Filing for divorce is emotional. But once the Petition is filed, the legal process begins immediately, and the first 60 days often shape the entire case.
Many people assume nothing significant happens until the divorce is final. In Colorado, that assumption is incorrect. The early phase establishes financial boundaries, parenting structure, and courtroom credibility.
Here’s what typically happens in the first two months after a divorce is filed — and why it matters.
Step 1: The Petition Is Filed and Served
A divorce case begins when one spouse files a Petition for Dissolution of Marriage under Colorado law.
The other spouse must be formally served unless the parties file jointly. Once served, deadlines begin running immediately. The responding spouse has:
- 21 days to respond if served in Colorado
- 35 days to respond if served outside the state
(See Colorado Rule of Civil Procedure 12(a))
Once proper service occurs, the court obtains jurisdiction over both parties.
Colorado also requires a 91-day waiting period from the date of service (or joint filing) before a divorce can be finalized. See C.R.S. § 14-10-106.
That means the first 60 days occur well before a decree can legally enter — but they are far from idle.
Step 2: Automatic Temporary Injunction
Upon filing and service, an Automatic Temporary Injunction takes effect under C.R.S. § 14-10-107.
Both parties are restrained from:
- Transferring, concealing, encumbering, or disposing of marital property outside the ordinary course of business
- Canceling or altering insurance policies
- Harassing or disturbing the peace of the other party
- Removing minor children from Colorado without consent or court order
These orders are automatic. No hearing is required.
Violating the injunction can severely damage credibility and may result in court sanctions. Early financial or emotional missteps often follow a case for months.
Step 3: Mandatory Financial Disclosures (Within 42 Days)
Colorado divorce cases are governed by Rule 16.2 of the Colorado Rules of Civil Procedure, which requires mandatory financial disclosures.
Within 42 days of service, both parties must exchange detailed financial documentation, including:
- Income records
- Bank statements
- Retirement accounts
- Debt documentation
- Monthly expenses
These disclosures form the foundation for:
- Temporary child support
- Temporary spousal maintenance
- Property division
- Allocation of debt
Incomplete or misleading disclosures can undermine a party’s credibility and significantly affect temporary rulings.
Early transparency — or the lack of it — matters.
Step 4: Temporary Orders (If Needed)
Not every divorce requires a temporary orders hearing. Many do.
Temporary orders address immediate structure while the case is pending, including:
- Who remains in the marital residence
- Parenting time schedules
- Temporary child support
- Temporary spousal maintenance
- Responsibility for bills and expenses
If parties cannot reach agreement, the court may hold a temporary orders hearing. Judges typically review sworn financial affidavits and written arguments rather than live testimony.
Temporary orders remain in effect until modified or until final orders enter.
While not legally binding on the final outcome, courts often give weight to arrangements that have been functioning well and serving the child’s best interests.
In practice, temporary structures frequently influence permanent ones.
Step 5: Parenting Structure and Early Custody Expectations
If children are involved, Colorado courts prioritize stability from the beginning.
Under the “best interests of the child” standard in C.R.S. § 14-10-124, judges evaluate:
- Each parent’s ability to place the child’s needs first
- Willingness to encourage a relationship with the other parent
- Emotional stability and cooperation
Even in the first 60 days, courts expect parents to establish:
- A temporary parenting schedule
- A clear decision-making structure
- Appropriate communication boundaries
Early hostility, refusal to follow schedules, or attempts to manipulate parenting time can significantly impact how the court views a parent long term.
Judges are observing patterns from the outset.
Step 6: Mediation and Case Positioning
Most Colorado courts require mediation before a contested permanent orders hearing.
In some cases, mediation may occur early — particularly if temporary disputes are significant.
The first 60 days often determine:
- Financial leverage
- Parenting stability
- Negotiation credibility
By the time mediation occurs, patterns are already established.
This is not a waiting period. It is a positioning period.
Why the First 60 Days Matter
The beginning of a divorce sets the tone for the entire case.
During this period, the court observes:
- Compliance with court rules
- Accuracy and completeness of disclosures
- Financial restraint
- Parenting judgment
- Reasonableness under stress
Temporary orders can shape final outcomes. Parenting schedules that function well often remain in place. Financial patterns established early frequently carry forward.
Early strategy is often more important than courtroom arguments later.
Practical Takeaways
If you are in the early stages of divorce in Colorado:
- Do not transfer or dispose of assets without legal guidance
- Follow automatic injunctions carefully
- Provide full and accurate financial disclosures
- Treat temporary parenting schedules seriously
- Avoid emotional decisions that create legal consequences
The first 60 days are critical.
A Steady, Strategic Start
Divorce is rarely resolved within two months. But it is often shaped there.
Understanding what happens immediately after filing allows you to act deliberately rather than reactively.
If you have questions about temporary orders or the early stages of divorce in Colorado, experienced guidance early in the process can protect your long-term position.