The Three Stages of Divorce and Legal Separation In Colorado

Divorce feels like an overwhelming process, both emotionally and legally. If you’ve reached the decision to divorce or legally separate, you’ve probably already been through a trying time, and now you’re facing more distress ahead with the complex legal process of dividing one household into two. Instead of feeling bewildered by the legal process, it helps to break down the Colorado divorce procedure into three manageable stages.

The Initial Paperwork in a Colorado Divorce or Legal Separation

Both divorce and legal separation in Colorado follow nearly identical procedures but with a different outcome. Divorce results in a complete legal dissolution of the marriage with both parties free to remarry. A legal separation settles all divorce terms just as in a divorce but the spouses remain legally married while living apart. The first stage of this legal process is hiring an attorney and filing the petition. The person who files for divorce or separation becomes the petitioner in the process and the other spouse is the respondent. Less commonly, both spouses may file together as co-petitioners.

Filing the divorce (or legal separation) petition 

Filing a petition for divorce in Colorado requires meticulous attention to details such as the date and place where the marriage took place, the names and birthdates of both parties and their children, and evidence that at least one spouse has been a Colorado resident for 91 or more days. Because Colorado is a no-fault divorce state, the petitioner may only file for divorce on the grounds that the marriage is irretrievably broken.

Filing the divorce or legal separation petition includes issuing a summons, or serving the other spouse with the divorce papers. After receiving the petition, the respondent has 21 days to file a response, or 35 days if they reside outside of Colorado.

Full Financial Disclosures

Once the petition for divorce and the response are filed, the court establishes jurisdiction over the divorce or legal separation. The next step of the initial paperwork stage of the divorce is filling out and submitting full financial disclosures. Each spouse must diligently list all of their assets, property, income, and debts. These disclosures are mandatory under Colorado Rule 16.2., stating the following:

“Each party shall, without a formal discovery request, provide the Mandatory Disclosures… and shall provide a completed Sworn Financial Statement and (if applicable) Supporting Schedules … to the other party within 42 days after service of a petition or a post-decree motion involving financial issues. The parties shall exchange the required Mandatory Disclosures, the Sworn Financial Statement, and (if applicable) Supporting Schedules by the time of the initial status conference to the extent reasonably possible.”

During the financial disclosures, attorneys for both parties may request documents from the other and each spouse must produce all documents requested.

This first stage of the divorce process in Colorado ends with an initial status conference (ISC). At the hearing, both spouses and their attorneys meet to inform the court of the impending process so the court can assess the status of the filing process before moving forward with a hearing date.

Negotiating a Settlement Agreement or Choosing a Contested Divorce

After the initial status conference, the spouses enter a negotiation period. Typically, this requires scheduling meetings with both attorneys and a professional mediator to negotiate all the terms of divorce or legal separation required under Colorado law. In the best-case scenario, divorcing or separating spouses can reach mutually agreed-upon solutions for the following aspects of their divorce:

• Child custody: Colorado courts prioritize a child’s best interests in custody decisions with the presumption that continued close contact with both spouses is what’s in a child’s best interests. The state has many workable schedules for shared parenting time. If one parent feels that custody with the other parent puts a child in imminent danger, a judge will consider evidence presented in court. Colorado courts typically only restrict a parent’s access to their child in cases of domestic violence, abuse, neglect, chronic addiction, or criminality.
• Child support: Colorado follows the Incomes Shares Model to determine child support payments after a divorce or legal separation.
• Division of marital assets: divorcing spouses in Colorado must divide their marital assets in a way that’s “fair and equitable,” including all bank accounts, investment accounts, retirement accounts, real estate property, vehicles, valuables, and household goods. They may retain any property or assets that belonged to them before the marriage or those they inherited or received as gifts.
• Spousal support (alimony): spousal support isn’t awarded in all divorces or separations, but a judge considers the individual circumstances, such as when one spouse has the care of very young children, put aside their career to care for a home and children, put a career on hold to support the other spouse’s career advancement, has a medical condition, or has aged out of the workforce. Spousal support is almost always for a pre-determined length of time until the lower-earning spouse becomes self-sufficient.

With the help of attorneys and a professional mediator, many divorcing or separating spouses reach mutually agreed-upon terms for all of the above aspects of divorce. When this is the case, the divorce becomes an uncontested divorce. The attorneys present the settlement agreement to the court to bind into divorce orders or a legal separation agreement. When spouses cannot agree on one or more of the above terms, the case becomes a contested divorce.

The Final Hearing in a Colorado Divorce or Legal Separation

Once the final hearing date arrives in an uncontested Colorado divorce or legal separation, the judge typically signs the spouse’s divorce agreement into final orders on the divorce decree and both spouses sign the final papers finalizing the divorce.

If the spouses have one or disputes on their divorce terms, the case goes to trial where both sides present their arguments and testimony to the judge. After carefully considering the evidence, a judge makes the final decisions and signs them into binding orders, finalizing the divorce.

If the spouses are seeking legal separation, the final hearing sets all terms for child custody, child support, asset division, and spousal maintenance, but the spouses remain legally married. If they later choose to divorce, the structure is already in place to finalize the divorce, or they may dissolve the agreement if they choose to reconcile.

How Can a Colorado Divorce Lawyer Help?

A Colorado divorce or separation is a complex process requiring close attention to detail and timelines. An experienced divorce attorney in Fort Collins safeguards their client’s best interests throughout this process. Call The Law Office of Stephen Vertucci, LLC today so we can take action on your behalf in your Colorado divorce or legal separation.