Chapter One
Introduction & Basics
The Process of Divorce in Colorado
Divorce is a significant legal and emotional journey, and understanding the process is essential for navigating it confidently. By breaking it down into clear steps, you can better anticipate what lies ahead and prepare accordingly. Here’s an overview of the key stages in a Colorado divorce:
- Filing for Divorce
- Financial Disclosures
- Initial Status Conference
- Discovery
- Temporary Orders
- Experts
- Mediation
- Permanent Orders
- Appeals
- Post-Decree
Let’s go through them one by one:
Filing for Divorce
The process starts with the filing of a case. To file for divorce, you or your spouse will file three documents with the court. These three documents are a “petition for divorce”, a “summons”, and a “case information sheet.” Once you file your case with the court, you will serve your spouse with “service of process” or encourage them to sign a “waiver of service.” After service is complete, your divorce has begun and the next stop is the process of financial disclosures. Learn the precise details of filing for divorce here.
Tip: Service v. Waiver
There are several reasons you may choose to have your spouse served over waiving service. If you prefer to have your spouse served, you will inform a process server of your spouse’s location and they will hand them the papers for you. Service has two major advantages. With service, you do not need to interact with your spouse. If notice of a divorce might be an uncomfortable or dangerous situation for you, official service of process is a good idea. Second, service automatically triggers the automatic, temporary injunction discussed later in this guide, which you may need in place to protect yourself.
In contrast, you may want to have your spouse waive service if you want to discuss the decision together or want to encourage a friendly, cooperative relationship going forward.
Bonus Tip: Have your attorney prepare a waiver of service and if your spouse refuses to sign the waiver, have a process server ready to serve them – the best of both strategies.
Financial Disclosures
Once your case is filed, the next crucial step is financial disclosures. This stage is designed to create a transparent picture of the marital estate, helping both parties understand what assets and debts are involved before division begins. The financial disclosure process consists of two main components:
- Sworn Financial Statement (SFS): This detailed document requires you to outline your financial profile, including income, taxes, expenses, assets, and debts. Your attorney will guide you through completing the SFS to ensure accuracy and compliance.
- Rule 16.2 Disclosures: As outlined in Form 35.1, these disclosures include supporting documentation for the information listed in your SFS, such as bank statements, pay stubs, tax returns, and similar records.
If you’re thinking, “I don’t have all this information,” you’re not alone. It’s common for one or even both spouses to have limited knowledge of the marital finances. In such cases, attorneys and financial experts will step in to gather the necessary details. Your legal team can help identify assets and debts, collect documents, organize records, and prepare comprehensive disclosures.
At Griffiths Law, we specialize in guiding clients through this process with efficiency and care. While we’re here to handle the heavy lifting, your involvement can make a significant difference. The more organized you are with gathering financial documents, the less work your attorney will need to do—ultimately reducing your legal fees. For tips on managing costs, check out Chapter 10.
This step lays the foundation for equitable property division, so take it seriously and trust your legal team to help you navigate it effectively.
Tip: Gather Your Financial Information Right Away
If you are considering divorce, you will need to gather your financial information to exchange with your spouse. Gather this information right now for two reasons. First, by assembling all of your documentation now, you will save money by providing everything to your attorney without delay. Second, right now the information is available to you, but it may not be available to you later. For example, one of you may move out, you may lose access, the documents may go “missing,” or they may have “never existed” in the first place.
Find the documents, scan the documents, and keep the documents. If nothing else, you will have an organized record of your financial affairs.
Initial Status Conference
The Initial Status Conference (ISC) is typically the first time you and your spouse will appear in court. If you have an attorney, they will attend with you, ensuring that your interests are well-represented. Usually, the judge assigned to your case will be present, and in many instances, this judge will oversee your case through to its conclusion. The ISC serves as an opportunity for the court and both parties to review the case’s status, address any immediate concerns, and establish a timeline for future proceedings.
