Just Served Divorce Papers in Colorado? Your First Steps and Deadlines.
Getting served with divorce papers is disorienting, even if you saw it coming. Your mind starts racing through worst-case scenarios: your kids, your house, your finances, your future. Take a breath. What you do in the next few days matters, but there is time to do this right.
Here's a clear, practical guide to your first steps.
1. Read Everything, Then Read It Again
The paperwork you received likely includes a Summons and a Petition for Dissolution of Marriage.
It's natural to open that Petition expecting a long list of demands, but in most cases it says far less than people fear. Colorado law only requires the Petition to state that the marriage is irretrievably broken, which simply means there's no reasonable chance the parties will get back together. Beyond that, the Petition typically asks the court to establish jurisdiction over the marriage itself, and make decisions about property, debts, and, if you have children together, parenting matters later. It usually doesn't spell out specific requests at this stage. The Petition also states general information about the parties and statements of the law, including automatic orders. Read it carefully so you understand what's actually being asked, rather than what you imagine might be being asked.
Don't panic if some of the requests seem extreme. A petition often reflects an opening position, not a final outcome.
2. Note Your Deadline
You have a limited window to file a Response, and it's usually shorter than people expect. Under Colorado Rules of Civil Procedure, if you were served within Colorado, you generally have 21 days to respond to the Petition. If you were served outside the state or by publication, the window is usually 35 days, though you should talk to an attorney to ensure that jurisdiction is proper.
It's important to respond within this window. Your Response isn't just a formality. It's your opportunity to tell the court what you're asking for, and to correct or add anything the Petition left out or got wrong. If a specific request isn't made in your Response, you may lose the ability to raise it later. For example, if a request for maintenance, which is what Colorado calls spousal support or alimony, isn't included in your Response, the court may treat that request as waived and decline to consider it down the road. Mark the deadline immediately and treat it as non-negotiable. If you're unsure how or when you were served, that's a question for your attorney right away, not something to guess at.
3. Don't Respond to Your Spouse Out of Anger
It's tempting to call, text, or confront your spouse right after being served. Resist that urge. Anything you say, especially in writing, can end up as evidence before the Court later. Give yourself space before you communicate about anything related to the case.
4. Avoid Big Financial Moves
Don't empty joint accounts, take out new loans, or make large purchases before speaking with an attorney. In Colorado, an automatic temporary injunction goes into effect the moment you're served, under C.R.S. § 14-10-107(4)(b)(I). It restricts both spouses from transferring, hiding, or disposing of marital property outside the usual course of business or ordinary living expenses, and it also blocks either spouse from canceling insurance coverage or removing children from the state without consent. This injunction stays in place until the case is resolved.
Making financial moves before you understand these rules, even ones that feel like self-protection, can be used against you later in the case.
5. Start Gathering Your Documents
While the details are fresh, start collecting:
Recent tax returns
Pay stubs and income records
Bank and credit card statements
Retirement and investment account statements
Mortgage or lease documents
Any prenuptial or postnuptial agreements
Having these organized early will save you time and stress later, and will help your attorney understand your full financial picture.
6. Think About Your Children, Not Your Case
If you have kids, try to keep their routine as stable as possible. Avoid discussing the divorce details with them or asking them to take sides. Courts pay close attention to how each parent behaves during this period, and keeping your children's stability front and center is both the right thing to do and good for your case.
7. Talk to a Family Law Attorney Before You File Anything
This is the step that matters most. An attorney can review the petition, explain your deadline, and help you understand what a response should include. Filing your own response without guidance can lock you into positions that are hard to undo later.
Does Being Served First Put You at a Disadvantage?
One of the biggest fears people have after being served is that their spouse now has the upper hand simply because they filed first. In Colorado, that isn't how it works.
Colorado is a no-fault state under C.R.S. § 14-10-106, meaning the court doesn't decide the case based on who filed or who caused the marriage to end. The only legal standard is whether the marriage is irretrievably broken.
Property is divided equitably under C.R.S. § 14-10-113, based on what the court considers fair, not on who filed the petition.
The spouse who files first may get to choose the filing county if more than one applies, and they frame the initial requests. But those are procedural details, not advantages that decide the outcome. What actually shapes a case is preparation: understanding your finances, meeting your deadlines, and having good legal guidance from the start.
You Don't Have to Figure This Out Alone
Being served with divorce papers can feel like the ground shifting under you, but the decisions you make now don't have to be made in isolation. At Rider Goodwin Law, we help clients understand exactly what they're facing and what their options are, from the first conversation through the final decree.
If you've recently been served with divorce papers, reach out to our office. We can walk through your situation with you and help you figure out your next step.
Frequently Asked Questions
How long do I have to respond to divorce papers in Colorado?
Generally 21 days if you were served within Colorado, and 35 days if you were served outside the state. Confirm your specific deadline with an attorney as soon as possible.
What happens if I don't respond in time?
You may lose the chance to ask the court for certain things later. For example, if you don't request maintenance (spousal support) in your Response, the court may treat that request as waived. Responding on time protects your ability to have your side heard.
Does filing first give my spouse an advantage in the divorce?
No. Colorado is a no-fault, equitable division state. Filing first doesn't determine who gets the house, custody, or support. What matters is the facts of the case and how well each side prepares.
Do I have to move out of the house after being served?
Not unless there's a genuine safety concern. Leaving the home doesn't mean giving up your ownership interest, but it can affect the practical living arrangement while the case is pending, so it's worth discussing with an attorney before making that decision.
Can I use joint money to pay for a divorce attorney?
Yes, and large or unusual withdrawals can raise concerns under Colorado's automatic temporary injunction. Talk to an attorney before moving significant funds.
Talk to Rider Goodwin Law Today
If you were just served with divorce papers, don't wait until your deadline is close to get answers. Contact Rider Goodwin Law today to schedule a consultation and get clear guidance on your next steps.