Everything Couples Should Understand Before Filing for Divorce

Divorce is simply a legal way to end a marriage. It usually involves decisions such as splitting up property, figuring out who pays for or handles what, and sometimes trying to handle the kids.

Denver is a great place to live: the mountains, the job opportunities, and the outdoor lifestyle all make it one of the most desirable cities in the country. At the same time, it is also a fast-growing metro with a large and diverse population, which means family courts regularly deal with a high volume of divorce and custody cases. The city’s legal system is well-structured but often busy, with cases moving through the local district courts under Colorado’s family law framework.

Before filing for divorce in Denver, couples really need to know the process and rules and look at the “fine print” of Colorado law. Most people who jump in head-first only get buried in paperwork they didn’t expect. A little bit of prep work right now can save you thousands of dollars and a whole lot of stress and mistakes.

​Type of Divorce

According to the 2023 National Marriage and Divorce Rate Trends, over 600,000 divorces were registered in the United States. They were made of two major types: the contested and uncontested.

In an uncontested divorce, you and your spouse actually agree on key issues like sharing of properties and child support. A contested divorce is when a lawyer gets involved because nobody can agree on a middle ground. This is usually more complex, costly, and time-consuming.

​Legal Requirements

​You can’t just move into a state and file for divorce. One of you has to have lived in Colorado for at least 91 days before the court even considers looking at your case. It’s a basic residency rule.

The law also requires a “financial disclosure” phase. This is where both parties share their financial information, as required under Colorado Rules of Civil Procedure Rule 16.2. There is also a mandatory 91-day waiting period by the state before the divorce is final.

​The Costs Involved

​Divorce is rarely cheap, depending on the complexity of the case. Two major costs you can expect to incur include: filing fees and legal fees.

In a contested divorce that involves hearing and a long timeline, the cost is obviously going to be huge. That’s why mediation is so popular lately.

Couples need to know that their living expenses are about to double because they’ll be running two households instead of one. It’s a tough pill to swallow, but you’ve got to plan for it.

​Impact on Your Children

The impact of a divorce on the wellbeing of the children cannot be overemphasized. No matter how resilient a child may be, seeing their world split in two is usually a lot to handle. They might get moody or struggle at school for a while.

​Statistically, most children of divorced parents struggle with mental, social, and emotional issues. In Colorado, the judges don’t care about “winning.” They only care about the “best interests of the child.”

​Division of Property and Debts

​People often think everything gets split 50/50, but that isn’t quite how Colorado works. Colorado uses “equitable distribution.” This means the court divides assets based on what is fair, which isn’t always a perfect middle split.

The court reviews the income of both parents, their contributions to the marriage, and future financial needs. These rules are outlined in C.R.S. § 14-10-113. All these are properly documented and will help ensure a fair outcome for both parties.

​Final Thought

​Deciding to file for divorce is a major life decision. It changes your bank account, your weekends, and your emotional well-being. But if you understand the rules before you start, you won’t get blindsided by the process.

It’s not fun, but being informed makes it manageable. Take your time, get some good advice, and you’ll have control over the outcome.

A ​Quick Recap

• ​Divorce handles the legal and financial “breakup” of a marriage.
• ​Colorado is a no-fault state, so you don’t need a “reason” beyond the marriage being broken.
• ​Trials are rare; most people settle things through mediation or talk.
• ​Don’t forget the 91-day residency rule and the waiting period.
• ​Kids come first in the eyes of the court.
• ​Property is split “fairly,” which doesn’t always mean “equally.”
• ​Being organized and prepared is the only way to keep your stress levels down.