Fremont County Dissolution Records

Fremont County dissolution of marriage cases are handled by the 11th Judicial District Combined Court in Canon City. All family law filings for the county go through this court. The clerk's office keeps records for each dissolution case filed here. Whether you're starting a new case or searching for an existing one, this is the office to contact. Colorado requires at least one spouse to live in the state for 91 days before filing. This residency rule is set out in C.R.S. § 14-10-106. After filing, the court cannot finalize the case until another 91 days have passed. These two periods give both spouses time to work through property, custody, and support matters.

Filing A Dissolution Case

To file for dissolution of marriage in Fremont County, go to the courthouse in Canon City. The filing fee is $260, as required by C.R.S. § 13-32-101. This fee is the same in every Colorado county. You need form JDF 1011, the Petition for Dissolution of Marriage. Download it free from https://www.coloradojudicial.gov/self-help/divorce-and-separation. Fill it out with care and file it at the clerk's office.

When you file, the clerk gives you a case number. Keep this number safe. You will need it for all future documents and when you request records. After filing, you must serve the petition on your spouse. You cannot serve it yourself. Use a process server, the sheriff, or ask the clerk to mail it. Service proves the other party has been notified.

Colorado is a no-fault state. You do not need to prove your spouse did anything wrong. Simply say the marriage is irretrievably broken. That's the only ground for dissolution. When you file, automatic injunctions go into effect under C.R.S. § 14-10-107. These orders stop both spouses from selling property, hiding assets, or taking children out of Colorado without court approval.

The Colorado self-help page offers free forms and instructions for dissolution cases. These resources are helpful if you're representing yourself.

How Property Gets Divided

Dividing property is a key part of any dissolution case. Colorado requires fair division, but not necessarily equal division. The court applies C.R.S. § 14-10-113 when deciding who gets what. Judges look at the length of the marriage, each spouse's contribution, financial circumstances, and the total value of property and debts.

Marital property includes anything acquired during the marriage. Wages, homes, cars, and bank accounts are all marital property. Separate property is what you owned before marriage or received as a gift or inheritance. Separate property typically stays with the person who brought it into the marriage. But if separate and marital property mix, the separate property can lose its status. This is called commingling. For example, if you put money from an inheritance into a joint account, it may become marital property.

Real estate, vehicles, retirement plans, and businesses all get divided. Retirement benefits earned during the marriage are marital property. The court can divide them using a qualified domestic relations order. For Colorado PERA plans, the required form is JDF 1202. Debts also get divided. Credit cards, mortgages, and loans taken during marriage are shared obligations. The court tries to split assets and debts so both people come out in a similar financial position.

Spousal Maintenance Rules

Spousal maintenance, also called alimony, may be awarded in your case. Colorado follows advisory guidelines in C.R.S. § 14-10-114. These guidelines apply to cases filed after January 1, 2014. They offer a formula based on combined income and how long the marriage lasted. The court can follow the formula or adjust it based on the facts of your case.

Maintenance is not automatic. The person asking for it must show financial need. The other person must be able to pay. Judges consider age, health, earning ability, and the standard of living during the marriage. Short marriages rarely result in long-term maintenance. Longer marriages often lead to longer support terms. Maintenance can be temporary or permanent. Temporary maintenance lasts during the case and ends when the decree is signed. Permanent maintenance continues after the decree, usually for a set period of time.

If circumstances change, either party can ask the court to modify maintenance. Job loss, serious illness, or remarriage can trigger a modification. The party seeking the change must file a motion and show the court what has changed.

Accessing Court Records

Dissolution of marriage records in Fremont County are public, with some exceptions. The final decree is usually available to anyone. Files with child custody details, parenting plans, or financial data may be restricted. Chief Justice Directive 05-01 governs access to court records in Colorado.

To request records, use the online form at https://www.coloradojudicial.gov/recorddocument-request-form. Enter the case number and names of both parties. The court typically responds within three business days. If you don't have a case number, the clerk can search by name for a $5 fee.

You can also visit the clerk's office in Canon City to view files in person. If you are a party to the case, bring a government-issued photo ID. The clerk will retrieve the file for you. Viewing files at the courthouse is usually free. Copies cost $0.25 per page. Parties to the case pay a maximum of $15 regardless of the number of pages. Non-parties pay the per-page rate with no limit. Certified copies are $20 per document. Certified copies are needed for official purposes like Social Security or remarriage.

Use the online records request form to get dissolution documents without going to Canon City. Submit your request and wait for the court to respond.

Fee Waivers Available

If you can't afford the $260 filing fee, you may qualify for a waiver. Colorado allows fee waivers for low-income filers under C.R.S. § 13-32-104. To request a waiver, file a Motion to File Without Payment. Include proof of income such as pay stubs, benefit letters, or tax returns. The court reviews your finances and decides whether to approve the waiver.

A fee waiver covers the filing fee and may cover service and copy fees. It does not pay for an attorney if you choose to hire one. If your waiver is approved, you can proceed with your case without upfront payment. This helps people who need legal relief but lack the funds.

Self-Help Resources

Many Fremont County residents handle dissolution cases without attorneys. Colorado offers free self-help materials. The self-help section provides step-by-step instructions. It explains how to complete forms, file them, and serve them on the other party. The instructions use plain language.

Forms include the petition, response, separation agreement, and parenting plan. If you and your spouse agree on everything and have no children, you can use a simplified procedure. Form JDF 1018, Affidavit for Decree Without Appearance, allows the judge to sign your decree without a hearing. This saves time and eliminates the need for a court appearance.

If you need help with forms, contact the clerk's office. Clerks can answer procedural questions but cannot give legal advice. For legal guidance, contact Colorado Legal Services or a local legal aid office. Some areas offer family law facilitators who help with forms for free or at low cost.

The complete fee schedule shows all court costs for family law cases. Review it to understand what you'll pay.

Name Restoration

If you changed your last name when you married, you can restore your former name in the dissolution decree. Include a name change request in your petition or response using form JDF 1011 or JDF 1015. The judge will add the name change to your final decree. If you decide later to restore your name, file form JDF 1824, Motion for Name Restoration. There is no fee if you file within 60 days of the decree. After that, standard filing fees apply.

Once the court approves the name change, use certified copies of the decree to update your Social Security card, driver's license, bank accounts, and other records. Get several certified copies from the clerk's office for this purpose.

Court Contact Information

The 11th Judicial District court for Fremont County is in Canon City. For the address, phone number, and hours, visit https://www.coloradojudicial.gov/courts/trial-courts/fremont-county. The court is typically open Monday through Friday during business hours. Some services close for lunch. Call before you visit to confirm hours.

For general questions about Colorado courts, call the state court administrator's office at 720-625-5000. You can also email public.access@judicial.state.co.us. For case-specific questions, contact the Fremont County clerk directly.

Third-Party Databases

In addition to official court records, you can use commercial databases. CoCourts.com is a third-party site approved by the Colorado Judicial Branch. It provides the Register of Actions for civil, domestic, and criminal cases. The Register lists filings, hearings, and case outcomes. It does not include full documents. For documents, you must request them from the court.

CoCourts.com charges a fee for searches. It covers Fremont County and most other Colorado counties. The data is updated in real time. Remember that online databases can have errors or missing data. For official records, always verify with the court.

Nearby Counties

Fremont County is part of the 11th Judicial District with Chaffee, Custer, and Park counties. Each county has its own clerk's office and files. If you need records from another county, contact that county's clerk. Links to nearby counties:

• Chaffee County
• Pueblo County
• Custer County