Whether you’ve just started thinking about separation or you’re actively looking for support, it’s important to know what to expect from the Colorado divorce process. Every situation is unique, but most cases follow the same general steps.
Below, we’ll walk through what typically happens during a divorce in Colorado, from filing paperwork to finalizing the agreement.
Step 1: Filing for Divorce
Colorado is a no-fault divorce state. That means you don’t need to prove wrongdoing to get divorced. One spouse simply needs to state that the marriage is irretrievably broken.
To start, one person files a petition for dissolution of marriage with the court. If both spouses agree, they can file together as co-petitioners, which often makes the process smoother.
Step 2: Serving the Papers
If only one spouse files, the other must be formally served with the divorce paperwork. This can be done through a process server or by mail. Once served, the responding spouse has time to file a response with the court.
If you filed jointly, this step is skipped, and you can move straight to the next phase.
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Step 3: Waiting Period
Colorado requires a minimum waiting period of 91 days from the date the other spouse is served (or from the filing date if filed jointly) before the divorce can be finalized. During this time, both parties can begin negotiating agreements on property, parenting, and finances.
This waiting period gives families time to process, gather documents, and consider the best path forward, including whether a collaborative or mediated divorce might be a better fit than a traditional approach.
Step 4: Disclosure of Financial Information
Each spouse is required to provide full financial disclosure. This includes income, expenses, assets, and debts. Transparency here is critical for making fair and informed decisions, especially when dividing property or establishing spousal support.
Even in amicable divorces, this step is essential to protect everyone involved and prevent legal complications later on.
Step 5: Creating Agreements
This is where things can get more complicated or go very smoothly, depending on your situation. You’ll need to make decisions about:
- Division of marital property and debts
- Parenting time and decision-making (if children are involved)
- Child support and spousal support
- Any special arrangements like family businesses or unique assets
Many families choose collaborative divorce at this stage to work through these issues together, with the help of trained professionals who guide respectful and productive conversations.
Step 6: Court Review and Final Decree
Once agreements are reached and all documents are submitted, the court reviews everything to ensure it meets legal standards. If everything is in order and the 91-day waiting period has passed, the judge will issue a final decree of dissolution of marriage.
In uncontested cases, this can happen without a court hearing. For more complex or contested divorces, a hearing may be scheduled.
Step 7: Moving Forward With Confidence
The divorce process can feel overwhelming, but understanding each step makes it easier to navigate. Collaborative divorce can offer a more respectful and family-focused way to resolve conflict, especially when children are involved.
At FCDP, we believe families deserve support, clarity, and guidance through every part of the process. If you’re considering divorce and want to explore options that keep you in control, we’re here to help. Reach out to one of our professionals today.
