What to Know About Filing for Divorce in Colorado

How Do I Start My Divorce

Divorce is a long and difficult process, and it can even be hard to know where to start. Whether you’re still deciding to proceed or you’ve already made up your mind, getting organized early on can help reduce stress and confusion later. Emotions can run high, and the legal steps may feel overwhelming at first. But with the right preparation and support, the process can become more manageable. This blog post will give you a general idea of what documents to gather, how to begin the process, and what to expect during those first important steps.

Step One: Contact an Attorney

First thing’s first, we always recommend calling a lawyer. Not only us, but the American Bar Association suggests that “you should talk with a lawyer about major life events or changes, which might include a divorce.” We know that seems obvious coming from a law firm, but we’re not alone in thinking so! Just read what one of our reviewers has to say:

“I started my divorce by myself…huge mistake.”

Working with an attorney ensures that your rights are protected from the very beginning. Divorce can quickly become complicated – especially if children, shared property, or business interests are involved. Legal professionals help you navigate these challenges and avoid costly missteps. If you’re filing for divorce in Colorado, it’s especially important to understand the state-specific laws and timelines, as they can differ significantly from other states.

When you reach out to our firm, our Client Relations Specialists will match you with the attorney that is right for your situation and personality for your initial consultation. Your consultation will allow you to meet with your attorney, ask them any questions you might have, and discuss pricing so you can plan accordingly. You can learn more about our attorneys and their experience here.

Step Two: Try to Reach Agreement Early If Possible

Aside from hiring an attorney, there are a few things that you can do that will help to streamline the process. One of the best things you can do is try and have an open conversation about what you both want. Your divorce will be the simplest if you and your ex can both come to an agreement on what each of you wants and needs out of the process, including:

  • Division of property
  • Custody and parenting time
  • Child and or spousal support
  • Who will remain in the marital home

We understand that not every couple is on speaking terms, and some situations may not allow for a civil conversation. But if communication is possible, even partial agreements can significantly reduce the time and cost involved when filing for divorce in Colorado – making the process less stressful and more predictable for everyone involved.

Step Three: Gather Essential Documents

If you cannot come to an agreement, the best course of action is to start compiling the necessary paperwork. Your attorney will need documentation to accurately assess your financial picture and help you move forward with negotiations or litigation. This paperwork can include:

  • Credit card statements
  • Childcare bills
  • Utility bills
  • Loan documentation
  • Medical bills or statements
  • Income and tax statements
  • Retirement accounts and statements
  • Investment account information
  • Vehicle information
  • Appraisals for major assets

It is important to note that these documents will be needed whether you can come to an agreement with the other party or not. Don’t stress if you don’t have every piece right away – but the more information you can gather early, the better prepared your attorney will be to advocate for you. When filing for divorce in Colorado, courts require both parties to make full financial disclosures. Having these documents ready ahead of time helps your case move faster and reduces stress throughout the process.

Step Four: Document Communication in Writing

In addition to the paperwork, it is important to start documenting your communication with the other party. The best way to do this is by only communicating in writing – text, emails, etc. This is especially important if there are children involved, as this documentation will be important in court proceedings, especially if you consider the other parent to be unfit or a danger to your child or children. Even in amicable situations, written communication avoids confusion and provides a clear record of what was said and agreed upon. Clear, consistent documentation can help protect your interests and provide valuable evidence should any disputes arise later in the process.

If you’re filing for divorce in Colorado, having well-documented interactions can also strengthen your case in areas like parenting time and decision-making responsibilities.

Step Five: Take Care of Yourself Emotionally

While the legal and logistical aspects are important, don’t forget that divorce takes an emotional toll. You may experience grief, anger, confusion, or anxiety—often all at once. Seeking support through a therapist, counselor, or support group can help you manage the emotional side of things while staying focused on practical steps. If you have children, this emotional support can also help you be more present and available for them as they navigate the changes in their lives.

Many people going through the process of filing for divorce in Colorado find emotional support especially valuable, as the legal system, court deadlines, and negotiations can often feel overwhelming. It is important to seek support from family, friends, and even a therapist to help you get through this difficult time and focus on growing for your future.

Step Six: Consider Your Future Needs

As you prepare for divorce, it’s also helpful to think beyond the paperwork and toward your long-term future. Ask yourself questions like:

  • Will I need to move?
  • Do I want to keep the house, or sell it?
  • Will I be financially independent, or will I need support?
  • How will parenting time be shared, and how flexible can I be?
  • What does my ideal outcome look like?

Knowing what you want helps your attorney advocate more effectively on your behalf. It also empowers you to make informed decisions during negotiations, rather than reacting out of fear or emotion. Understanding your goals early is especially important when filing for divorce in Colorado, as the legal process can move quickly once deadlines are set. Divorce Matters® partners with several industry professionals to help you with any of these questions you may have. Learn more about them here.

Step Seven: Contact Divorce Matters®

Divorce isn’t easy, but starting with a solid foundation can make the journey less overwhelming. With the right legal team and the right preparation, you can move forward with clarity, confidence, and control.

At Divorce Matters®, we know how emotionally and financially stressful this process can be—and we’re here to make it as smooth as possible. Our team of experienced family law attorneys understands the unique challenges of filing for divorce in Colorado, and we provide the compassionate, knowledgeable support you need to make empowered decisions every step of the way.

With offices across Colorado—including Denver, Boulder, Colorado Springs, Castle Rock, Centennial, and Fort Collins—we’re proud to serve individuals and families throughout the state. Whether your case involves custody, property division, alimony, or complex financial assets, we have the experience and local insight to guide you through.

If you’re ready to take the first step in filing for divorce in Colorado, we’re here to help. Contact us today to schedule your consultation. We’re here to protect what matters most—your future.

Can My Citizenship Status Affect My Divorce?

Divorce can be a difficult process on its own, but when you have citizenship concerns it can become even more daunting. However, if you arm yourself with knowledge about your situation you can properly prepare yourself for what to expect.

Is there any difference in the divorce proceedings or parental rights hearings if I am not a U.S. citizen or if I have recently become a U.S. citizen?

The short answer is no! The proceedings should continue exactly as they would if there were no citizenship concerns. If you have recently become a citizen, there are no concerns as to the status of your citizenship, because your citizen status cannot be taken away due to your divorce.

Will divorce affect my green card status?

This question has a more complicated answer than the first! To understand how divorce might affect your citizenship status, you first have to understand how the citizenship process works. To become a citizen, you must have a green card. In order to get that green card, through marriage, immigration officials must confirm that your marriage is a “bona fide” marriage. This just means it cannot be a marriage for citizenship. After you get your green card, you have to retain it for a certain amount of time, usually 5 years, to gain your citizenship. However, this time shortens from 5 years to 3 years if you are married to a U.S. citizen. If you do file for divorce before the 3 years is up, you will not have your green card revoked, however you will have to wait the 5-year waiting period for citizenship, as opposed to the 3-year waiting period when you are married to a U.S. citizen. This also holds true if you have been married longer than 3 years, but less than 5 years, and have not yet filed for citizenship. If you have already had your green card for 5 years before you file for divorce, however, the divorce will have no bearing on when or if you can file for citizenship.

If the divorce is contentious and your ex-spouse claims that the marriage was not bona fide, the case can become a little bit more difficult. If you already have citizenship, this will not affect your citizenship. If you still have your green card, you will just have to prove that the marriage is or was bona fide, either by what immigration officials have already proven or by your own evidence, to continue in the citizenship process.

What if I am undocumented? Can I still get a divorce?

If you are undocumented, you can still get a divorce and proceedings will continue as they would for any other divorce case. It is important to note, though, that anything you say in divorce court can also be used against you in immigration court. Because of that, if you are undocumented, it is wise to retain an immigration attorney as well as a divorce attorney in the case that you do want to file for divorce. Being undocumented could also make parenting agreements difficult, especially if you are deported or leave the United States. Again, in this case it is important to retain an immigration attorney, as well as a divorce attorney, to protect your parental rights.

Is There Any Way To Shorten The Mandatory Waiting Period For Divorce?

To answer the question above question, we must first delve into what a mandatory waiting period is. In the state of Colorado, there is a mandatory waiting period of 91 days from the date of joint filing or service on the responding party before a divorce can legally be completed. This waiting period is common in a lot of states and is meant to give people time to consider their situation and whether they want to go through with the divorce. However, this waiting period can also feel frustrating, especially if you already spent a lot of time thinking about your situation before filing or if you feel in danger.

With that being said, there is no way to shorten or avoid this waiting period. It is mandatory for every couple getting divorced in the state of Colorado. However, there are a few things that you can do while waiting for the end of your 91-day waiting period. With the help of an attorney, you can ask the court to issue agreements or court orders during your waiting period. These orders can be helpful if you need specific things from the court. For example, it may be difficult to sell your home before the divorce has gone through, but a court order can help with that.  Additionally, it might be helpful to work on filing all the necessary paperwork during your mandatory waiting period and find common ground with your spouse. Completing both of these tasks will make your divorce process go smoother and quicker once you are able to start proceedings.

The easiest way to deal with the mandatory waiting period is to consult with an attorney to see what they can do for your individual situation. If you have a specific reason for wanting to skip the waiting period, it is important to speak with an attorney. They will be able to tell you what is possible in your particular situation, and if you can work within the waiting period to get what you need. To speak to an attorney today, you can call us at (720)542-6142 or contact us through our website.

Do I Need To Go To Court To Get A Divorce?

If you are considering divorce, you may feel daunted by the legal process. You may even begin to feel anxiety when you start to consider the cost and time court proceedings may require, and the loss of control over the outcome of your case when a judge is calling the shots. However, court is not inevitable, and it isn’t the only solution for divorce proceedings.  

Mediation is one of the options available to you if you want to avoid court and is usually ordered by most Colorado judges before parties will even be able to proceed to trial. Mediation is a process in which a neutral third party, called a mediator, is hired to resolve the case. This process will ensure that both parties have a say in the results and that the outcome is balanced and fair to all parties involved. Additionally, the process is more streamlined, less expensive, and more private than court proceedings would be. If you and your spouse and the mediator can come to an agreement, the agreement will be written into a Memoriam of Understanding, which is then signed by the court. After the Memoriam is signed, it will be incorporated into a more formal and detailed Separation Agreement.   

Arbitration is another possible option to avoid court. Arbitration, just like mediation, is a more private and efficient alternative to court. Both parties need to agree to arbitration before it begins, otherwise, arbitration cannot be ordered. A professional, called an arbiter, will be presented with all the facts and make a final decision in the case. Arbitration is more like court, with the arbiter acting as a sort of judge, however, the process is less public, less expensive, and less time-consuming. Arbitration also offers a more relaxed environment for each party to present their side of the story. After the arbiter has made a final decision, court is no longer an option, as the arbiter’s decision is valid and enforceable by the court.  

Court is more costly than either arbitration or mediation because it will require more of your attorney’s time. This can be especially true if proceedings are contentious and are dragged out. In addition to the cost, you lose the ability to make decisions in your own case. Once the case goes to court, the decision is in the judge’s hands, whether it be a divorce, a child custody issue, or a post-decree issue. Mediation and arbitration allow the involved parties to retain some control and negotiate with the other party. While it is ideal to have more control and keep the case outside of court, it is sometimes unavoidable if you and your spouse cannot come to an agreement. In this case, it is especially important to have a capable and competent attorney by your side to walk you through the court process and tenaciously represent your interests in court.  

In the end, it is possible to avoid court if you and your spouse can come to an agreement on your own or in mediation or arbitration. All three options are less costly, more efficient, and allow you more control over your own situation than if you take proceedings to court. To decide on the best option for you and your circumstances, it is recommended you hire a strong and capable attorney to advise you on your choices and the details of those choices. The right attorney will also help guide you through the entire process no matter what choice you make, whether that be inside or outside the courtroom.  

 

How Much Will A Divorce Cost Me?

