Top Ten Things to Consider Before Filing for Divorce in Colorado

Key Takeaways:

• Divorce in Colorado involves complex legal, financial, and emotional considerations.
• Prioritizing children’s wellbeing is crucial in family law cases.
• Legal separation can be an alternative to divorce for some couples.
• Financial implications, including asset division and support obligations, should be carefully evaluated.
• Building a strong support team, including a divorce attorney in Colorado, is essential.

Introduction

Filing for divorce is a major life decision that affects families emotionally, financially, and legally. In Colorado, divorce laws emphasize equitable asset division and shared parental responsibilities, making it crucial to approach the process with careful planning. Whether you’re in Denver, Lakewood, Arvada, Boulder, Colorado Springs, Greeley, or Pueblo, understanding the key considerations before filing can make a significant difference in the outcome of your case.

Krista Nash, a seasoned divorce attorney in Colorado and founder of Children First Family Law, has extensive experience helping families navigate the complexities of divorce. As an attorney, mediator, and child advocate, Krista specializes in guiding clients through emotionally charged legal matters while prioritizing the wellbeing of children.

This article, based on Krista’s insights, explores the top ten things to consider before filing for divorce in Colorado, ensuring that you make informed decisions every step of the way.

1. Recognizing Abuse and Ensuring Safety

If abuse is an issue in your family, it is essential that in considering taking steps toward divorce that you first ensure the safety of yourself and the children. Abuse can take many forms, including physical violence, emotional manipulation, financial control, and coercive control. Recognizing these patterns and having a plan are essential to consider before taking legal action.

Understanding Different Types of Abuse

Abuse in relationships extends beyond physical harm. Coercive control, for instance, is a manipulative tactic where one partner exerts power over the other through intimidation, financial restrictions, isolation, or threats. Many individuals may not recognize coercive control as abuse, but it is a serious issue that can have lasting psychological and legal implications.

Protective Measures Available in Colorado

If you or your children are in an unsafe situation, Colorado law provides protective measures to help. Victims of domestic violence or coercive control can seek a Temporary Protection Order (TPO), which can later be extended into a Permanent Protection Order (PPO) if necessary. These court orders legally restrict the abusive party from making contact with the victim, providing crucial security during the divorce process.

Other legal options include:

• Filing a police report in cases of immediate danger.
• Seeking emergency shelter or support from local domestic violence organizations.
• Working with a divorce attorney in Colorado who specializes in abuse-related cases to ensure the proper legal steps are taken.

Seeking Specialized Legal Assistance

If abuse is a factor in your decision to divorce, working with an experienced family law attorney is critical. A skilled lawyer can help you navigate protective orders, custody concerns, and financial security during and after divorce. Legal professionals can also assist in gathering evidence of abuse, which can impact custody and asset division outcomes.

Prioritizing Safety Before Filing for Divorce

Your safety and the safety of your children must come first. Before taking legal action, consider developing a safety plan with professionals, including legal counsel and domestic violence advocates. This may involve securing alternative housing, protecting financial assets, and ensuring a reliable support system is in place.

If you are experiencing abuse and considering divorce, seeking legal advice from an attorney who understands domestic violence laws in Colorado can help ensure that you take the right steps to protect yourself and your loved ones.

2. Exploring Alternatives: Can the Relationship Be Saved?

Before filing for divorce, it’s important to explore whether the relationship can be repaired. Divorce is a major life decision, and taking the time to evaluate all options can lead to a more confident and informed choice.

Therapy and Counseling Options

Individual therapy, couples counseling, or participation in community support groups may provide new insights and communication tools that help partners reconnect. Even if reconciliation isn’t possible, therapy can help both individuals approach the divorce process with greater clarity and emotional readiness.

Legal Separation as an Alternative to Divorce

Legal separation is a formal court process that allows spouses to live apart while still remaining legally married. It can be a valuable alternative for couples who need time or space without committing to a final divorce.

Benefits of Legal Separation in Colorado

Legal separation in Colorado involves filing similar documents to those used in divorce, including parenting plans, financial disclosures, and property division agreements. The court can issue orders related to child custody, support, and property division—just as in divorce—offering legal protections without dissolving the marriage.

This approach can provide:

• Time for reflection or reconciliation.
• Continued access to benefits like health insurance.
• A smoother transition to divorce, if that path is ultimately chosen.

