Few people anticipate their marriage ending in divorce court, but sometimes life takes spouses in new directions and parting ways becomes necessary for the happiness of both parties. Once you and your spouse have come to terms with the fact that divorce is inevitable, it’s time to begin preparing for that inevitable process. Knowing how to organize before a divorce increases the chances of a low-conflict process and reduces the likelihood of a court battle. Contact our Fort Collins divorce lawyers at The Law Offices of Stephen Vertucci for help.
Like all states, Colorado has a residency requirement for the court to have jurisdiction over a divorce. At least one of the divorcing spouses must have been a resident of the state for 91 days or more before filing for divorce. Children must have lived in Colorado for at least six months—or since birth in the case of infants—in order for the court to have jurisdiction in child custody cases. In Colorado, the courts do not favor mothers or fathers for custody, but instead make all child custody decisions in the child’s best interest, beginning with the presumption that continued close contact with both parents is best for the child.
In a typical Colorado divorce process, one spouse files for the divorce, becoming the petitioner. The other spouse is the respondent and must respond to the petition within 21 days after the papers have been served to them. Alternatively, both spouses may file together as co-petitioners in the divorce.
Although there is no real advantage to being the petitioner, the spouse who files for divorce does have a few benefits. The petitioner establishes jurisdiction, so if a spouse has moved out of state, they must return to the court of jurisdiction during the process. The petitioner also presents their arguments first in court during a contested divorce.
If you and your spouse have children, it’s critical to protect them from the worst aspects of the divorce by refraining from arguing or maligning the other parent in front of them. Instead, focus on reassuring children that you will remain a family even though you will live in separate homes. Children should feel safe and secure with each parent and expect to have continued close contact with both parents.
Unless your spouse is a danger to the children, it’s critical to discuss sharing custody as fairly as possible and to develop a parenting plan to present to the court.
There is a 91-day waiting period after filing for divorce before the court can finalize the dissolution of the marriage. During the following 91-day waiting period, spouses and their attorneys engage in a discovery process to exchange full financial disclosures and request financial documents. To prepare for this process, do the following:
Having account information and income documentation organized and ready to submit helps to streamline the Colorado divorce process.
Before filing for divorce, it’s helpful to open new bank accounts separate from your joint accounts. When opening new checking and savings accounts before a divorce, begin with the minimum required deposit instead of moving a large amount from your joint accounts, which could later be construed as hiding joint assets. The state requires sharing all marital assets evenly with your spouse.
Besides new bank accounts in only your name, it’s advantageous to apply for a new credit card in your name alone. This is an important first step in establishing credit separate from the marital pool.
Both spouses should have experienced legal representation throughout the divorce process, beginning with filing the petition or the response to a spouse’s petition. Hiring a Fort Collins family lawyer to represent your best interests is arguably the most important aspect of preparing for divorce.
You and your spouse will work together with your attorneys and a mediator to form a settlement agreement on all aspects of your divorce, including the distribution of your marital assets, child custody, child support, and spousal support (alimony). It’s important to choose a skilled attorney with a history of satisfied clients.
Before filing for divorce, it’s beneficial to change the password on your email account, change your cell phone passcode, and change passwords on your social media accounts so you can maintain privacy and confidentiality during the divorce process. You may also wish to close all joint subscriptions, such as to streaming services, and establish new accounts solely in your name.
If things are heated and emotionally charged during the separation and divorce process, it may be difficult to discuss the divorce with your spouse. Additionally, if you are the victim of threats or domestic abuse, it’s wise to speak to your attorney about protective orders and avoid direct communication with the spouse. However, if you and your spouse can communicate safely and effectively, it’s helpful to discuss how you wish for the divorce to proceed—either as an uncontested or contested divorce.
In an uncontested divorce, both spouses create a settlement agreement with their attorneys and a mediator, covering all aspects of their divorce, including:
If you and your spouse cannot reach an agreement on the above, then the divorce becomes a contested divorce, requiring you to present your arguments in court for a judge to decide. A contested divorce is a longer, more expensive, and more adversarial process.
Divorce is an emotionally draining and divisive process, often causing one spouse to lose friendships with those closer to the other spouse as well as their alliance with the other spouse’s family members. Before beginning the Colorado divorce process, be sure to include your family and closest friends in your divorce decision and build a sound emotional support system to help you through the process and going forward after the divorce into your single life.
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