Schedule Consult

What to Do After Being Served Custody or Divorce Papers in Colorado: Your Action Plan

Divorce and Separation  |  Child Custody and Visitation  |  Child Support  |  Collaborative Law  |  Contempt/Enforcement  |  Protection Orders

Latest Post

Getting served with custody or divorce papers can be one of the most shocking and overwhelming experiences of your life. Whether you saw it coming or it completely blindsided you, those legal documents represent a serious legal proceeding that demands immediate attention and action.

If you’ve been served with custody or divorce papers in Colorado, you’re likely feeling scared, confused, and unsure about what comes next. The good news is that you’re not powerless in this situation. Understanding your rights, deadlines, and options is the first step toward protecting yourself and your family.

As experienced family law attorneys serving Denver and the surrounding areas, we’ve guided countless clients through this exact situation. This guide will walk you through everything you need to know about responding to custody or divorce papers in Colorado, from your immediate first steps to long-term strategy.

Understanding What You've Been Served: Types of Legal Papers

Before taking any action, it’s crucial to understand exactly what type of legal papers you’ve received:

Divorce Papers (Petition for Dissolution of Marriage)

This document officially starts the divorce process. It typically includes:
  • The petitioner’s requests for property division
  • Spousal maintenance (alimony) demands
  • Child custody and support arrangements
  • Other relief sought by your spouse

Custody Papers (Petition for Allocation of Parental Responsibilities)

These papers seek to establish or modify child custody arrangements, including:
  • Parenting time schedules
  • Decision-making authority
  • Child support modifications
  • Relocation requests

Temporary Orders

These may accompany either type of petition, requesting immediate court intervention on issues like:
  • Temporary custody arrangements
  • Temporary financial support
  • Exclusive use of the family home
  • Protection from harassment

Your Critical Timeline: Colorado's Response Deadlines

This is the most important information you need to know: Colorado law requires you to respond to custody or divorce papers within 21 days if you live in Colorado, or 35 days if you live out of state.

Why These Deadlines Matter

If you fail to respond within the required timeframe, you risk having a default judgment entered against you, which means you give up your chance to contest matters of child custody, property division, and spousal maintenance. The court can proceed without your input, potentially resulting in:

  • Unfavorable custody arrangements
  • Unequal property division
  • Excessive spousal support obligations
  • Loss of important parental rights

Action Plan

  1. Calendar the response deadline based on the date of service; 
  2. Begin making an outline of the facts and timeline to assist your new attorney in drafting a response. 
  3. Reach out to our firm or another experienced family law firm to discuss case strategy and next steps; 
  4. After retaining an attorney, the attorney will ensure that an entry of appearance and response to the petition are timely filed. 
  5. From there, you will likely have a meeting with your attorney to discuss the next steps in your case and additional deadlines.
Skip to content