What is “pre-decree” versus “post-decree” in Colorado family law?

In Colorado family law, divorce cases are either “pre-decree” or “post-decree.” The “decree” is the formal legal document that the Court issues to divorce two parties. If your case is “pre-decree,” you’re not divorced yet. If your case is “post-decree,” that means you divorced, but issues arise from past Court orders (either financial or Allocation of Parental Responsibilities-related). Pre-decree means the case is new and needs initial orders. Post-decree means an order was previously issued, and new issues have come up.

How your case is handled can shift depending on its status. For instance, in some counties, “post-decree” cases—those that follow the final judgment—are assigned to magistrates instead of district court judges. Post-decree matters often don’t qualify for perks available in the early stages, like temporary orders hearings or full financial disclosures. If you’re “pre-decree,” your case kicks off with filing a Petition for divorce, legal separation, or Allocation of Parental Responsibilities, followed by personally serving the other party (unless they waive service). Post-decree, you’ll file a Motion to resolve any lingering issues in your Permanent Orders.

Cases involving the Allocation of Parental Responsibilities of non-married couples work similarly. In informal talk, clerks, lawyers, and judges may sometimes refer to these cases as “pre-decree” or “post-decree,” too. In these cases, the “decree” is the initial custody (APR) order. Either way, it’s a good idea to know whether you’re at in your case.

Still feeling stuck? Dive into Maha’s Colorado Family Law Handbook—it’s loaded with all the insights you need, served up without the stuffy legal jargon.

This page is informational and should not substitute legal advice on your family law matter. Contact us today to discuss options for mediation with our award-winning legal services.