Elbert County Dissolution Of Marriage

Elbert County processes dissolution of marriage cases through the 18th Judicial District Combined Court in Kiowa. All divorce filings and records are kept at this courthouse. To file for divorce in Elbert County, one spouse must live in Colorado for at least 91 days before filing. This requirement comes from C.R.S. § 14-10-106. After you file your petition, the court must wait another 91 days before it can issue a final decree. This time allows both spouses to work out issues like property division, child custody, and spousal support.

Court Details

County Seat: Kiowa

Judicial District: 18th

Population: ~27,000

How to File

The filing fee for a dissolution of marriage petition in Elbert County is $260. This fee is set by state law under C.R.S. § 13-32-101 and applies to all Colorado counties. You can find the forms you need at https://www.coloradojudicial.gov/self-help/divorce-and-separation. That website has instructions and all the forms for people who are filing without a lawyer.

Colorado uses no-fault divorce. You only need to say that your marriage is irretrievably broken. You do not have to prove that your spouse did anything wrong. When you file your petition, automatic injunctions take effect under C.R.S. § 14-10-107. These orders stop both spouses from hiding money, selling property, or moving children out of state while the case is pending.

Self-help forms for Elbert County dissolution of marriage

The Colorado Judicial Branch self-help page provides all the forms and instructions you need to file for dissolution of marriage in Elbert County.

Getting Records

Dissolution of marriage records in Elbert County are public, but some information may be restricted. The final decree is usually available to anyone. Files that contain child custody plans or detailed financial information may have limited access. To request records, use the online form at https://www.coloradojudicial.gov/recorddocument-request-form. Most requests are processed within three business days.

You can also visit the clerk's office in Kiowa to request records in person. Bring your case number if you know it. That will speed up the search. If you are a party to the case, bring a photo ID. The clerk will tell you what documents are available and what they cost. Regular copies are $0.25 per page. Parties to the case pay no more than $15 total for copies, no matter how many pages. Certified copies cost $20 per document.

Online records request form for Elbert County

Use the online records request form to get Elbert County dissolution of marriage documents without visiting the courthouse.

Court Location

The 18th Judicial District court for Elbert County is located in Kiowa. For address, phone number, and office hours, visit https://www.coloradojudicial.gov/courts/trial-courts/elbert-county. That page has current contact information. You can also call the state court administrator's office at 720-625-5000 with general questions about court procedures.

Property and Support

Colorado courts divide marital property in a fair way under C.R.S. § 14-10-113. Fair does not always mean equal. The court looks at factors like what each spouse contributed to the marriage, the value of the property, and each person's financial situation after divorce. Property that one spouse owned before marriage usually stays with that person. Property bought during the marriage is marital property and gets divided.

Spousal maintenance may be ordered if one spouse needs financial support after the divorce. The amount and duration follow guidelines in C.R.S. § 14-10-114. These guidelines look at the length of the marriage and the income of both spouses. The court can adjust these amounts based on the specific facts of each case. Maintenance is not automatic. The person asking for it must show a need for support.

Court Costs

Filing a petition costs $260. Filing a response costs $146. If you need to modify a final decree after 60 days, the motion fee is $105. Copies cost $0.25 per page for regular copies and $20 for certified copies. If you cannot afford the filing fee, you can ask the court for a waiver. Forms for fee waivers are available at the clerk's office or online.

Fee schedule for Elbert County dissolution of marriage

The complete fee schedule lists all court costs for dissolution of marriage cases in Colorado, including Elbert County.

Legal Help

You do not need a lawyer to file for dissolution of marriage. Many people represent themselves. The Colorado Judicial Branch has resources to help at https://www.coloradojudicial.gov/self-help/divorce-and-separation. If both spouses agree on all issues, you may qualify for a decree without a hearing. This means you file an affidavit and the judge signs your decree without you coming to court.

Nearby Counties

Elbert County is in the 18th Judicial District with Arapahoe, Douglas, and Lincoln counties. Each county clerk keeps its own dissolution of marriage files. Links to nearby county pages: