearing to be set, but the process will vary. Some districts may require a hearing to be set using the standard statewide form, JDF 1123 - Notice to Set Hearing (Word | PDF), require the spouses to call the court to obtain a hearing date, then file a JDF 1124 - Notice of Hearing (Word | PDF).

Both spouses should attend the hearing, however if one spouse will be unavailable on that date, he/she can generally participate by telephone, using this procedure:

  1. Complete JDF 1309 - Motion for Absentee Testimony Pursuant to CRCP. 43.  (Word | PDF).  The reason for the testimony is that you will be in (place).  The description of the testimony will be the reasons why a dissolution is necessary, and testimony as to your agreements.
  2. Complete the caption only of JDF 1310 - Order for Absentee Testimony.  (Word | PDF). File the motion and proposed order with the court, mailing a copy to your spouse.
  3. Instead of appearing in person at the hearing, the absent spouse will follow the instructions contained in the order.

The hearing should take about 10-15 minutes, during which the magistrate will ask you and your spouse questions about the marriage, and about the agreements you have reached.  Providing that everything was filled out properly and submitted in advance, the court will grant the dissolution, and give you a copy of the decree of dissolution the same day. Here are a few suggestions for a smooth process:

  • Bring all of your paperwork with you, even if you’ve already filed it
  • Dress respectably. You don’t need to wear a suit, but no sweatpants, shorts, or raggy jeans
  • Don’t be late - instead, arrive at least 5 minutes early
  • No children! In El Paso County, Court Care will provide free child care in Room S-140 of the courthouse, but you need to call (719) 452-5499 in advance to reserve your slot

Be polite to the judge or magistrate.  For more guidance on courtroom etiquette, review this guide from the Colorado Judicial Branch: What You Need to Know About Representing Yourself in Court

Do You Need a Divorce Lawyer in Colorado Springs?

We hope this DIY Guide is useful, but if you have a more complicated case, the family law attorneys at Graham.Law have years of experience helping clients through the Colorado legal system. We know Colorado family laws, inside and out, from divorce to legal separation, from annulments to military divorce issues. For more information about our El Paso County family law firm, click on:

Colorado family law is all we do. Period.

Team Member: 
Carl O. Graham