Skip to content

colorado divorce planning checklist

Your Divorce Planning Checklist

Our Fort Collins divorce attorneys have compiled a divorce checklist to provide general guidance for those who are divorcing. The COVID 19 pandemic is effecting divorces in Colorado and around the world.

The American Psychological Association reports between 40 and 50% of Americans will divorce. The Centers for Disease Control and Prevention tracks statistics on divorce, and their most recent divorce statistics can be found here. It is important to know you are not alone if you are contemplating divorce and preparing can help reduce stress and provide clarity as you take the necessary steps outlined in this checklist.

  1. Look at Your Goals

Imagine yourself a year from now and where you want to be. You need to have a vision, a goal. If you work with an attorney, your goals should be the priority, and our Fort Collins divorce attorneys will craft the strategy to best work towards your goals. Dream bigger and look further into the future, imagine yourself in the near future and beyond.

  • Where do you see yourself in a year? Financially? Personally? Physically?
  • Where do you see yourself in three years?
  • Where do you see yourself in ten years? Twenty years?
  • What do you want your life to look like?
  • What do you want your family to look like?
  • What do you want your relationship between you and your present partner to look like?
  • What do you want for your children?
  1. Know the Details

Information and resources for your children may need are critical, and should be prioritized if you contemplating divorcing. Consider the following;

  • Who are their friends and their friends’ families?
  • Who are their teachers? Include contact details.
  • Who are their medical providers?
  • Who are their extracurricular activities’ leaders?
  • What are their schedules?
  • Where are their beloved things? Your beloved things from them? (Artwork, trophies’, toys, first tooth, baby books, etc.)
  1. Plan / Know Your Finances

You have envisioned where you are going to be in one in five years and beyond year (if you followed one of the first suggestions in this blog ;). Now it is time to plan for the coming year and the divorce. While you know how to access your personal bank account you will want to consider other accounts that may be accessed infrequently or only accessible by your partner, such as retirement accounts. Working with professional financial planners should be considered. You can learn more about property division by clicking here.

  • What marital assets/debits are there? What access do you have to these? How liquid are they and how can you best optimize their value to you?
    • Bank accounts
    • Lines of credit
  • Real estate/mortgages – what is your equity in your real estate?
  • Investment accounts – what penalties might be levied if you withdraw early?
  • Retirement accounts – early withdrawal penalties
  • Personal property
    • Vehicles – are there loans?
    • Jewelry, what is separate property?
    • Artwork, intellectual property,
    • Cash under your bed
  • What difficulties might you have in accessing these marital assets?
    • Does your spouse hold the “key” to these assets?
    • Would they withhold them from you?
  • Do you have “separate property”, assets that you brought to the marriage, were gifted, or inherited?
  • What access to funding do you have outside of the marital assets? Family? Friends? New credit lines?
  • Build a budget:
    • What are your expenses?
      • Monthly/Weekly: Food, utilities, housing, transportation, kids, etc.
      • Yearly: Taxes
      • You are going to need a pot for attorney’s fees
    • What are your income streams

     4. Identify your Resources – Mental, emotional, physical in addition to the financial 

Divorce is one of the most stressful times you will go through. You need support.

  • Do you have family members you can rely on? Friends for support?
  • Make sure you have a counselors, therapists or other professionals who can provide expert advice.
  1. Your Spouse
  • When it comes to divorce, you will need to make some careful assessments about your spouse:
    • Are they reasonable?
    • Are they dangerous?
  • Do they have anger problems?
  • Do they have drug or alcohol problems?
  • Are they depressed? Are there fears of self-harm or suicide?
  • Are you safe?
  • Are your children safe?
  • Make a careful plan to tell your spouse in person, via phone, text message, telegram or smoke signal? Alternatively, you can leave it to your attorney to develop a plan, as your attorney has many ways of informing the other party of the divorce depending on the unique circumstances of your divorce. We have seen it all (except for the telegram or smoke signal).
  • Be cordial if possible. Often respect will save you thousands of dollars.

Be very careful of the fallout for you, your spouse, and any children you may have. The process server jumping out of the bushes and announcing “you have been served!” is an option, but not always the most productive option to inform your spouse you want a divorce. A professional letter and brief introductory call from your attorney to set the right tone?

6. If you have children, develop a thoughtful plan to tell them you are getting a divorce

  • If you have a family therapist, turn to them for suggestions, resources and support.
  • It doesn’t matter if your children are toddlers or have emancipated, this is no easy task. Your approach should consider your children’s emotional well-being.
  1. Identify where you need to file

The proper court is located in the county where the parties live, or where the responding spouse lives. If you have recently relocated you will need to speak with an attorney to determine where to file. In Colorado, you must reside in the county for a minimum of 91 days prior to filing.