Contrary to popular belief, divorce does not always have to be expensive. One of the biggest influencing factors in the cost of a divorce is the complexity of your specific case. These complexities come in a few different forms, and each essentially affects how much time needs to be spent on a particular case and therefore how expensive that case will be. Some of these things will be within your control, and others won’t – this is why it is important to reach out and schedule an initial consultation with an attorney. In your initial consultation, our attorneys can go over your specific set of circumstances with you, and they will be able to give you an idea of what your specific case might cost and how to manage those costs.

 

What will affect the cost of my divorce?

 

As mentioned, there are several main determining factors that will affect the total cost of your divorce. Some of these include:

  1. The amount of assets involved
  2. Whether or not you have children
  3. How contentious (think conflict) your case is

These factors all increase the complexity of your case and therefore increase the total cost.

How you can keep the cost down?

 

There are a few ways you can help keep the cost down in your case. The most popular way is to utilize our unbundled legal services, which involves having an attorney help with one specific aspect of your case, such as drafting and reviewing documents for you, offering coaching or legal advice, or communicating with other parties, opposing counsel, and the courts. However, this option is not always a good fit, especially if your case has any of the factors listed above that tend to increase costs. Another way to keep costs down is to work on coming to an amicable agreement with your ex through mediation or arbitration. This will save time and money on going to court and is often easier on your emotional well-being in the end as well.

 

Every case is different, so it important to speak with an attorney to get a better idea of how much your specific situation will cost and what your options might be. Contact Divorce Matters today to set up an initial consultation with one of our many experienced attorneys who can help put you and your family on the path to a successful future after divorce.

What Can I Expect From An Initial Consultation With a Divorce Attorney?

What is an Initial Consultation? 

An initial consultation is your first meeting with your attorney in order to go over your case and see if that attorney would be the right person to represent you. It is a time for you to bring up any questions you have for them, get to know each other’s personalities, and see what strategies you could use moving forward. One thing to note, the attorney cannot give any legal advice in an initial consultation because you are not yet under a legal contract. If you move forward with hiring an attorney, then the attorney will be able to provide you with legal advice in your case.

Why is it beneficial for me?  

An initial consultation is beneficial because it gives you a chance to gain a better grasp on how to proceed with your divorce. You will be able to see if the attorney is a good fit for you and your situation, as well as talk about how much their services will cost. It is important to gather this information before hiring an attorney so that you are represented exactly the way you need and receive the best outcome for you and your family.  

 

What does the process after my Initial Consultation look like? 

After you have had your initial consultation and you choose to hire an attorney you will be sent a contract. Once that is signed and any retainer fees are paid, the attorney can dive into your case immediately no matter where you are at in the process. You will get their contact information, as well as their paralegal’s information, so you can begin working together. Our attorneys focus heavily on great communication with their clients, so you will never feel ignored or in the dark throughout the process. The divorce process doesn’t happen overnight, but once you have hired one of our excellent attorneys, you will be taken care of and supported every step of the way!  

Take a look at our team’s page to get to know our experienced attorneys. If you would like to set up an initial consultation with one of them, contact us today!

I’m Not Sure I Can Afford An Attorney To Represent Me, Are There Any Other Options?

We understand cost can be a major concern for people when it comes to getting a divorce and hiring an attorney. At Divorce Matters we offer unbundled legal services or limited-scope representation, a type of service that may be able to keep costs down if it is the right fit for your specific case.

 

What are Unbundled Legal Services?

 

We like to describe unbundled legal services as a la carte legal services. Instead of hiring an attorney for full-scope representation, you can hire them to handle specific parts of your case or give advice on an as-needed basis. Some examples of unbundled services include document drafting/review, consulting and coaching, or review of settlement offers. Some cases only need limited help from an attorney and in these cases unbundled legal service can be one way to keep costs down.

 

Difference between full-scope representation and Unbundled Legal Services

 

Full scope representation is probably what you think of when you think of hiring an attorney traditionally. With full representation your attorney will be there with you throughout the entire divorce process, handling all paperwork, court preparations, scheduling any court appearances and mediations, and representing you at every step. With unbundled services or limited scope representation, you are only hiring an attorney for a specific aspect of your case that you need help with.

