Divorce is rarely an easy process. Even when both spouses agree that it is time to go their separate ways, the divorce process can be emotionally draining, confusing, and heavier than expected. Then, when you add the unfamiliar complex legal steps, timelines, and costs to the situation, it is easy to feel more overwhelmed even before filing a single document. That said, divorce in Colorado does not need to feel like you are walking into a maze. When you understand how the process works, from what happens first, how long things take, and what costs to expect, it becomes more manageable.
At Jones Law Firm, P.C., we regularly work with people who feel stuck at the start, unsure of what comes next or how complex their situation is. We will walk you through what to expect before filing for a divorce in Colorado, explain the timeline step by step, and break down the costs to help you move forward with confidence.
What to Expect Before You File for Divorce in Colorado
Before filing your divorce petition, there are three key things you need to consider:
- Ensure You are Eligible to File
Colorado law requires that at least one spouse must have dwelled in the state for at least 91 days, immediately before filing for divorce. If you have children with your spouse, there is an additional requirement. The children must have lived in Colorado for at least 182 days, or since birth, in situations where the children are younger than six months.
If you do not meet this requirement, a Colorado court cannot issue binding orders about custody or child support. This often catches parents off guard, which is why it is essential to speak with an experienced attorney early on to prevent delays.
- Decide the Type of Divorce You are Pursuing
While Colorado is a no-fault divorce state, you need to decide whether your divorce is contested or uncontested. In an uncontested divorce, both spouses agree on all major issues, such as property division, debt allocation, alimony, parenting time, and child support. When you and your soon-to-be ex can reach an agreement, you can expect a more efficient process.
On the other hand, if the divorce is contested, meaning there are unresolved issues that require the court to intervene, things may get trickier. These issues may include disagreements over finances, custody, or support. When this happens, having a Colorado divorce attorney becomes very important to protect your interests and keep the case moving forward.
- The Mandatory Waiting Period
Colorado law requires a 91-day waiting period before a divorce can be finalized. Even if the divorce is amicable, the 91-day period must elapse before a decree can be issued.
So, what does this mean? If you and your spouse file jointly, the 91-day period begins on the date the petition is filed. If one spouse files alone, the clock starts ticking on the day the other spouse is officially served the divorce papers.
Understanding the Colorado Divorce Timeline
The process of dissolving a marriage in Colorado involves several steps, each with key timelines.
Filing a Divorce Petition
To kickstart the process, you must file a Petition for Dissolution of Marriage with the court. You can do this jointly with your spouse or by yourself. If only one spouse files, the other must be formally served through a neutral third party, such as a process server or sheriff. Once served, the responding spouse has 21 days to file a response (or 35 days if they live out of state).
The Initial Status Conference (ISC)
Within 42 days of filing, the court will schedule an Initial Status Conference. This is more of a check-in with the court to ensure both parties understand the divorce process. Additionally, the court or family court facilitator confirms that financial disclosures are underway and identifies areas of agreement and dispute. Here, deadlines are set for document exchange, mediation, and potential hearings.
If children are involved, the court may also confirm that both parents complete a required co-parenting class. Temporary orders may also be addressed at the ISC to establish custody, parenting time, and financial support until final decisions are made.
Financial Disclosure and Discovery
Within the same 42 days of filing, you and your spouse must exchange detailed financial disclosures, including income, debts, assets, expenses, and supporting documents like bank statements and tax returns. If something does not add up, like missing assets, unclear income, or unexplained debt, discovery may be necessary.
Trial and Final Orders
If you and your spouse cannot reach an agreement through negotiation or mediation, the court will hold a permanent orders hearing, where a judge decides unresolved issues. The length of this hearing depends on the number of disputes and how complex they are.
Once all issues are resolved, a judge issues a decree of dissolution of marriage. This document legally ends the marriage and establishes all final orders.
How Much Does Divorce Cost in Colorado?
You have probably tried to research divorce costs a few times and may have come across the rather frustrating answer: “It depends.” Unfortunately, that’s true, and there are reasons for this.
Uncontested Divorce Costs
If you and your spouse agree on everything, the cost can be relatively low. You may only incur a filing fee of $230 if you choose to complete the process without an attorney. However, many couples decide to involve an attorney to review agreements and handle filings, which, while it adds costs, often prevents making expensive mistakes later.
Contested Divorce Costs
Costs can rise significantly when disputes involving assets and debts, children, or support exist. This is because you may have to include valuers of assets, additional hearings, which all increase the expenses.
Contact Us for Legal Help
Divorce is a significant life transition and also a legal process that can be daunting. However, once you understand Colorado’s divorce rules, timelines, and costs applicable to your situation, you can get the clarity you need when everything feels uncertain. The earlier you get informed, the better it is for you to make thoughtful decisions instead of being reactive. If you are considering divorce or preparing to file, speaking with an experienced attorney can help you save time, money, and emotional turmoil. At Jones Law Firm, P.C., our experienced family law and divorce attorneys can clearly explain your options and help you navigate the process with strategy and confidence. Contact us today to schedule a consultation.