Under Colorado law, obtaining a Writ of Restitution to evict your ex from the home typically requires an official judgment for possession. Since the court has issued an Order for Permanent Relief setting a deadline for your ex to vacate the property, you likely have grounds to seek this judgment. While hiring an attorney might seem daunting financially, considering your past legal expenses, legal representation can streamline the process and might be more cost-effective compared to a contested divorce's costs.
You have a couple of options to pursue this judgment for possession. First, you can file a separate Forcible Entry and Detainer (FED) action in county court, which is often quicker and less expensive. This action directly leads to obtaining a judgment for possession, necessary for the Writ of Restitution.
Alternatively, you could request the divorce court to issue a judgment for possession due to the failure to vacate. However, this process can be more costly and time-consuming than the FED action in county court. The divorce court route involves presenting the issue as part of the ongoing divorce proceedings, which might lead to a more comprehensive legal process, potentially including hearings and additional filings.
Given the complexities and potential costs, it is advisable to consider legal representation, even on a limited basis, to navigate the eviction process efficiently. While the financial burden of legal fees is a significant concern, the right legal support can facilitate a faster resolution, possibly saving money and stress in the long run. I would recommend you reach out to a lawyer as soon as possible. If you would like to talk to our eviction partner Kayla Banzali about your options, please contact us at (303) 688-0944.