Divorce can feel overwhelming, but knowing the basic steps can make the process a lot less stressful.
This blog provides a breakdown of what to expect in a Colorado divorce, from filing to mediation to the final hearing.
Step 1: Filing the Petition
Every divorce starts with a Petition for Dissolution of Marriage and Case Information Sheet. How you file can set the tone for the case:
Option 1 – Traditional Service
One spouse files the Petition and Case Information Sheet and arranges for a process server (someone over 18 who is not part of the case) to give these documents, together with a Summons, to the other spouse. The Summons gives the court jurisdiction over the responding spouse. The Petition establishes jurisdiction to determine the issues. The filing spouse is the Petitioner, and the other spouse is the Respondent. This method can feel confrontational, so it’s generally reserved for situations where a Waiver of Service or Co-Petition isn’t realistic.
Option 2 – Co-Petition
Both spouses file the divorce together. One becomes the Petitioner, and the other the Co-Petitioner. This is the most amicable approach and helps start the divorce on a cooperative footing.
Option 3 – Waiver of Service
You or your attorney can present the Petition, Case Information Sheet, Summons and a Waiver of Service to the other spouse. This lets the responding spouse participate voluntarily, avoiding the discomfort of being formally served.
Does it matter who files first?
From the court’s perspective, not really. If the case goes to hearing, the Petitioner presents their case first but also is responsible for initiating scheduling and other steps to keep the case moving. Both parties have a right to be heard by a neutral judicial officer.
Step 2: Temporary Injunction
Once the Petition is filed, a temporary injunction automatically goes into effect. This protects both parties and any minor children. It forbids:
• Transferring, selling, or disposing of property without consent
• Removing a minor child from Colorado without consent or a court order
• Removing either spouse from insurance policies or as a beneficiary
This ensures stability while the divorce moves forward.
Step 3: Case Management Order
Shortly after filing, the court issues a Case Management Order (CMO). This outlines deadlines and requirements, including:
• Initial Status Conference (ISC): Usually about 42 days after filing. This is a brief meeting with the court to update the status of your case. It is not an evidentiary hearing. Testimony and evidence are not presented. Bring your calendar and availability, because your final next status conference or hearing may also be scheduled. If either party needs Temporary Orders for financial or parenting issues, this is the time to make such a request.
• Mandatory Financial Disclosures: Complete financial disclosures are also due about 42 days after filing. Both parties provide detailed financial information to ensure division of all marital property and fair decisions.
Step 4: Mediation
Before going to trial, mediation is typically required. Mediation is a process where a trained neutral third party (usually an attorney) helps both spouses negotiate a fair settlement.
• Mediators do give legal advice, but they can provide legal information.
• Sessions are often conducted via Zoom and usually not in the same room as your spouse.
• The goal is compromise—think of it like “horse trading.” You may give up something that means less to you to gain something that means more.
Mediation can save time, money, and stress compared to a full trial. By reaching an agreement, you have more control over the outcome. Think of mediation like a scalpel and going to trial more like sledgehammer. A good lawyer will help you understand your best-case and worst-case scenarios so you can make informed decisions without the time and expense of letting the Judge decide.
Step 5: Finalizing the Divorce
If you are able to reach an agreement, you will sign a Memorandum of Understanding or a Separation Agreement after mediation or negotiations. If you do not reach an agreement, the Court will hold a Permanent Orders Hearing. The resulting agreement or Permanent Orders will resolve all issues including the division of property and debt, spousal support, any request for a name change and attorney fees. The Court will issue a Decree of Dissolution which will end the marriage.
How Long Will Divorce Take?
It depends on your circumstances. Colorado has a 91-day waiting period, which is the earliest the court can issue a divorce decree. The speed of your divorce largely depends on how much you and your spouse agree. More agreement = faster resolution. More disagreement = longer proceedings.
Final Thoughts
Divorce can be complicated, but understanding the process helps you approach it with confidence. From filing the Petition to navigating mediation and preparing for the Permanent Orders Hearing, knowing what to expect can make a big difference.
If you’re facing a divorce in Colorado and want or need guidance tailored to your situation, the attorneys at Searcy Friedman Law can help. We focus on protecting your interests while keeping the process as smooth and fair as possible. Contact us today to schedule a consultation and learn how we can support you through every step of your divorce.
Legal note: This website is not intended to constitute legal advice or the provision of legal services. By posting and/or maintaining this website and its contents, Searcy Friedman Law does not intend to solicit legal business from clients located in states or jurisdictions where Searcy Friedman Law or its individual attorneys are not licensed or authorized to practice law.
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