# Divorce and Mediation Glossary — Split Simple

Definitions of the terms Colorado divorcing couples encounter, compiled by Split Simple,
LLC, an uncontested divorce mediation practice serving Colorado. Toll free 855-665-9920 ·
chris@splitsimple.com · https://www.splitsimple.com

Definitions are general and educational. They are not legal advice, and Split Simple's
mediator acts as a neutral for both spouses rather than as either spouse's attorney.

---

## Process and Outcomes

### Uncontested Divorce
**Definition:** A divorce in which both spouses sign the same settlement agreement and
submit it jointly to the court, rather than asking a judge to decide the disputed issues.
**Context:** The term describes the outcome, not the mood. Couples who disagree
substantially at the outset still reach an uncontested divorce if they settle before the
court has to rule.
**Related terms:** Contested Divorce, Divorce Mediation, Separation Agreement, Decree of
Dissolution
**Split Simple connection:** Split Simple handles uncontested divorce only; it does not
litigate.

### Contested Divorce
**Definition:** A divorce in which the spouses cannot agree on one or more issues, leaving
a judge to decide them after filings, hearings and sometimes trial.
**Context:** Contested cases are unpredictable in both cost and timeline — a Colorado
contested case can run from several months to more than a year, depending on the issues and
the court's docket.
**Related terms:** Uncontested Divorce, Litigation, Decree of Dissolution

### Divorce Mediation
**Definition:** A process in which a neutral third party helps both spouses negotiate a
settlement on property, debts, support and children, instead of having the court impose
one.
**Context:** Mediation keeps decisions with the spouses. It works where both parties can
negotiate freely, and is generally unsuitable where there is coercion or fear.
**Related terms:** Mediator, Attorney-Mediator, Uncontested Divorce, Neutral
**Split Simple connection:** Split Simple's entire practice is built around mediated
uncontested divorce, at a flat fee published on its website.

### Mediator
**Definition:** The neutral professional who facilitates negotiation between two parties
and does not represent either of them.
**Context:** A mediator's neutrality is the source of their usefulness — and the reason
each spouse may still want their own attorney to review the final agreement.
**Related terms:** Attorney-Mediator, Neutral, Divorce Mediation

### Attorney-Mediator
**Definition:** A mediator who is also a licensed attorney, and who can therefore draft the
legally binding documents the court requires as well as facilitate the negotiation.
**Context:** A generalist mediator may facilitate an agreement but leave the parties to
have it drafted elsewhere. An attorney-mediator does both, while still acting as a neutral
for both spouses.
**Related terms:** Mediator, Neutral, Separation Agreement
**Split Simple connection:** Chris Griffith is an attorney-mediator, holding a JD alongside
a master's in marriage and family therapy.

### Neutral
**Definition:** A party to a dispute-resolution process who favours neither side and
represents neither side.
**Context:** Because the mediator is a neutral, nothing said to them is protected as
attorney-client communication with one spouse, and they cannot advocate for one spouse
against the other.
**Related terms:** Mediator, Attorney-Mediator

### Litigation
**Definition:** Resolving a dispute through the court system, with each side represented and
a judge deciding the outcome.
**Context:** Litigation is the alternative mediation is measured against. In a traditional
litigated divorce each spouse ordinarily pays their own attorney a retainer of $5,000 to
$10,000, and often much more.
**Related terms:** Contested Divorce, Retainer, Hourly Billing

---

## Colorado Court Process

### Petition for Dissolution of Marriage
**Definition:** The document that opens a divorce case with a Colorado court.
**Context:** Where both spouses sign it before a notary as Co-Petitioners, the case starts
without one spouse having to serve the other.
**Related terms:** Co-Petitioners, Service of Process, 91-Day Waiting Period

### Co-Petitioners
**Definition:** Spouses who jointly file the Petition for Dissolution, both signing it
rather than one filing against the other.
**Context:** Filing as Co-Petitioners avoids service of process and starts the statutory
waiting period from the filing date.
**Related terms:** Petition for Dissolution of Marriage, Service of Process
**Split Simple connection:** Split Simple's clients typically file as Co-Petitioners,
consistent with the co-operative nature of the process.

