A divorce is an enormous, life-altering decision. Before you make the first move and file the divorce petition, or respond to a spouse’s petition, it helps to take a calm step back and prepare for the process ahead. Preparing for divorce means considering the important factors of divorce and how you’ll resolve them in your case as you move forward. It’s helpful to know the following key points of a Colorado divorce before you begin the process.
Have We Explored All Possible Options for a Reconciliation?
Divorce is a sorrowful experience, especially when it breaks up a family. While remaining in an unhappy marriage or one in which domestic violence occurs is not a good option, if you and your spouse still have any mutual love to build upon, it’s essential to exhaust all means of reconciliation such as marriage counseling, separating and dating for a time, or taking a trip together to work on your relationship before deciding to end the marriage. If at least one spouse in the marriage feels that the marriage is irretrievably broken, the divorce should move forward.
Do We Meet the Qualifications for a Colorado Divorce?
To get divorced in Colorado, you first have to meet the residency requirement. This means the following must apply in your case:
- At least one spouse must have been a resident of Colorado for a minimum of 91 days before filing the petition
- Any children you and your spouse have together must have lived in the jurisdiction of your divorce for at least 181 days
- The court must have jurisdiction over the responding spouse either because they currently live in Colorado, they were served divorce papers in Colorado, or they lived together in Colorado and the petitioning spouse still lives there
Colorado is a no-fault divorce state so you do not have to prove any wrongdoing on your spouse’s part to get a divorce. You need only file on the grounds of irreconcilable differences or that the marriage is irretrievably broken.
Have You Selected an Experienced Colorado Divorce Attorney?
Although a DIY divorce is possible in Colorado, it’s not recommended, especially if you have children and assets. It’s critical to have a skilled Denver divorce lawyer at your side throughout the process of divorce in Colorado to help navigate the legalities and facilitate negotiations for a divorce settlement agreement or to represent your rights and best interests in court.
Have I Prepared and Organized My Financial Documents?
Colorado’s divorce laws compel both spouses to make full financial disclosures and to produce any documents requested by the other spouse’s attorney during the discovery process after one spouse files the petition and the other responds.
Before filing for divorce, you should take steps to prepare for the full financial disclosure by gathering proof of your income and records of all of your separate and marital assets, accounts, and properties. Many divorcing spouses also prepare by opening a separate bank account and looking for a new residence.
Understand Your Financial Situation After the Divorce Before Making Key Decisions
It’s important to be realistic about your financial situation after your divorce becomes final. For instance, many divorcing spouses go through months of disputes to keep the marital home only to realize later that they cannot afford it. It’s best to speak to a Denver family law attorney about what you can expect your financial situation to look like after the divorce becomes final so you can make wise choices during the division of assets, your living situation, and whether or not temporary spousal support is for your case.