Why The Cost Of A Divorce Causes Some Couples To Stay Married

December 22, 2024

Divorce has a reputation for being expensive. Many couples, however, may not realize all of the expenses that are likely to be involved in their own situation until they begin making calculations. While there are a few strategies couples can use to limit the cost of a divorce, depending on their circumstances, in some cases financial consequences are so substantial that the spouses elect to give their marriage another try, rather than shoulder the economic burden of a divorce. An experienced Denver family law attorney with Johnson Law Group may be able to walk you through the likely cost of a divorce in your particular situation during a private, confidential consultation. Call (720) 706-5703 to schedule.

Divorce Filing Fees in Colorado

Some of the factors that can affect the cost of a divorce in Colorado are static, whereas others allow for greater flexibility and can more readily be influenced by the choices of the individuals seeking the dissolution of their marriage. The $230 initial filing fee for a Colorado divorce is one of the “less flexible” divorce expenses. Although the Colorado Judicial Branch does provide a pathway whereby individuals who meet certain criteria for economic hardship may request waivers of their filing fees and some of the associated court costs, these waivers are not available to all divorcing couples.

Individuals whose households do not meet the economic hardship criteria for a waiver of filing fees may still find the administrative cost of a divorce to be substantial, particularly if their situation requires multiple filings. Petitions for allocation of parental responsibilities, petitions to prevent a child’s removal from the household, and even entering into registration a court’s orders regarding such matters as child custody determinations or awards of child or spousal support all call for separate fees. Once the first 60 days have passed since a decree of divorce has been entered, Colorado courts also require a separate fee for any motion to modify or otherwise alter any existing order associated with the decree. The accumulation of all these fees can prove burdensome to families, especially as they take on the often substantial costs involved in setting up separate residences.

Flexible vs. Inflexible Costs in a Divorce

There are a few factors that can influence the total cost of a divorce in any given case. Some divorce expenses, such as the initial filing fee, are relatively inflexible (at least for individuals who do not quite satisfy the Colorado criteria for a waiver of court fees). Other costs commonly associated with a divorce may have a greater dependence on a couple’s particular circumstances: Professional valuation of key assets, for example, may sometimes be important to achieving an accurate division of marital property, but can also often result in substantial fees paid to skilled appraisers.

Still other costs may be influenced to a greater or lesser extent by the individuals involved in the divorce and how they approach each step in the Colorado divorce process. Spouses often have considerable control over divorce costs related to:

  • Attorney fees: Individuals are not legally required to work with professional representation during a divorce, but many prefer to do so. Divorce lawyers’ tend to be heavily dependent on the complexity of the case and the amount of time (if any) spent in litigation. 
  • Mediation fees: Mediation is a very common part of the divorce process. Mediators, like lawyers, often charge by the hour for their services – so while mediation can often save spouses significantly compared to the costs of litigation, as a general rule the longer the couple takes to reach an agreement during mediation, the higher their costs are likely to be. 
  • Post-judgment motions (after 60 days): Entering a motion to modify orders or alter judgment is only free within a certain time frame after the decree has been entered. Once the initial “settling-in” period has passed, entering a motion to alter judgment or modify orders will require the spouse requesting the change to pay an additional filing fee. 

Generally speaking, spouses who are able to cooperate with each other to work out reasonable arrangements for such matters as the division of their formerly shared debts and assets and a plan for sharing parenting responsibility (for couples who have children) are also often able to save significantly on the cost of a divorce. A Denver-area family law attorney with Johnson Law Group may be able to advise you on approaches that can help lower the cost of your divorce overall.

Household Expenses and the Hidden Costs of Divorce

In many cases, when spouses contemplating a divorce sit down to calculate their likely costs, they think first of expenses associated with the legal process – filing the Petition for Divorce or Legal Separation with the appropriate Colorado court, hiring their individual divorce lawyers and paying a mediator, as needed, and so on. This initial focus on the immediate legal and administrative costs of getting a divorce in Colorado can help to explain why some spouses initially resist the potential expense of hiring a divorce lawyer – when the only costs examined are those directly related to the legal proceedings for a Colorado dissolution of marriage, it can be easy for an attorney’s hourly rates to loom large, and for cost-conscious individuals to overlook the potential long-term costs of accepting an unfavorable divorce settlement.

In reality, however, the cost of a divorce typically extends not only well beyond the court proceedings themselves, but even beyond any payments – such as child support or alimony – that the court may order one party or the other to make. Generally speaking, both spouses can expect to maintain the same standard of living to take up a greater percentage of their incomes after divorce. Even disregarding such factors as relative incomes and the potential for spousal maintenance (alimony) arrangements, the separation of household expenses rarely equates to simply halving the total costs of maintaining a single household – whether or not both spouses contributed economically through earned income. When either spouse is at an economic disadvantage compared to the other, the household cost of a divorce can be intimidating, especially to the lower-earning partner – so much so that the expenses that follow a divorce, as much as those involved in achieving one, can sometimes lead frustrated individuals to remain in their marriages. Household expenses that commonly increase after a divorce include:

  • Housing
  • Utilities
  • Groceries
  • Vehicle use and maintenance
  • Travel (including commute)
  • Childcare

Accurately estimating these increased costs can sometimes lead individuals to reconsider getting a divorce, or in other situations can sometimes influence how each partner approaches conversations during divorce mediation.

Discuss Your Unique Situation With a Divorce Attorney in the Denver Area

If you are contemplating a divorce in Colorado, there are a number of expenses you should consider beyond the immediate filing costs. Even for affluent individuals who are well-equipped to cover the initial court fees, the total cost of a divorce will typically involve significant expenses in purchasing or renting a new residence (for one or both of the former partners), and may incur substantial “incidentals” as well, in the need to hire external childcare as a single parent, the need to hire a cab rather than asking for a ride when a vehicle is undergoing repairs. A consultation with an experienced divorce attorney in your area may help you to determine your financial priorities for divorce and prepare you to make informed decisions about your personal and financial future. Call (720) 706-5703 today to be connected with a member of the knowledgeable and understanding team at Johnson Law Group.

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OVERBOARD: HOW TO AVOID SINKING
IN YOUR COLORADO FAMILY LAW CASE
Written by Family Law Attorney Myles S. Johnson
Divorce doesn’t have to be dramatic. For the litigants, losing your spouse is significant enough. But you can choose the way it affects your daily life. The only guarantee I can give is that the feeling that you have right now will not be the feeling you end with. This is a season in your life, and it must be approached that way.
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