 

How to decide which service is best for you

 

Every case is different which is why we offer both traditional full scope representation and unbundled legal services. If you only have a few questions about your case or you just need help drafting a document, then unbundled services might be the best option for you and can certainly help keep costs down. If your case is more complex and/or contested then it might be more beneficial for you to consider full representation.

 

In order to figure out which services fit your situation best, contact us today to speak with one of our many experienced attorneys.

This Is How The Divorce Process Works and How Long It Will Take

When it comes to divorce most would say they want the process to be over as soon as possible so they can move on with their lives. This inevitably leads everyone to ask “how long will it be until I am officially divorced from my spouse?” A great place to start is our Divorce Timeline, which can be found under the Tools tab on our website. However, we also want to give a more general overview of how long the process might take. The specific circumstances and complexity of your case will determine the timeline, but overall, this is what you can expect the process to look like.

 

When You First File-

 

Once you have filed a Petition for Dissolution of Marriage with the courts in your county, your spouse must be personally served.  Learn more about what to do if you are the one being served divorce papers.

Once your spouse is served, he or she has 21 days (35 for out of state) to file a response. If you and your spouse both want the divorce and sign a petition jointly, the Service/Response step can be ignored. Your spouse may also agree to waive service if you do not file jointly. Just because you sign jointly does not mean the process is complete, and you will still need to follow the rest of the requirements in the process.

 

Once Your Ex Is Served-

 

You have 42 days after the date of filing to set up an initial status conference with the court and submit your financial disclosures. The initial status conference is your first court appearance and is an informal way for both parties and the Court to get on the same page about dates and deadlines in your case. It depends on the county and jurisdiction that you are in as to whether they will schedule a time for your initial status conference automatically once you file, or if you or your attorney have to reach out to the court to schedule your own. The timing for this solely depends on your county’s court and its timeline. You also will need to have your financial disclosures submitted within that 42-day deadline as well.

 

After Initial Status Conference-

 

You have the option to file for Temporary Orders, which is only necessary if there is an immediate conflict that must be addressed while your case is ongoing. Temporary Orders can help with decision making, child support or spousal support, or who will live in the marital residence during the divorce process. Temporary orders will be replaced by permanent orders at the end of your case. A temporary orders hearing, which is a separate court date, must be set to decide this and it will extend your case.

 

Once you’ve had your initial status conference, you and your spouse are then required to attend mediation by the state of Colorado. Everyone who files for divorce in Colorado must attend mediation, with a few exceptions. In rare cases where the parties agree to every issue, it is possible to skip mediation, which would shorten your case. Additionally, you may request mediation be waived in cases of domestic violence.

 

Mediation-

 

Mediation is a formal settlement conference where the mediator (whom you hire) assists in trying to reach a full agreement between you and your ex. If mediation is successful, you will leave with a signed or partial settlement agreement. Then your attorneys draft the final agreements and file the documents with the court.

 

If mediation is not successful, you must either come up with a settlement or prepare to go to trial. If you need to go to trial, this must be scheduled with the court and the timing completely depends on their availability and timeline. This can extend your case; therefore, it is ideal to come up with agreements in mediation or a settlement.

 

Finalized-

 

Your divorce will be finalized once a judge issues a decree of dissolution of marriage which then severs the marriage, and you are no longer married.

 

Post-decree-

 

If a party is not satisfied with the final decision made by the court, then an appeal can be made. There are specific time constraints around appeals, so you will want to speak with your attorney if you wish to appeal any part of your divorce decree.

 

You also may modify certain orders put in place by the courts if circumstances change after the final agreement has been made. Again, you will want to speak with your attorney if you would like to modify any documents or orders post-divorce.

 

Overall, it can be difficult to determine the exact length that it will take to finalize your divorce because every situation is different. Your timeline will depend on the specific circumstances and jurisdiction of your case.

If you have questions about your particular situation or would like to speak with an attorney today, contact us.

How Do I Pick the Right Attorney For Me?

One of the first questions you might ask yourself when you are searching for an attorney is “how do I know which attorney I’ll work the best with?” or “who will align with me and get me the best results in my case?” This is a very important question to consider because if you and your attorney don’t align then you might not be satisfied with their service or your end result. We never want that to be the case. Here are a few criteria to consider when deciding what attorney to hire to make sure that you and your attorney will be the best fit together.