Financial Protections Through Legal Filing

Whether filing for divorce or legal separation, taking legal action can freeze certain financial activities. This prevents either party from hiding assets, incurring unreasonable debt, or making significant financial changes without court approval. For individuals concerned about financial misconduct, filing early may be a protective step.

3. Prioritizing Your Children’s Emotional and Psychological Well-being

Divorce can have a lasting impact on children, making it essential to consider their emotional and psychological wellbeing throughout the process. Parents must recognize that while they are separating from their spouse, their children will have to adjust to a completely new family dynamic.

Long-Term Impact on Children

Divorce affects children in different ways depending on their age, personality, and the level of conflict between parents. Some children adjust quickly, while others struggle with emotional and behavioral challenges. Minimizing conflict and fostering stability can help children transition more smoothly.

Addressing Co-Parenting Conflicts

Many parents believe that once they divorce, their conflicts with their ex-spouse will disappear. However, unresolved disputes often persist post-divorce, particularly regarding parenting time and decision-making. Establishing clear, child-focused communication strategies can reduce the likelihood of ongoing conflict.

Loss of Control Over Parenting Decisions

One of the most challenging aspects of divorce for parents is the loss of sole decision-making power. Colorado law often prioritiesshared parenting responsibilities, meaning both parents must agree on major decisions affecting their child’s health, education, and wellbeing. Adjusting to a co-parenting arrangement requires patience, flexibility, and cooperation.

Challenges for Stay-at-Home Parents

For stay-at-home parents, divorce often presents unique challenges. Some may assume they will automatically retain full custody, but Colorado courts base parenting time on the child’s best interests, not a parent’s past role. Stay-at-home parents may also need to seek employment or financial support to maintain stability post-divorce.

Colorado’s “Best Interest” Standard

Colorado courts use the “best interest of the child” standard to determine parenting time and decision-making responsibilities. There are many factors, including: 

• The child’s relationship with each parent.
• Each parent’s ability to provide for the child’s needs.
• The mental and physical wellbeing of both parents.
• The child’s preference (if of sufficient age and maturity).
• Each parent’s ability to affirm the love and the affection of the child to the other parents.
• Each parent’s ability to put the child’s needs first.
• The mental and physical health of the parents and child.
• The physical proximity of the parents.

Understanding how courts assess custody and parental responsibilities can help parents set realistic expectations and prepare for a co-parenting future.

4. Understanding Financial Implications

Divorce brings significant financial changes, making it essential to understand how assets, debts, and financial responsibilities will be divided. Colorado follows equitable division laws, which means that assets and debts are divided fairly but not necessarily equally.

Equitable Division of Assets and Debts

Many people assume that marital property is divided 50/50, but in Colorado, the courts consider multiple factors, including:

• Each spouse’s financial contributions to the marriage.
• The value of separate property brought into the marriage.
• Future earning potential of each spouse.
• The economic situation of each spouse post-divorce.

This means that while one spouse may receive a larger share of assets, another may assume more of the marital debt.

Common Misconceptions About Post-Divorce Finances

Many individuals going through a divorce mistakenly believe they will receive full ownership of marital property or expect unrealistic amounts in spousal support. Courts strive for fairness, which may not align with personal expectations. Understanding your financial rights and responsibilities early in the process can help set realistic goals.

Child Support and Spousal Maintenance (Alimony)

In Colorado, child support and spousal maintenance are determined based on specific legal guidelines:

• Child support is calculated using a formula that factors in both parents’ incomes, the number of children, and parenting time, along with a few other pieces such as payment for health insurance for the children
• Spousal maintenance (alimony) is awarded based on a variety of factors including the duration of the marriage, the financial situation of each spouse, and the recipient’s ability to become self-sufficient.

Understanding these guidelines can help divorcing spouses anticipate their post-divorce financial situation.

Income Imputation and Financial Responsibilities

In some cases, courts may impute income to a spouse who is unemployed or underemployed. This means the court will assign an estimated income based on past earnings, education, and job opportunities, ensuring both parties contribute fairly to financial obligations post-divorce.

Financial Sustainability Post-Divorce

After divorce, financial independence becomes a crucial consideration. This includes:

• Budgeting for a new household and potential relocation.
• Adjusting to a single income or seeking employment.
• Understanding long-term financial commitments, including child support or alimony payments.