Every divorce case is unique, and the court tailors its approach accordingly. This flexibility is crucial because the circumstances surrounding each couple’s divorce can vary widely. For example, cases involving domestic violence or child endangerment often require special attention and intervention from the court. The ISC is a critical juncture for raising such concerns, so it’s essential to discuss any sensitive issues with your attorney beforehand. They can ensure these matters are appropriately addressed during the conference, helping to protect your rights and ensure the court is informed. By preparing for the ISC and clearly communicating with your attorney, you set the stage for a more organized and effective divorce process.
However, most ISC’s focus on one question: Is the “status quo” being preserved? Throughout the divorce process, the law requires that the parties maintain the “status quo.” This means that neither party should do things that are out of the ordinary. Although the law on this point is complex and vague, the general rule of thumb is that you should spend money in the same way you did before the divorce started, refrain from moving assets and cash around, and continue to parent your children well. Spouses who cancel credit cards, move cash out of bank accounts, sell assets, or disrupt the co-parenting arrangement are not seen kindly by courts. The parties must follow a set of rules called the “automatic, temporary injunction,” which you can learn more about in our resource on the issue. At the ISC, both attorneys will address whether the status quo is being properly maintained and, if not, will ask for temporary orders (discussed below).
Common Question: Do I need to speak to the Court at the initial status conference?
Answer: Only if you are representing yourself. If you have an attorney, your attorney will speak on your behalf. The judge may ask questions, but your attorney will respond for you.
Discovery is the legal process of gathering information in a lawsuit. The rules of discovery for divorce can be found in the Colorado Rules of Civil Procedure under rules 16.2, 26, 30, 33, 34, 37, and 45. Under these rules, the law allows you to gather information by conducting depositions, by sending interrogatories, by sending requests for production of documents, and by issuing subpoenas. Keep in mind that often when one spouse issues discovery, the other spouse will too. Here is what these terms actually mean:
A deposition is a procedure where your attorney can force a person to sit in a room for several hours while your attorney asks them questions. In a divorce, your attorney will often “depose” your spouse to get information about their case and positions. For example, if your spouse runs a business, your attorney may depose them and ask questions about the business’s revenues, expenses, and value.
Interrogatories are written questions sent to your spouse and then answered in written responses. There are both “pattern” and “non-pattern” interrogatories. “Pattern” questions are ones that the court allows you to ask in all cases. You are allowed to issue 10 “non-pattern” interrogatories throughout the entire case, in which you can ask any questions relevant to your case. The person responding to the interrogatories has 35 days to respond.
Requests for production of documents are exactly that, a request that your spouse produce certain documents to you. Again, the same rules above regarding “pattern” and “non-pattern” requests apply here. Your spouse must respond to these requests in 35 days.
A subpoena is a formal request for information to anyone or other than your spouse. In a divorce, this could include a bank, a school, or a hospital, etc.
Tip: Discovery Master
In cases where discovery is contentious and complicated, parties can hire a private person to oversee the discovery efforts. Although this person charges by the hour, occasionally this can be the best course of action because the person is dedicated to streamlining the discovery process and dives into the case to understand all of the complexity. Whether a discovery master is the right choice in your case depends on a number of factors, the most important of which is cost.
Temporary Orders
Temporary orders provide a framework for managing parenting and financial matters while your case is ongoing. These interim rules help maintain stability until permanent orders are issued. While Colorado courts prefer that parties reach agreements on their own, temporary orders become necessary when agreements can’t be reached. If you anticipate needing temporary orders, inform your attorney and ensure the judge is notified during the Initial Status Conference (ISC). Simply ask your attorney to reserve your right to request temporary orders, if needed.
Unlike full trials, temporary order hearings are shorter, lasting just a few hours, and focus solely on unresolved issues. For example, if there’s a financial dispute, the court may address temporary maintenance or child support. If parenting is the issue, the hearing will focus on establishing a temporary parenting schedule.
Temporary orders often impose stricter, more rigid solutions than informal agreements between spouses. For instance, instead of continuing to share a bank account, the court may order one spouse to pay maintenance directly to the other. Similarly, the court will assign specific parenting schedules rather than leaving them open for negotiation. This inflexibility is why courts generally discourage temporary orders, encouraging spouses to find common ground instead.
However, in cases where agreements are impossible, temporary orders provide clarity and enforceability, ensuring that both parties adhere to defined terms while the case progresses. These “black and white” rules can be critical in maintaining order and reducing conflict until permanent solutions are finalized.
