Important Factors to Think About Before Divorce Proceedings

By the time a marriage reaches the point of divorce, both spouses have already agonized over the emotional aspects of ending their marriage. When divorce appears inevitable, it’s time to consider the more tangible impacts of separating one household into two and the process ahead. Under Colorado’s divorce laws, spouses must divide their marital assets and debts in a “fair and equitable” way, if not exactly 50/50. If they have children, they must also have a parenting plan. If both spouses cannot create a legal divorce agreement with mutually agreeable terms, a judge must decide these matters instead and sign the decisions into binding orders.

Divorce is never an easy process, but carefully considering some important factors before the divorce proceedings begin helps to facilitate a smoother process.

Is the Marriage Irretrievably Broken?

The only legal grounds for divorce in Colorado is a marriage that is irretrievably broken. Before you take the step to file for divorce, you should be absolutely certain that your marital problems are insurmountable. Trying couples counseling, marriage retreats, and therapy sessions to improve communication skills and overcome adversarial feelings can give some couples a new start. Of course, working on the marriage isn’t possible or even advisable under some circumstances, such as in cases of domestic violence.

Are Your Financial Documents In Order?

At the beginning stages of the divorce process in Colorado, both spouses must make full financial disclosures. It’s helpful to consider organizing your paperwork and creating a file to begin your financial disclosure. You’ll need documents such as the following:

• Pay stubs and tax documents for the past three years
• Bank account statements
• Retirement account statements
• Credit card statements
• Titles and deeds to real estate property and vehicles
• Mortgage statements
• Life insurance policies
• Investment account statements
• Business financial statements if you are a business owner
• Debt statements

Once the process is underway, your separation attorney in Fort Collins will advise you of any further documents needed for the disclosure process and may also request additional documents from your spouse.

Which Spouse Should File for Divorce?

Some divorcing spouses wonder if there are any advantages or disadvantages to being the spouse who files for divorce first. The person who files for divorce in Colorado becomes the petitioner and the other spouse is the respondent. Respondents must answer within 21 days of receiving the petition or within 35 days if they reside outside Colorado.

The only significant advantage to being the petitioner is that the person who files for divorce establishes jurisdiction, ensuring that the case goes to court where they prefer. The petitioner also gets to present their case in court first.

Is an Uncontested Divorce Possible In Your Case?

An uncontested divorce is one in which both spouses create an agreement on all required divorce terms, including child custody, the division of marital assets, and spousal support. Typically, spouses accomplish this through a series of meetings with their attorneys and one or more sessions with a professional mediator. After signing the agreement, the attorneys present it to the judge who signs it into binding divorce orders and finalizes the divorce without requiring a trial.

If spouses have one or more unresolved disputes, the case becomes a contested divorce and goes to court where both sides present their arguments to the judge and the judge rules on the disputed terms. Contested divorces take longer and become more costly due to extended attorney fees and court costs.

Have You Chosen an Attorney?

Before you file for divorce or respond to a spouse’s divorce petition, it’s best to have experienced representation by a Colorado divorce attorney. Although it’s possible to get divorced without an attorney, it’s never advisable, particularly if you have children and share marital assets. Divorce is a complex process even when both spouses mutually agree on most of their divorce terms. When there are disputes in the divorce, an experienced Fort Collins divorce attorney safeguards your rights and the best interests of you and your children throughout the process. 

Call The Law Office of Stephen Vertucci, LLC, today so we can take prompt action and represent your interests throughout your Colorado divorce.