Meeting with a divorce attorney for the first time can feel overwhelming. Whether you’re just exploring your options or preparing to file, what you say—and don’t say—can significantly shape your case. At Boal Law, we aim to make the process clearer and less intimidating.
Here are the 10 most common mistakes people make during their initial divorce consultation, and practical ways to avoid them:
1. Not Bringing Basic Financial Information
Many people arrive empty-handed. While you don’t need full tax returns, it helps to bring:
- A recent pay stub
- A rough list of assets (home, vehicles, retirement)
- A list of debts (mortgage, credit cards, loans)
Pro Tip: Even a handwritten summary helps us evaluate spousal maintenance, child support, or property division under C.R.S. § 14‑10‑114 and § 14‑10‑115.
2. Focusing Only on “Winning”
Divorce isn’t about winning—it’s about equitable resolution. People who frame the consultation as a battle often overlook practical options.
Pro Tip: Be open to legal strategy, not just emotional justice. Colorado is an equitable distribution state, not necessarily equal (C.R.S. § 14‑10‑113).
3. Not Mentioning Domestic Violence or Safety Concerns
Many hesitate to mention abuse or coercion out of fear or shame. But it affects parenting plans, protection orders, and court safety.
Pro Tip: Confidentially disclose any history of abuse. You may be eligible for emergency relief under C.R.S. § 13‑14‑104.5.
4. Leaving Out Details About Children
Don’t just say “we’ll figure it out.” Courts use the best interests of the child standard (C.R.S. § 14‑10‑124), so details matter.
Pro Tip: Be prepared to discuss school schedules, health issues, extracurriculars, and who’s handled day-to-day care.
5. Trying to Hide Assets or “Outsmart” the System
If you’re thinking of transferring money or concealing property—you’re not helping your case. Courts can impose penalties for bad faith or fraud.
Pro Tip: Be honest. Colorado requires sworn financial disclosures under Rule 16.2. Your credibility is your strongest asset.
6. Assuming They Don’t Need Legal Advice Yet
Even amicable divorces need planning. Waiting until “something happens” can limit your options.
Pro Tip: A consultation isn’t a commitment—it’s protection. Early legal advice helps preserve your rights and avoid future disputes.
7. Being Unclear About Goals
If you don’t know what you want—custody, the house, alimony—your lawyer can’t help prioritize.
Pro Tip: Come with a short list of goals and deal-breakers. That clarity guides strategic advice and negotiation planning.
8. Talking About What a Friend’s Divorce Looked Like
Every case is unique. What happened in your cousin’s case doesn’t reflect your facts, your judge, or Colorado statutes.
Pro Tip: Stay focused on your situation. Ask specific questions about your timeline, rights, and risks.
9. Forgetting to Ask About the Process
Many people leave their consultation unclear about what happens next—deadlines, filings, mediation, or hearings.
Pro Tip: Ask about the typical divorce process in your county (e.g., El Paso), and timelines for temporary orders, discovery, and final hearing.
10. Not Being Emotionally Prepared
Divorce is legal, but it’s also personal. Anger, grief, or fear can cloud judgment.
Pro Tip: Take notes. Bring a trusted friend if you need support. And remember—you don’t have to decide everything in one meeting.
A divorce consultation is your opportunity to gather information, understand your rights, and plan a path forward. Whether your split is high-conflict or cooperative, avoiding these common pitfalls helps you make the most of that first conversation.
Thinking of Filing for Divorce in Colorado?
Boal Law offers experienced, results-driven representation throughout the Colorado Springs region. Attorney Brian Boal personally handles each case—protecting your interests from consultation through resolution.
Schedule your confidential consultation today.