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What is the best, low cost way to obtain a divorce when the spouse is in jail. We have 2 children together.

Aurora, CO |
Filed under: Divorce

I live in Aurora, Co Arapahoe County. We have been split up for over 5 years.

Attorney Answers 4


You can possibly do it by yourself. However, I do not recommend it, as it like performing surgery on yourself. There are numerous low pay/slow pay attorneys, like myself who could assist you on this matter. Otherwise, you can contact Metro Volunteer Lawyers Association or Legal Aid.

The information provided in this answer does not create an attorney-client relationship. If you are interested in his legal services, feel free to call Chris at (303) 409-7635 at his law office in the Denver Tech Center. All initial consultations are free of charge.

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In general, you obtain a divorce by filing a Petition for Dissolution with the court. You can print the form online (see link) or obtain the necessary forms from the clerk of court. There is an associated filing fee; however, you may file for relief from payment by filing a Motion to File Without Payment. You must income qualify. If you file alone, you will have to have your husband served or he must sign a waiver of service. If he signs the Petition with you, as Co-Petitioner, you do not need to take this step. Having him sign a wavier or as Co-Petitioner will reduce your costs.

The remainder of the process is generally no cost, including attending an Initial Status Conference, completing a Separation Agreement including a Parenting Plan, and completing a Child Support worksheet. See the forms online for the general steps and requirements. Arapahoe County does have a family law clinic that you can attend to get assistance at no charge. You should check with the clerk for the next available date and time.

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The process starts when you file a Petition for Dissolution in your home county (Arapahoe) assuming you have lived there at least 90 days. You then have to get him served. It can all move very quickly, but service of the Petitioner has to precede the date of the divorce by 90 days.

If you are looking for low cost assistance, you may start with the Colorado bar Association to se if they can give you the names of attorneys that will work at discounted rates.

I wish you luck!

In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.

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If your husband is willing to cooperate, you can do an "uncontested divorce" very inexpensively (under $500). For more info visit my web site or call me at 303 751-9462.

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