 

Personality –

One of the most important factors to consider when deciding on hiring an attorney is how their personality would work with yours. When you are going through a divorce, you will end up sharing some of the most important and private details of your life with your attorney. Finding someone who complements you and can be a good partner is a key component to a successful attorney-client relationship.

Situation –

Another very important factor to consider when finding the right attorney is your specific situation. Every attorney has their strengths and areas of family law they practice more than others. If your case is very complex, you might look for an attorney who has more experience handling complex cases. On the other hand, if your situation is a very emotional one, it might be best to find a more empathetic attorney that you feel you can talk to and connect with for support. Another example would be if there is a lot of contention between you and your ex; in this case, you might be looking for a more aggressive attorney that will fight for you in times that get tense. Every situation is different, therefore it is key to find an attorney that will represent you in the way you need to be represented to achieve the most successful result in the end.

Cost –

Lastly, one thing to always keep in mind is how much you can afford when hiring an attorney. Of course, this always depends on each individual case and what you need the attorney to help you with. One of the most important factors that can affect the cost of your case is how contentious the separation is. If you and your ex can agree on most things through mediation, this will keep costs down compared to a case that goes to court. Another factor is what services you need legal help with. In some cases, you may only need unbundled legal services, but other cases will require full representation.

 

Finding an attorney with the right mix of personality, experience, and cost to help you with your divorce case is an important step in the divorce process. At Divorce Matters, we understand the importance of this decision. We match our clients with our attorneys based on all of these considerations, to ensure we deliver the best possible legal representation to every client.

If you’d like to get to know more about our attorneys visit their profiles here.

When Should I Move Out of the House?

When couples decide to divorce, they often can’t stand to be in the same room together. This means one of them ultimately must move out of the house before the divorce in Colorado.

There are many considerations that go into deciding when and whether to move, and we encourage people to meet with a lawyer before packing up a cardboard box and crashing on a friend’s sofa. Often, men leave the home, letting their wife and children stay put, which can be a disastrous decision. Leaving the home sends the signal that your relationship with your children is less significant than your spouse’s, which is a signal some judges hear loud and clear. Below, our Colorado divorce lawyers walk through some of the considerations about how to move out of your home.

What Should I Do Before Moving Out?

Ideally, you will have a written, signed parenting plan that allocates custody. This plan should be sufficiently detailed and will explain where and when you will have the children. So long as parents reached the agreement voluntarily, a judge should enforce it. Without a signed agreement, you have a live custody dispute and moving out of the home can hurt your case.

What Should I Do if I Move?

You should maintain a strong relationship with your children. Follow the parenting plan. If you don’t have one, then visit them often, daily if possible. At a minimum, maintain regular phone contact. Many judges are nervous to depart from the status quo. If you remove yourself from your children’s lives, then a judge might think you are happy rarely seeing your children.

How Do I Get My Spouse to Move Out?

If he or she doesn’t want to move, this is difficult. Some spouses who pay the mortgage think this gives them the right to decide who stays in the home. That’s not the law. You also should avoid threatening your spouse.

Instead, you could offer to pay for the rent to a new place for the duration of the divorce. Be careful, however, if your spouse wants to take the kids. This looks no different than if you moved out of the house. In fact, it probably looks worse, since you are comfortable uprooting your children.

Can I Force My Spouse to Leave?

There are some ways to go about this. If you owned the home before you were married, and it is solely in your name, you might have the power to request that your spouse leave because it is your separate property. Realize, however, he or she might take the children, and this is the primary concern with leaving the home””how it will impact a child custody decision.

If there has been domestic violence, then you can request a protection order and ask the judge to order your spouse to leave. You should also request temporary custody of your children at the same time, otherwise your spouse has an equal right to the children as you do. With a valid protection order, you can call the police to come and move your spouse out. If your spouse refuses, he or she is in contempt of court.

There may be other methods for getting your spouse to move, which you should discuss with an attorney. Contact Divorce Matters to review all your options.