Experts
After completing financial disclosures and stabilizing the case through temporary orders or negotiations, the next step is preparing for mediation and permanent orders, often the final stage in your divorce process. Preparation at this stage may involve hiring expert witnesses to provide specialized insights that can significantly impact the outcome of your case.
An expert witness is someone with advanced knowledge in a specific area who can provide information beyond what a judge might know. Experts analyze the details of your case and offer professional opinions on critical issues such as asset valuation, income determination, or the best interests of the children. While hiring experts can be costly, their input is often invaluable for achieving a fair and accurate resolution the first time around.
Common experts in divorce cases include:
- Forensic Accountants: To uncover hidden assets or clarify complex financial matters.
- Business Valuation Experts: To determine the worth of businesses or partnerships. Business valuations can be complex and contested.
- Real Estate Appraisers: To assess the value of real property, such as homes or commercial properties.
- Trust Experts: To analyze and provide insights on trust assets or estate planning documents.
- Executive Compensation Specialists: To evaluate stock options, retirement packages, or deferred compensation.
- Specialty Experts: For industries like oil and gas or other niche fields requiring unique expertise.
- Parental Responsibility Evaluators: To provide detailed assessments of what parenting arrangements serve the children’s best interests.
- Child & Family Investigators: To conduct investigations into parenting arrangements and provide reports to the court.
- Substance Abuse Evaluators: To assess concerns about substance abuse impacting parenting or family safety.
- Therapists: To address the emotional needs of the family or recommend custody solutions.
- Parenting Coaches: To guide parents on improving co-parenting dynamics.
By leveraging the insights of expert witnesses, you strengthen your case and ensure that all aspects—financial, legal, and emotional—are carefully considered as you move toward resolution. Proper preparation with expert input can make the difference between a contentious trial and a fair, equitable outcome.
Mediation
Once you’ve gathered all the necessary information—disclosures, sworn financial statements, and expert opinions—it’s time to move to mediation. Mediation is a powerful tool that brings both parties together with the help of an impartial third party to work toward a resolution. The goal? To find common ground and settle your case without the stress and expense of a courtroom battle.
The most common approach is shuttle mediation, where you and your attorney sit in one room while your spouse and their attorney are in another. The mediator moves between the rooms, delivering offers and counteroffers. If communication between you and your spouse is amicable, you may choose to begin with shuttle mediation and later bring everyone into one room to streamline discussions. However, this isn’t required.
Mediation offers flexibility, allowing you to resolve parts of your case while leaving others for later discussion. For instance, it’s common for parenting issues to be resolved while financial matters take more time—or vice versa. With the right mediator and preparation, mediation can simplify your case and bring you closer to closure.
Common Question: Why can’t we just start the case with mediation to reduce cost?
Answer: Mediation can be very expensive and time consuming. You will pay your attorney and likely half the cost of the mediator’s fees. Without information, disclosures, and experts, mediating can be a huge waste of time and money because it is impossible for either side to determine whether the offer or counteroffer is good or a bad one. It is very difficult to resolve a case when either party is unsure of the deal on the table. For this reason, we often advise clients to mediate when they have enough information, which is often a few months after the case begins.
Permanent Orders
Permanent orders represent the final stage of the divorce process, where the court issues long-term decisions that will govern your parenting, financial, and property matters. While similar to temporary orders, permanent orders differ in several critical ways: (1) hearings are longer and more comprehensive, (2) testimony and evidence are presented in greater detail, and (3) the rulings are intended to be permanent—though subject to modification under certain circumstances.
These hearings typically last a full day but can extend over multiple days or even weeks, depending on the case’s complexity and the jurisdiction. During this time, the court will address the core issues of your divorce, which may include:
- Parenting Time (Physical Custody): Determining where the children will live and the time they will spend with each parent.
- Decision Making (Legal Custody): Deciding which parent(s) will have authority over major decisions about the children’s education, healthcare, and welfare.
- Property Division: Dividing marital assets and debts in a manner deemed fair and equitable.
- Maintenance & Alimony: Establishing whether spousal support is necessary, and if so, the amount and duration.
