No one goes into a marriage thinking their walk down the aisle will end in front of a judge in divorce court, but sometimes life’s path takes an unanticipated turn. For those facing a divorce in Colorado, many spouses who are new to the process wonder what a divorce decree looks like, what’s included in the decree, and why divorced spouses need copies of this important document to ensure that they remain in compliance with the terms of their divorce.
What is a Divorce Decree?
A divorce in Colorado includes legally enforceable terms for both spouses and their children. These terms include specifications for the following:
- A parenting-time schedule for child custody
- The division of the spouses’ marital assets
- Child support orders
- Spousal support orders (in some cases)
A divorce decree is a legal document signed by a judge and containing the court’s orders for all aspects of the divorce. In some divorces, the spouses agree on the terms before going to court either on their own, with the help of their Denver divorce attorneys, or through professional mediation.
When divorcing spouses agree to their own divorce terms in an uncontested divorce, a judge simply signs off on their settlement agreement unless it’s egregiously unfair to one spouse or the judge suspects one spouse was under duress when they signed the agreement. More often, divorcing spouses have one or more disputed terms and the case goes to trial for a judge to hear both sides and make decisions on contentious terms before signing the final divorce decree.
What’s on the Divorce Decree?
The divorce decree is a legal document containing the judge’s final orders based on either the spouses’ agreed-upon terms or the court’s decisions. Divorce decrees in Colorado look different in each unique divorce case. For example, divorcing spouses with no children and few marital assets may have a brief decree with few provisions while a high-asset divorce decree will include many pages of specific terms for the division of their assets. Some decrees also contain very specific terms for shared child custody schedules.
In other cases, the decree may specify an amount of spousal maintenance (alimony) paid temporarily or permanently from one spouse to the other. Many divorce decrees include a notice that the wife returns to her maiden name after the finalization of the divorce.
Besides the judge’s orders, a Colorado divorce decree also contains the following information:
- Each spouse’s identifying information
- Identifying information for minor children
- The court case number
- The name of the presiding judge
- The court address and phone number
- The marriage’s official end date
- The declaration of dissolution of marriage which states that the divorce is final
- Both spouse’s signatures and the signatures of their attorneys
Many divorce decrees include an official court seal. Most spouses receive both electronic and paper copies of the decree.
What Does the Divorce Decree Document Look Like In Colorado?
Divorce documents are typically printed on white paper and include an official seal or stamp from the court of jurisdiction. Because most spouses have no desire to display their divorce decree in a frame on a wall, they are not printed on attractive paper with ornate calligraphy, as are marriage certificates. However, the divorce decree may have a decorative border in addition to the court’s seal and the judge’s signature.
Most Colorado Courts use the standard divorce decree form JDF1019, which includes:
- A header with the name of the county where the divorce took place
- The court’s address
- The names of both spouses, listing which spouse is the petitioner and which is the respondent in the divorce
- Identifying information for all children of the marriage
- Jurisdiction statements to confirm that the court has legal authority to end the marriage, based on requirements, such as at least one spouse residing in the state for 91 days or more, and when the respondent was served divorce papers
- The Court’s legal findings, including check boxes indicating that the court found the marriage “irretrievably broken,” and that the court approved the spouses’ separation agreement or court order for child custody, child support, and asset distribution
- The final dissolution of the marriage decree
- A name-change request (in many cases)
Some language in a Colorado divorce decree is unique to Colorado. For instance, many states still use the term “child custody.” Colorado now refers to a child’s physical custody as “parenting time,” and legal custody refers to the parent’s legal right to make important decisions for the child regarding their medical needs, education, religion, and extracurricular activities.
When Do I Need a Paper Copy of a Colorado Divorce Decree?
It’s crucial to have a certified copy of your divorce papers. Divorced spouses need a copy of their divorce decree for many legal actions, including enforcement measures for the orders listed in the divorce, such as child custody, parenting time, child support, and alimony. The divorce certificate may be necessary for financial transactions when separating marital property and debts, when applying for credit, and when changing a last name. It’s also necessary to show a certified copy of the divorce decree before remarrying.
You can obtain a certified copy of your divorce decree by contacting the clerk of court in the jurisdiction where the divorce was finalized. Typically, this requires the divorce case number, the names of both spouses, and the date the divorce was finalized.
Following the Orders on the Divorce Decree in Colorado
Both spouses must abide by the terms of the final divorce decree or else the court may begin enforcement efforts. Continued refusal to follow the orders included in the decree may result in contempt of court charges. To make any changes to the decree, a spouse must request a modification of the specific order they wish to change, with the help of a family law attorney in Denver. In most cases, a judge will only agree to a modification if the spouse has a significant permanent change in circumstances to warrant the change.
Spouses can request paper copies of their divorce decree to have on hand to refer to when any questions arise regarding the terms of their divorce, or as proof of their divorce.
What Is an Apostille, and Do I Need This On My Colorado Divorce Decree?
An apostille is a certificate of authentication required for legal documents, only when the document is being used in a foreign country under the Hague Apostille Convention. The Secretary of State provides this additional authentication to verify the court’s seal and signature, and verifies the notary’s authority, so the document is recognized as official in other countries.
An apostille begins with a certified copy of the divorce decree. The Secretary of State will not authenticate a photocopy. An apostilled document, including a divorce decree, includes the Secretary of State’s Seal.