Carefully evaluating financial sustainability before filing for divorce can help individuals plan for a stable future.

5. Anticipating Day-to-Day Life Changes

Divorce doesn’t just affect legal and financial matters—it also dramatically alters everyday life. Transitioning to a single-parent household requires careful planning and emotional adjustment for both parents and children.

Adjusting to a New Routine as a Single Parent

For many, divorce means adapting to new schedules, responsibilities, and household dynamics. Parents who previously shared duties under one roof will now need to coordinate schedules, school drop-offs, extracurricular activities, and medical decisions separately.

Increased Involvement from the Other Parent

Some parents assume they will continue handling most child-related responsibilities post-divorce. However, in many cases, the other parent becomes more involved than before, particularly when equal parenting time is granted. This can be an adjustment for both parents and children, requiring flexibility and patience.

Shared Decision-Making Between Co-Parents

Under Colorado law, co-parents often share decision-making responsibilities related to their children’s education, healthcare, and general welfare. This means that even if you were the primary decision-maker during the marriage, you may now need to consult and compromise with your co-parent on critical issues.

Challenges in Parenting Styles Between Households

Once parents establish separate households, differences in parenting approaches often become more apparent. From discipline styles to bedtime routines, navigating inconsistencies can be frustrating. The key to reducing conflict is focusing on mutual respect and prioritizing what’s best for the child rather than personal preferences.

Loss of Control Over Certain Aspects of Children’s Upbringing

Divorce often leads to the realization that you no longer have full control over every aspect of your child’s life. Co-parenting requires compromise, and there will likely be times when decisions are made that you don’t agree with. Understanding this reality and learning to manage expectations early on can help reduce stress and improve communication with your co-parent.

6. Considering Future Relationships and Relocation

Divorce marks the end of one chapter but also opens the door to new relationships and potential life changes. While moving forward is a natural step, it’s essential to consider how new relationships and relocation can impact co-parenting dynamics and custody arrangements.

Potential Complications from New Relationships

Entering a new relationship after divorce can bring emotional and logistical challenges, especially when children are involved. A new partner can change family dynamics, requiring careful consideration of how the introduction of a significant other may affect your co-parenting relationship. It’s important to:

• Communicate openly with your co-parent about introducing new partners to your children.
• Be mindful of how a new relationship may impact your child’s emotional wellbeing.
• Follow any court agreements regarding introducing new partners to your children.

The Impact of Parental Relocation on Custody Arrangements

Relocation after divorce can be complicated, particularly when children are involved. Moving to a new city or state can disrupt custody schedules, schooling, and a child’s relationship with both parents. If a parent wishes to relocate, they must:

• Notify the other parent and seek agreement.
• File a petition with the court if the co-parent does not consent.
• Prove that the move is in the best interest of the child.

Legal Challenges of Moving Out of State with Children

Colorado law requires that any significant relocation must be approved by both parents or, if contested, by the court. The court will consider several factors when deciding whether to grant a relocation request, including:

• The reason for the move (e.g., job opportunity, family support, better living conditions).
• The potential impact on the child’s relationship with the other parent.
• Whether the move benefits the child’s wellbeing and stability.

Planning for Long-Distance Co-Parenting Scenarios

If relocation is approved, parents must create a new parenting plan that accounts for long-distance co-parenting. This may include:

• Adjusted visitation schedules (e.g., extended summer or holiday visits).
• Virtual communication options to maintain regular contact with the child.
• Travel arrangements and cost-sharing agreements for visits.

Planning ahead and working with a divorce attorney in Colorado can help parents navigate the complexities of relocation and ensure a parenting plan that supports the child’s best interests.

7. Preparing for Shared Parental Control and Decision-Making

Divorce brings significant changes to parenting dynamics, particularly when it comes to decision-making. Parents who previously handled all child-related decisions independently must now often work within a shared legal framework that prioritizes cooperation.

The Shift from Sole to Joint Decision-Making

Colorado courts generally prioritize shared parental responsibility, meaning that both parents have equal input in major decisions regarding their child’s upbringing. This includes choices about education, medical care, religious upbringing, and extracurricular activities on shared time and with shared costs. While this arrangement promotes balanced involvement, it can also present challenges, especially when parents have differing views.