- Child Support: Calculating and ordering financial support for the children based on Colorado’s guidelines.
- Attorney’s Fees: Allocating responsibility for legal costs incurred during the case.
- Unique Issues: Resolving any specialized concerns, such as business ownership, complex financial arrangements, or other exceptional circumstances.
The court will even decide the issues in this general order:
First, the court will determine “parenting time,” which used to be known as “physical custody.” This is the number of overnights each parent will have with the child or children.
Second, the court will decide “decision making,” which used to be known as “legal custody.” Decision making relates to which parent makes decisions on behalf of the child or children.
Third, the Court will determine how to divide the marital property and who to allocate each piece of property to.
Fourth, the court will decide whether one spouse needs maintenance and, if so, how much maintenance ought to be paid and for how long.
Finally, once the court decides these questions, the court will decide child support, attorney fees, and other unique issues.
Child support is decided last because the calculation to determine the amount of child support owing requires that the court first determine how many overnights each parent will have and how much maintenance is payable. This guide has comprehensive sections on each of these components in the chapters ahead.
Tip: Private Judge
Under Colorado law, you can hire a private judge to hear permanent orders instead of a district court judge. The advantages of this option include: (1) more time for the judge to hear the case, (2) more flexibility in scheduling, and (3) privacy. The disadvantage is cost as these judges charge you for their time.
Appeals
If you do not like the result at permanent orders, you can always appeal to the Colorado Court of Appeals and possibly to the Colorado Supreme Court. Although the “Guide to Appeals” may be next, suffice it to say for purposes of your divorce, get it right the first time! Appeals can take considerable time and money to complete. However, there are times when appealing a decision is your only option and you must consult with an attorney about how to proceed. An appeal is not something you should even consider without the advice of an attorney.
Tip: Getting it Right the First Time
Many clients believe that the sole purpose of a good divorce attorney is to “win” the case by obtaining the best result possible. However, another consideration should be obtaining the most “accurate” result possible. Whether you settle or go to trial, you want a document that clearly articulates each spouse’s rights and responsibilities. An experienced divorce attorney can not only obtain a preferable result for you, but can also ensure that the settlement or court order actually reflects what you agreed to or what the parties argued. Errors in separation agreements and orders from courts are far more common than you would want to believe, and a good attorney will make sure those errors do not occur.
But what kind of errors you ask? For example, including the wrong address for a home, failing to allocate an asset, allocating an asset that does not exist, putting in a value for a bank account that is wrong, and the list goes on. Get it right the first time.
Post-Decree: Navigating Life After Divorce
The conclusion of your divorce doesn’t always mean the end of legal proceedings (unfortunately). The post-decree phase addresses life after the final orders are issued, allowing for adjustments and enforcement of those orders as circumstances change. Colorado law provides several avenues to modify or enforce the terms outlined in your separation agreement, parenting plan, or court orders.
For instance, while parental responsibilities may have been determined during the trial, either party can later request modifications to parenting time or decision-making responsibilities. Similarly, financial obligations like child support or spousal maintenance can be adjusted up or down based on changes in income, employment, or other significant life events. Post-decree motions can also address enforcement of existing orders, resolve disputes, or, in rare cases, reopen the divorce case itself.
Common Post-Decree Motions
- Motion to Modify Maintenance: Adjusting spousal support based on substantial and continuing changes in circumstances.
- Motion to Modify Child Support: Revising child support obligations due to changes in income, child needs, or parenting arrangements.
- Motion to Modify Parenting Time (Relocation or Otherwise): Addressing changes in parenting schedules or relocation requests.
- Motion to Reopen Divorce Under C.R.C.P. 16.2(e)(10): Reopening the divorce case due to fraud, concealment of assets, or other valid reasons.
- Motion for Contempt Citation: Requesting enforcement of court orders when one party fails to comply, such as refusing parenting time or nonpayment of support.
Whether seeking modifications or addressing disputes, consulting your attorney is essential to navigate this phase effectively and protect your rights.
Getting More Advanced
Now that you know the general framework for how the divorce process works, continue reading to learn exactly how Colorado courts decide each of the major components of your case including custody, maintenance, and property division.