Can You Get a Divorce Without an Attorney?

Divorce isn’t just the parting of spouses who go their separate ways, it’s also a complex legal process with necessary requirements to fulfill, including the fair and equitable division of marital assets under Colorado’s divorce law, a child custody agreement with parenting time for both spouses, child support under the state’s guidelines, and spousal support when appropriate for the circumstances of the marriage. Typically, both spouses hire legal representation and move forward with two experienced divorce attorneys in Fort Collins to apply Colorado’s divorce law to the unique circumstances of their divorce case. 

Sometimes, divorcing spouses wish to avoid the expense of attorneys and/or the distress of a divorce trial. But, can you really get divorced in Colorado without an attorney?

What Is the Process for Filing For Divorce Without a Lawyer?

Colorado’s divorce law requires both spouses to meet the required terms. Taking on the divorce process without legal representation is risky but possible. Typically, both spouses agree ahead of time to navigate their divorce without attorneys. The process of a do-it-yourself divorce is as follows:

• One spouse files the divorce petition, becoming the petitioner while the other spouse is the respondent. Alternatively, they may file together as co-petitioners. This requires the petitioner to carefully fill out the necessary legal paperwork, including a divorce petition and a case information sheet
• The petitioner must hire a process server to serve the divorce papers to the respondent
• The spouses take the completed paperwork to the court of their jurisdiction and pay the filing fee of $230—the court may waive the fee in cases of financial hardship
• Both spouses must review the case management information sheet provided by the court after filing, this contains important information such as appointment dates and important deadlines
• Fill out critical documents such as complete financial disclosures, a certificate of compliance, and a separation agreement
• Develop a shared parenting plan that upholds the best interests of the child with continued close contact with both parents 
• Request a child support order 
• Enter pre-trial statements by the petitioner and respondent

Both spouses must attend the initial status conference within 42 days of filing the divorce petition. If both spouses agree on all terms of the divorce agreement and don’t have children, they may not have to appear before a judge. In most circumstances, a judge will require a hearing for divorcing parents with children to ensure that their child custody agreement is in the best interests of the children. After a judge reviews the divorce agreement or presides over a hearing, they issue the final dissolution of marriage and sign the terms into binding divorce orders.

What Can Go Wrong During a Divorce Without an Attorney?

When divorcing spouses attempt to navigate their divorce without an attorney they may experience unnecessary delays, paperwork problems, inaccuracies in their financial disclosures, the concealment of assets, inaccurate calculation of child support, missed opportunity for spousal support orders, or the respondent may fail to address unfair divorce terms in the settlement agreement.

According to one study, 62% of family court judges found that outcomes were less favorable for divorcing spouses who failed to hire attorneys.

What are the Benefits of Hiring an Experienced Divorce Lawyer?

Even if you think you can navigate the divorce process without experienced legal counsel, it’s important to understand the benefits of hiring an attorney to represent your best interests.

An experienced divorce lawyer does the following:

• Ensures that your divorce petition or response represents your best interests and meets all legal requirements
• Assists in your full financial disclosure to ensure that it’s accurate and complete
• Examines your spouse’s financial affidavit and requests additional documents as needed
• Oversees negotiations for all divorce terms including the fair division of your marital assets, child custody, and spousal support
• Recommends professional mediation as needed to achieve an equitable divorce settlement agreement
• Reduces the possibility of financial losses
• Ensures that you have a fair child custody agreement

An attorney has years of experience in Colorado divorce law and pays meticulous attention to every detail of your case, represents your best interests, and safeguards your rights throughout the Colorado divorce process.

A divorce lawyer is more than just a legal advocate, they also provide reassurance and emotional support as they work through the divorce process with your best interests as their top priority.

When Is It Time to Hire a Colorado Divorce Lawyer?

Even in the best-case scenario of an uncontested or amicable divorce, it’s easy to overlook a critical detail and experience unnecessary delays or a less-than-ideal settlement agreement. Unless you and your spouse have no children and very few assets, it’s always beneficial to hire a divorce lawyer right from the beginning, before you file the divorce petition or respond to a spouse’s petition. It’s critical to hire an experienced divorce lawyer in any of the following circumstances:

• If you and your spouse have a dispute over your child custody (parenting time) agreement or if you believe your spouse is a danger to the children
• If you have substantial marital assets or property that you wish to retain for sentimental or inheritance purposes
• If you feel that spousal support orders are appropriate for your circumstances or your spouse is seeking spousal support
• If you have diverse assets or own one or more businesses
• If you suspect your spouse is hiding assets

When there are adversarial feelings involved in your divorce, it’s more likely that your spouse may be less than upfront about their assets, try to “punish” you by withholding full disclosure, or attempt to unfairly limit your access to your children.

Hiring a Divorce Attorney for Your Case

A divorce is emotionally draining. It doesn’t have to be financially draining as well. While the state demands a fair division of your marital assets, without experienced legal representation, you may come out with less than your fair share. Receiving your fair and equitable share of the assets helps to offset the additional expense of hiring an experienced Fort Collins family lawyer. It’s possible to get a divorce in Colorado without an attorney, but it isn’t advisable.