If you face the prospect of divorce, you may feel a range of emotions—everything from isolated to conflicted. Or, maybe even a little relieved or hopeful. At this stage, the divorce process can be overwhelming, and you likely have many questions about the legal aspects. Whatever you feel, we’re here to support you. And we want to let you know that you’re not alone.
Many of our potential clients want to know what the divorce process in Colorado looks like. While every divorce is unique, all follow these same basic steps:
- File a divorce petition
- Service of process
- Initial status conference
- Exchange financial information
- Additional investigation
- Mediation
- Final hearing
Some of these legal terms may be unfamiliar to you. Below, we explain each step in detail, so you know what to expect along the way.
1. File a Divorce Petition With the Court
The first step in the Colorado divorce process is to file a petition. This paperwork notifies the court that you intend to divorce. The divorce petition forms ask for basic information such as your and your spouse’s name and address(es), and information about any minor children.
- Before you can file for divorce in Colorado, you or your spouse must have lived in the state for at least 91 days.
- You file for divorce in the county where you or your spouse reside. While we can practice anywhere in Colorado, we mainly represent clients in Arapahoe County and Douglas County. This focus has allowed us to become familiar with the local judges and court system.
The spouse that files the divorce paperwork is called the petitioner, and the other spouse is called the respondent. Occasionally, the two spouses will file the divorce petition together. In those circumstances, the court labels one spouse the petitioner and the other spouse is the co-petitioner.
After the divorce petition is filed, you will receive important information from the court:
- Your case number and case management order
- The date of your first court appearance (initial status conference)
- A request to complete additional paperwork, such as a parenting plan or support order
We understand how daunting this all sounds. If you hire us to represent you, you won’t be doing these steps by yourself. We handle the legal aspects of your divorce. We’ll answer your questions, make sure you understand what is happening, and what steps come next.
2. Service of Process
If you filed for divorce on your own—not a joint petition with your spouse—your spouse must be notified in an official manner. A Sheriff or a private process server must give the paperwork to your spouse. This step is called service of process.
It’s mandatory for a disinterested third party to handle this step. Many of our clients are relieved to know they don’t have to be present during the service of process.
3. Initial Status Conference
About one month after you file a divorce petition, you’ll have your first court appearance, called an initial status conference.
We know that no one looks forward to any court appearance. Fortunately, this conference is informal. It’s a chance for both you and your spouse, along with your attorneys, to discuss the general nature of your divorce. During this conference, the Court will set various deadlines for your case and schedule any additional conferences or hearings. Your initial status conference is one more step towards your future.
4. Exchange Financial Information
The next step in the divorce process is the exchange of financial information. This happens approximately seven weeks after you file the divorce petition. Through your attorneys, you and your spouse will exchange information about your income, assets, and debts.
This is a mandatory step in the divorce process. Finances are a sensitive subject, especially if you earn less than your spouse or are currently a stay-at-home parent. During your divorce, we remain a level and steadfast voice for you. We know that emotions can take the best of anyone during a divorce. We view your situation objectively and from a legal standpoint, as you deserve a solid foundation on which to build your future.
5. Additional Investigation
Some divorces will require additional investigation. During this phase, we may take further steps to discover and evaluate your assets. This is also the time to address child custody disputes.
Each additional investigation looks different, but some common issues we address at this time include:
- If you suspect that your spouse is hiding assets, we may employ a professional investigator.
- If there is dispute over the value of land, property, antiques, jewelry or other valuables, we can hire an appraiser.
- We’ll help you pursue the best child custody arrangement for your family. If you have concerns about your spouse’s ability to parent, we can bring in experts to investigate and make recommendations.
We’re here to make this step go smoothly, even if your spouse chooses to behave uncooperatively or erratically. As your attorney, we work hard during this phase of the divorce process. We ensure that the truth is exposed to the courts, so you can secure an equitable division of assets and a satisfactory child custody arrangement.
6. Mediation
In Colorado, you must attend mediation for at least two hours. This meeting is meant to be a good faith attempt to resolve any lingering issues. But for some people, the thought of negotiating with their soon-to-be-ex spouse is unthinkable.
Remember, you will not be at this mediation alone. We’ll be right by your side. We do not have any emotional investment or history with your spouse. We are there solely to protect your and your child’s best interests.
In the majority of divorce cases, face-to-face mediation may not be appropriate or productive. If you are the victim of domestic violence or your spouse has untreated substance abuse, please let us know.
7. Final Hearing
If there are still unresolved issues, the court will schedule a final trial. If not already agreed upon, this is the time when spousal maintenance, child support, and child custody are finalized.
At the final hearing the court will hear testimony from you, your spouse, and any other necessary witnesses – including experts – about your assets, debts, incomes, education, other facts that the court needs to consider when determining how to divide the marital estate. Additionally, if there are minor children, the court will hear testimony about what is best for the children.
We do our very best to make sure you are prepared for this hearing and the lawyer will be with you all the way.
In most cases you will leave the courtroom divorced and with orders from the court on property and debt division, alimony, parenting issues, and child support.
Any concern you have is valid. We are here to address these issues as they arise. Our goal is to be a true ally in the divorce journey. Reach out to our team today.
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