The Importance of Maintaining a Cooperative Co-Parenting Relationship

A successful co-parenting arrangement requires communication, compromise, and respect. While conflicts may arise, keeping the focus on the child’s wellbeing can help parents navigate disagreements effectively. Some strategies to foster a healthy co-parenting relationship include:

• Using written communication or co-parenting apps to avoid misunderstandings.
• Setting clear boundaries and expectations regarding decision-making responsibilities.
• Attending mediation or counseling if conflicts become unmanageable.

Colorado’s General Preference for Shared Parenting Responsibilities

Colorado law generally prioritizes joint parental responsibility to ensure both parents remain active in their child’s life post-divorce. Courts assess factors such as:

• Each parent’s ability to provide a stable environment.
• The child’s existing relationship with both parents.
• Each parent’s willingness to cooperate in decision-making.
• The best interests of the child, as determined by the court.

While equal responsibility is the goal, the court may grant sole decision-making power to one parent if shared decision-making proves unworkable or is not in the child’s best interest.

Understanding the Court’s Perspective on Parenting Rights and Responsibilities

Courts evaluate parenting rights and responsibilities based on what is best for the child rather than the desires of either parent. Factors such as past involvement in the child’s upbringing, the ability to communicate effectively, and any history of domestic abuse or neglect play a role in custody decisions.

For parents navigating these changes, consulting a divorce attorney in Colorado can help clarify rights, responsibilities, and best practices for effective co-parenting.

8. Personal Reflection and Self-Awareness

Divorce is not just a legal and financial process—it is an emotional and personal transformation. Before proceeding, it is crucial to take the time for deep self-reflection and assess whether divorce is the right choice for your future.

The Importance of Self-Reflection Before Filing for Divorce

Filing for divorce is a life-altering decision that requires careful thought. Before taking this step, ask yourself:

• Have I exhausted all possible avenues for saving the marriage, such as counseling or mediation?
• Am I prepared for the emotional and financial consequences of divorce?
• What are my long-term goals, and does divorce align with them?

Being honest with yourself about your reasons for divorce and your ability to handle the changes ahead will help you make a more informed and confident decision.

Assessing Your Emotional and Mental Well-Being

Divorce can be emotionally draining. Feelings of sadness, anger, fear, or relief are all natural responses to the end of a marriage. It is essential to evaluate whether you have the emotional resilience and support system needed to navigate the divorce process.

Consider seeking therapy or counseling to help process your emotions and gain clarity on whether divorce is the right path. Having professional guidance can be invaluable in managing stress and making sound decisions throughout the transition.

Recognizing the Trade-Offs Between Staying in a Marriage and Leaving

Every major decision in life comes with trade-offs. Staying in a marriage may provide financial security, stability for children, and emotional familiarity, but it may also mean enduring a relationship that no longer serves your wellbeing. On the other hand, leaving a marriage can lead to personal freedom, growth, and the opportunity for a healthier future, but it also comes with challenges such as co-parenting conflicts, financial adjustments, and emotional upheaval.

Understanding the potential benefits and drawbacks of divorce can help you weigh whether it is the right choice for you and your family.

Evaluating Whether Divorce Aligns with Your Personal Values and Future Goals

Before filing for divorce, consider whether it aligns with your core values and long-term vision for your life. Ask yourself:

• Am I seeking divorce for the right reasons, or am I reacting to temporary emotions?
• How will this decision impact my children, career, and personal goals?
• What kind of future do I envision for myself, and does divorce support that vision?

Having clarity on these questions will help you move forward with confidence, whether you decide to proceed with divorce or work toward reconciliation.

9. Building a Strong Support Team

Going through a divorce is not a journey you should take alone. Assembling a strong support team can help you navigate the legal, emotional, and financial complexities of the process.

The Importance of a Reliable Support System

Divorce can be overwhelming, so having a solid support network of professionals and trusted individuals can make a significant difference. Surrounding yourself with supportive friends, family, and professionals will help you make informed and rational decisions.

Consulting with Attorneys, Financial Advisors, and Therapists

Before filing for divorce, consider consulting professionals who can provide expert guidance:

• Divorce attorneys: An experienced divorce attorney in Colorado will help you understand your rights, obligations, and options, ensuring that your interests are protected throughout the process.
• Financial advisors: A financial expert can help you assess your post-divorce financial situation, including asset division, budgeting, and long-term financial planning.
• Therapists or counselors: Emotional support is just as critical as legal and financial guidance. A therapist can help you process emotions, manage stress, and develop coping strategies for you and your children.