  • If you are divorcing in Fort Collins, Loveland, Wellington, Berthoud, Estes Park or elsewhere in either Jackson or Larimer County you should file in Larimer County in the 8th Judicial District.
  • If you are divorcing in Greeley you should file in Weld County in the 19th Judicial District.
  • If you reside in Windsor you need to determine which county you live, either Larimer or Weld County
  • You can learn more about the divorce filing process by clicking here.

This blog explores some divorce checklist items and questions for you to consider if you are facing a divorce in Colorado. If you are planning for divorce in private, check out our 5 Steps for Planning for Divorce in Private for helpful tips. Our divorce attorneys can take cases throughout Colorado, and commonly have cases in Northern Colorado including Greeley and Fort Collins, as well as Loveland and Windsor. However, given the trend of Courts allowing video appearances at conferences and trials our Fort Collins divorce attorneys can now accept cases outside of the Front Range. Contact us for a consultation with one of our attorneys to discuss your plans for divorce and how an attorney can help you navigate the many complexities of divorce.

Fort Collins Divorce Attorney's


December 19, 2022
How Is a Business Valued in a Divorce?

Like other assets, businesses owned by divorcing spouses may be subject to the rule of equitable distribution in divorce. If a business is considered marital property, it will need to be valued to determine its worth so that a fair division of assets can be made. In general, a business that one or both spouses […]

November 14, 2022
Can You Divorce Without Splitting Assets?

When married couples split up, dividing assets is often one of the most sensitive and contentious issues they face. Can you divorce without splitting assets? Not every asset that you own is subject to division, so, yes, you may be able to divorce without splitting all of your assets. If there is a particular marital […]

October 12, 2022
Is Smoking Pot Grounds for Divorce?

Can Marijuana Use Affect a Divorce Case? With the legalization of marijuana for recreational use in Colorado, there has been increased research into the effects of the drug – including its effects on marriage. If your spouse uses too much marijuana you may wonder, Is smoking pot grounds for divorce? If you are concerned about […]

September 30, 2022
9 Things about Social Media During Divorce You Don’t Want Your Spouse to Know

Social media is a regular part of life for many people. That also means that social media can affect your divorce. For regular users, we check on what friends are up to and learn about local events. We post about our trips, our pets, our favorite restaurants or cooking accomplishments, about our kids’ achievements. Some […]

Testimonials

  • "I am very appreciative of Toms services. English is a second language to me, and this process seemed difficult because of that barrier. He was very patient and thorough making sure I understood everything before he proceeded. I will recommend him to everyone! He truly cares about you, as does his wonderful, helpful team"

    Abigail
    Review from AVVO

  • "I had a very challenging case, one that could have had indefinite financial consequences. Tom Cossitt evaluated my case and identified several strategies for moving forward. I chose one and Tom developed and implemented that strategy with speed and with the utmost in professionalism. The documents he drafted on my behalf, based on extensive research and case law / precedent were thorough and comprehensive. When the Court ruled, it used the arguments as developed by Tom Cossitt verbatim in its decision, and the case was decided in my favor. Needless to say, I was pleased beyond words. Based on my experience and the outcome of my case, I would highly recommend Tom Cossitt to anyone requiring the services of a family law attorney."

    Dan
    Review from Google

  • "I met with as many as 10 different attorneys before coming across Thomas. After our initial consultation, I was very pleased with his knowledge and realistic expectations. During the really tough time, Thomas kept me calm and helped tremendously to get custody of my daughter. He kept me informed on what was going on and would ask for my input; if it was something that was unrealistic or could be done a different way, Thomas would tell me right away. During the hearings, he was amazing. He kept a professional attitude and was great at cross examinations. He took in all of the facts and evidence, and was able to present them efficiently and effectively. Ultimately helping me gain custody of my child."

    Mitchell
    Review from AVVO

The Cossitt Difference: Fort Collins Divorce Attorneys That Care

AFCC Colorado Logo
Law Week Colorado Logo
Colorado Bar Assocation Logo
Fort Collins Chamber Logo
Super Lawyers Logo
Lead Counsel Verified Logo
Avvo Client's Choice Logo
Expertise Logo

Schedule a Consultation with one of our Fort Collins Family Law Attorneys

(970) 488-1887
linkedin facebook pinterest youtube rss twitter instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter instagram