I am looking to divorce my wife. I haven't done this before and I want to do this as amicably as possible. I would really appreciate guidance and assistance with understanding the process and answering some questions

Divorce isn’t an easy decision, but if you and your wife can approach the process with an emphasis on cooperation and fairness, then it is possible to experience an amicable divorce. If you have children together, this is one of the best approaches you can take to ensure the healthiest outcome for them and for you as co-parents. 

Couples who can agree on the terms of a separation agreement together have a better chance of an amicable divorce. A written separation agreement addresses:

• How marital property and debts will be divided

• If you have children, how much time they will spend at each of your homes (called Parenting Time)

• Whether one of you will make major decisions for the kids, or if you’ll make them together

• Support payments, such as spousal maintenance (aka alimony) and child support

It’s relatively common for couples who wish to have an amicable divorce to not agree on every single issue. That’s where mediation can help. If you can agree on some or most of these issues above, then a mediator can help you reach a middle ground on the others. As long as the court finds the separation agreement is reasonable and fair for both of you, then it will become part of the terms of your divorce.

Now, you asked about the divorce process. From a 30,000-foot view, it appears relatively straightforward. As long as you meet some basic requirements, you can, theoretically, be granted a divorce after a few months. That is the best-case scenario. In order to file for divorce in Colorado, you or your wife must have lived here for at least 91 days prior to filing the petition for divorce. If you have children together, any minor children must have lived here for at least 182 days before you can file. 

Once you file, there’s a 91-day waiting period, during which time you’ll complete all the required paperwork, such as your Sworn Financial Statement, Property and Financial Agreement, Support Order, and child-related forms. If you have children, you’ll also complete a required parenting class on how to co-parent and help your child(ren) through the divorce transition.

You must also take great care to obey the temporary court injunction, which requires that you not do anything with marital property, like sell it or borrow against it, without your spouse’s or the court’s approval. You also can’t stop paying for or make changes to any insurance policies without your spouse’s written consent or a court order. 

This is a high-level overview of Colorado divorce and how you can approach it amicably. I encourage you to speak with a family law attorney who can offer personalized guidance. If you’d like to meet with someone at our firm, you can book a consultation online or call us 303-688-0944 to set up a time that’s convenient for you.