The Role of Evidence Collection in Cases Involving Coercive Control or Abuse

If your divorce involves issues such as coercive control, financial abuse, or domestic violence, gathering evidence is crucial. Documenting incidents, saving financial records, and keeping communication records can help strengthen your case in court. Working with an attorney who understands these situations can ensure that you take the necessary legal steps to protect yourself and your children.

Seeking Legal Counsel Before Filing

Many people assume they need to file for divorce before seeking legal counsel, but early consultation with an attorney can provide critical guidance. A divorce attorney in Colorado can help you:

• Evaluate your legal options and potential outcomes.
• Understand how state laws affect asset division, child custody, and support obligations.
• Develop a strategic approach to ensure a smoother transition.

Preparing ahead of time and consulting with experts will give you the confidence and clarity needed to make informed decisions about your divorce.

10. Strategic Timing and Approach

The timing of when and how you file for divorce can significantly impact the outcome of your case. Proper planning and a strategic approach can help ensure a smoother legal process and better long-term results.

The Importance of Gathering Evidence Before Filing

If your divorce involves disputes over finances, child custody, or allegations of abuse, gathering evidence before filing is essential. This may include:

• Financial records such as bank statements, tax returns, and property documents.
• Documentation of coercive control or domestic violence, including police reports or written correspondence.
• Proof of child care responsibilities, work schedules, and medical records to support parenting claims.

Having these documents ready before filing can help streamline the legal process and strengthen your case.

Evaluating the Best Time to Initiate Legal Proceedings

While some individuals rush to file for divorce due to emotional distress, timing can play a crucial role in determining financial and custody outcomes. Factors to consider include:

• Whether waiting until after a financial event (such as a work bonus or property sale) would be beneficial.
• How the timing of the divorce filing may affect tax implications.
• The impact on children’s school schedules and stability.

Consulting with a divorce attorney in Colorado before filing can help determine the optimal timing based on your unique situation.

Understanding the Benefits of Mediation vs. Litigation

Not all divorces require a courtroom battle. Mediation approaches can often lead to better outcomes with lower legal costs.

• Mediation: Involves a neutral third party helping spouses reach mutually acceptable agreements on issues such as property division, child custody, and support.

Mediation prioritizes problem-solving and can reduce the stress and expense of traditional litigation.

The Importance of Hiring an Attorney Who Prioritizes Problem-Solving

The attorney you choose can significantly impact the direction of your divorce. A lawyer who prioritizes settlement, negotiation, and child-focused solutions can:

• Help avoid unnecessary conflict and costly litigation.
• Ensure your interests are protected while promoting fair outcomes.
• Advocate for resolutions that minimize emotional distress for children.

Choosing an attorney who values collaboration over aggressive litigation can lead to more favorable and amicable outcomes.

Considering Alternative Dispute Resolution Options

In addition to mediation and collaborative divorce, Alternative Dispute Resolution (ADR) methods such as arbitration and parenting coordination can help resolve disputes efficiently.

• Arbitration: A neutral third party makes legally binding decisions on contested issues outside of court.
• Parenting coordination: Helps parents resolve custody conflicts while keeping the focus on the child’s wellbeing.

Exploring these options can help divorcing couples reach agreements faster and with less animosity.

Conclusion & Call to Action

Filing for divorce is one of the most significant decisions you may face, and it requires careful thought and planning. Taking the time to evaluate each factor—your finances, parenting responsibilities, emotional wellbeing, and legal rights—will help you make informed choices that align with your best interests.

The ultimate goal of divorce should always be to prioritize the well-being of your children while ensuring a fair and sustainable resolution for both parties. By assembling a knowledgeable and supportive team, including legal, financial, and emotional professionals, you can navigate this transition with confidence and clarity.

If you are considering divorce in Colorado and need personalized guidance, Children First Family Law is here to help. Krista Nash and her team are committed to providing compassionate, child-focused legal solutions that protect your rights and prioritize your family’s future.

📞 Call Children First Family Law today at (720) 252-9638 or schedule a consultation online at https://childrenfirstfamilylaw.com/contact/ to get the support and legal advice you need.