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Before you file or respond

The Colorado divorce checklist

Within 42 days of the case starting, both of you have to file a sworn financial statement and hand over three years of records. Gathering it now, quietly, is the single most useful thing you can do before you talk to anyone. Here is the list, in the order it comes up.

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Documents

Three years of everything

Tax returns, pay stubs, bank, retirement and debt statements, insurance, the deed and the mortgage.

The house

Value, payoff, title

A written valuation, the payoff statement, the deed, the HELOC if any, the property tax bill.

Money moves

Your own account, a frozen credit file

Open one account in your name. Freeze the bureaus. Do not drain anything joint.

Do not

Sell, hide, cancel, post

The injunction will forbid it anyway, and the sworn statement will show it.

The short answer

Copy three years of financial records, get a written valuation and a payoff statement on the house, open a checking account in your own name, freeze your credit, write down what you own and owe as of today, and do not move, sell, hide or cancel anything. Then read the process page and decide who to call first.

1. Documents the sworn financial statement will ask for

  • Income: three years of federal and state tax returns with W-2s and 1099s; the last three months of pay stubs; profit-and-loss statements if self-employed.
  • Bank and investment accounts: the last 12 months of statements for every account, joint and individual.
  • Retirement: the most recent statements for every 401(k), IRA, pension, PERA, TSP or annuity, plus a statement dated near the wedding for anything opened before the marriage.
  • Debts: current statements for every mortgage, HELOC, car loan, student loan and credit card, with the balance and whose name is on it.
  • Insurance: health, life (with beneficiaries), auto, homeowner’s and umbrella policies.
  • Business interests: formation documents, the last three years of business returns, and any buy-sell agreement.
  • Agreements: a prenup or postnup, if one exists.
  • Kids: childcare, tuition and medical costs, and the current schedule.

2. The house

  • The deed (from the county clerk and recorder, or the closing package) showing how title is held.
  • The mortgage statement and a payoff quote from the servicer; the same for any HELOC.
  • A written valuation dated now. We provide a Smart Pricing Report free to both spouses; an appraisal is $550 to $800. Which one you need.
  • The purchase documents (price, date, down payment source) and receipts for major improvements; both matter for taxes and for any separate-property claim.
  • Property tax bill and HOA statements.
  • Photos and a condition list of the house as it is today. Deferred maintenance is a real deduction and a real argument later.

3. Money steps to take now

  • Open a checking account and one credit card in your own name; route your pay there.
  • Freeze your credit at Equifax, Experian and TransUnion. Pull your reports and list every joint account.
  • Photograph or download balances of every joint account as of today.
  • Change passwords on your own email, phone and financial logins. Turn on two-factor.
  • Build two budgets: one household as it is, and yours alone. A CDFA can help; so can the workshop.
  • If you receive or expect support, understand that a lender will need six months of receipts and three years of continuance before it counts.

4. What not to do

  • Do not empty, hide or move joint money. Do not sell, gift or “lend” property to relatives.
  • Do not cancel insurance or drop your spouse from a policy.
  • Do not stop paying the mortgage to make a point. It is your credit too.
  • Do not sign a quitclaim deed, a listing agreement or a refinance deadline without advice.
  • Do not post about the divorce, the house or the money online. Buyers, judges and opposing counsel all read.
  • Do not agree to keep a house you have not been pre-approved to carry alone.

5. Who to call, in what order

We are not lawyers. This page summarizes Colorado statutes and court forms as they read on the date shown at the bottom of the site. It is not legal advice. The Colorado Judicial Branch self-help centers can help you with forms at no cost, and a licensed Colorado family-law attorney can tell you what the rules mean for your case.
Plain-language education, not advice. Divorce Decisions is published by The Kenna Real Estate Group at Keller Williams DTC, a real estate team. Nothing here is legal, tax, lending or financial advice, and reading it does not create any professional relationship. Colorado law and lender rules change; confirm anything that matters to your case with a licensed Colorado attorney, a tax professional, and your lender. See our full disclaimer.

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