SHOULD I TALK TO A LAWYER IF MY HUSBAND WANTS A DIVORCE?
If your husband has told you he wants a divorce, you are probably somewhere between shock and exhaustion right now. Maybe you saw it coming. Maybe you did not. Either way, the question you are asking is a fair one, and the honest answer is not complicated.
Yes. Talk to a lawyer. Not because you have to fight, and not because you have already given up on the marriage. Talk to a lawyer because Colorado attaches real deadlines and real consequences to a divorce filing, and because understanding your position early costs far less than repairing a decision made without information.
TABLE OF CONTENTS
- You Cannot Stop It, But You Are Not Powerless
- What Happens The Moment He Files
- How A Case Moves In El Paso County
- What Is Actually Being Decided
- Practical Steps For This Week
- When To Call Today, Not Next Week
- Talking With A Colorado Springs Attorney
- Sources
YOU CANNOT STOP IT, BUT YOU ARE NOT POWERLESS
Colorado is a purely no fault state. The only ground for ending a marriage is that it is irretrievably broken, and either spouse may file alone under C.R.S. 14-10-106. Your husband does not need your permission, and he does not need to prove that anyone did anything wrong.
There is one narrow wrinkle. Under C.R.S. 14-10-110, if you deny under oath that the marriage is irretrievably broken, the court must weigh the circumstances and the prospect of reconciliation. It can then either make its finding or continue the matter for 35 to 63 days and suggest counseling.
In practice, that provision delays a case rather than prevents one. The point worth holding onto is different and more useful. You cannot control whether the marriage ends, but you have substantial influence over the terms on which it ends.
WHAT HAPPENS THE MOMENT HE FILES
Filing is not just paperwork. The moment a petition is filed and you are served or you accept service, an automatic temporary injunction binds both of you under C.R.S. 14-10-107. Neither spouse may transfer, hide, or dispose of marital property outside the usual course of business or the necessities of life.
The same injunction bars either of you from disturbing the other's peace, from taking the children out of Colorado without written consent or a court order, and from canceling or letting lapse health, home, auto, or life insurance without fourteen days' notice and written consent.
Two deadlines start running immediately, and both matter:
- Your response. If you were served inside Colorado, your Response is due within 21 days. If you were served outside Colorado or by publication, you have 35 days. Missing that window can limit what you are able to ask the court for later.
- The 91 day wait. No decree can enter until at least 91 days have passed since service, or since filing if you filed jointly. That waiting period cannot be shortened or waived.
Those 91 days are not dead time. They are the window in which financial disclosures are exchanged, temporary orders are entered, and most settlements are actually built.
HOW A CASE MOVES IN EL PASO COUNTY
Divorces here are heard in the Fourth Judicial District, which covers El Paso and Teller counties, at the district courthouse at 270 South Tejon Street in Colorado Springs. The local process has its own rhythm, and knowing it removes a great deal of the fear.
Within 42 days of filing, you and your husband must attend a mandatory Initial Status Conference. It is usually held with a Family Court Facilitator rather than a judge, and its purpose is to introduce you to the process, set deadlines, and plan how the case will be resolved. Attendance is required, and failing to appear can cost you fees or your case.
Within 42 days of service, both of you must complete a Sworn Financial Statement and exchange full financial disclosures under Rule 16.2. Tax returns, pay stubs, account statements, retirement plans, debts, and insurance all go on the table. If your husband handled the money during the marriage, this is the mechanism that makes his finances visible to you.
Mediation or another alternative dispute resolution process is mandatory in the Fourth Judicial District for any domestic case with contested issues, unless the court waives it. If you have children under 18, both parents must also complete a Level 1 parenting seminar within 42 days of filing.
WHAT IS ACTUALLY BEING DECIDED
Property And Debt
Colorado divides marital property equitably, which means fairly, not automatically in half. C.R.S. 14-10-113 governs the analysis, and whose name is on a title or an account often matters far less than people expect.
Spousal Maintenance
Maintenance is addressed under C.R.S. 14-10-114. The statute contains an advisory formula that applies where the marriage lasted at least three years and combined annual adjusted gross income is $240,000 or less, but the guidelines are advisory only and courts weigh a list of statutory factors. As of August 2025, that list expressly includes a history of domestic violence.
Your Children
Colorado does not use the word custody. It allocates parental responsibilities, meaning decision making and parenting time, according to the best interests of the child under C.R.S. 14-10-124. Every case involving children requires a parenting plan, and the court strongly prefers one the parents build themselves.
Military Families
With Fort Carson, Peterson and Schriever Space Force Bases, and the Air Force Academy in the area, a large share of Colorado Springs divorces involve a service member. Deployment, the Servicemembers Civil Relief Act, and the division of military retirement all add layers that a general form packet does not address.
PRACTICAL STEPS FOR THIS WEEK
- Gather copies of the last three years of tax returns, recent pay stubs for both of you, and current statements for bank, retirement, and investment accounts.
- Write down what you know about debts, including any you suspect but have not seen.
- Note the date you married and the date you separated, if you have separated.
- Keep your own copies somewhere only you can access, whether that is a personal email account or a trusted family member's home.
- Do not empty accounts, move assets, or change beneficiaries. Those steps tend to damage your position rather than protect it.
- Be careful with texts, email, and social media. They frequently become exhibits.
One more thing worth knowing. There is no right to a court appointed attorney in a Colorado divorce, and a self represented party is held to the same standards as a lawyer. That is a heavy load to carry alone while you are also grieving a marriage.
WHEN TO CALL TODAY, NOT NEXT WEEK
Most divorces can move at a reasonable pace. Some cannot. Reach out for help immediately if you have been served and the response clock is already running, if you believe assets are being moved or hidden, or if your husband is threatening to take the children out of state.
If you are afraid for your safety or your children's safety, that comes first. TESSA in Colorado Springs operates a 24 hour crisis line at (719) 633-3819, and protection orders are available through the courthouse independent of any divorce case.
TALKING WITH A COLORADO SPRINGS ATTORNEY
A first conversation with a family law attorney is not a commitment to litigate. It is a chance to understand what Colorado law says about your specific marriage, your finances, and your children, so that whatever you decide next, you decide it with your eyes open.
Many people find that the conversation itself lowers the temperature. Uncertainty is often heavier than the facts. If you would like to talk through where you stand, Moran, Allen & Associates handles family law matters throughout El Paso County and can walk you through your options.
This article is general information about Colorado law and is not legal advice. Every family's circumstances differ, and statutes, rules, and local procedures change. For guidance about your own situation, speak with a licensed Colorado attorney.
SOURCES
- C.R.S. 14-10-106, Dissolution of Marriage and Legal Separation
- C.R.S. 14-10-107, Commencement and Automatic Temporary Injunction
- C.R.S. 14-10-110, Irretrievable Breakdown
- C.R.S. 14-10-113, Disposition of Property
- C.R.S. 14-10-114, Spousal Maintenance and Advisory Guidelines
- C.R.S. 14-10-124, Best Interests of the Child
- Colorado Judicial Branch, El Paso County District Court
- Colorado Judicial Branch, Initial Status Conference