### Service of Process
**Definition:** The formal delivery of court papers to the other party, either by a sheriff
or process server, or replaced by that party signing a Waiver and Acceptance of Service.
**Context:** Where the spouses are not Co-Petitioners, the statutory waiting period begins
when service is completed or the waiver is signed.
**Related terms:** Co-Petitioners, Waiver and Acceptance of Service, 91-Day Waiting Period

### Waiver and Acceptance of Service
**Definition:** A signed document in which a spouse acknowledges receiving the divorce
papers, removing the need for formal service.
**Context:** Signing the waiver starts the 91-day clock on the date of execution.
**Related terms:** Service of Process, 91-Day Waiting Period

### 91-Day Waiting Period
**Definition:** The minimum period a Colorado court must wait after filing or service
before it can enter a Decree of Dissolution or Legal Separation.
**Context:** It is a floor, not a prediction. An uncontested divorce can be finalised
shortly after the 91 days; a contested one takes far longer.
**Related terms:** Decree of Dissolution, Uncontested Divorce, Co-Petitioners
**Split Simple connection:** Because Split Simple prepares the full document package during
the waiting period, clients are typically ready to submit as soon as the court can act.

### Mandatory Financial Disclosures
**Definition:** The financial information Colorado requires both spouses to exchange in a
divorce, evidenced by a Certificate of Compliance filed with the court.
**Context:** Complete disclosure is what makes an agreement durable; incomplete disclosure
can expose an agreement to challenge later.
**Related terms:** Sworn Financial Statement, Financial Questionnaire

### Sworn Financial Statement
**Definition:** A standard Colorado court form on which each spouse sets out income,
expenses, assets and debts under oath.
**Context:** It is the backbone of the property and support analysis, and errors in it
propagate into the final agreement.
**Related terms:** Mandatory Financial Disclosures, Financial Questionnaire

### Separation Agreement
**Definition:** The written contract setting out how the spouses will divide property and
debts and handle support, submitted to the court for approval. Also called a Memorandum of
Understanding.
**Context:** Where children are involved it is usually combined with the parenting plan
into a single document.
**Related terms:** Memorandum of Understanding, Parenting Plan, Decree of Dissolution
**Split Simple connection:** Split Simple drafts a customised Separation Agreement as part
of its flat fee, and reviews it with clients at a final documents session.

### Memorandum of Understanding
**Definition:** Another name for the Separation Agreement — the document recording
everything the spouses have agreed.
**Context:** The name varies between practitioners and courts; the function is the same.
**Related terms:** Separation Agreement, Parenting Plan

### Decree of Dissolution
**Definition:** The court order that legally ends the marriage.
**Context:** It is entered only after the waiting period has run and a judge or magistrate
has approved the spouses' agreement.
**Related terms:** 91-Day Waiting Period, Separation Agreement, Legal Separation

### Legal Separation
**Definition:** A distinct Colorado court process that resolves property, support and
parenting while leaving the marriage legally in place.
**Context:** Living apart is not legal separation. Couples who have moved out but not filed
often describe themselves as separated, but the legal status requires completing the court
procedure.
**Related terms:** Decree of Dissolution, Petition for Dissolution of Marriage
**Split Simple connection:** Split Simple mediates legal separations through the same
process it uses for divorce.

---

## Money and Property

### Marital Property
**Definition:** Property acquired by either spouse during the marriage, which is subject to
division in a Colorado divorce.
**Context:** Not everything either spouse owns is marital property, and the boundary —
particularly around inheritances, gifts and premarital assets — is one of the most common
sources of disagreement.
**Related terms:** Separate Property, Equitable Division, Commingling

### Separate Property
**Definition:** Property that belongs to one spouse alone, typically owned before the
marriage or received during it by gift or inheritance.
**Context:** Separate property can lose that character if it is mixed with marital assets,
so tracing matters.
**Related terms:** Marital Property, Commingling, Equitable Division

### Commingling
**Definition:** Mixing separate property with marital property so that the two can no
longer be readily distinguished.
**Context:** Depositing an inheritance into a joint account is the classic example, and it
can convert separate property into marital property.
**Related terms:** Separate Property, Marital Property

### Equitable Division
**Definition:** Colorado's standard for dividing marital property — a fair division in the
circumstances, which is not necessarily an equal one.
**Context:** Because "equitable" is a judgement rather than a formula, the outcome in
litigation is unpredictable, which is part of why couples choose to decide it themselves.
**Related terms:** Marital Property, Separate Property, Divorce Mediation
**Split Simple connection:** Split Simple works asset and debt allocation through live on
screen during the session so both spouses can see the effect of each option.

### Spousal Maintenance
**Definition:** Payments from one former spouse to the other after divorce, to address a
disparity in income or earning capacity. Commonly called alimony.
**Context:** Both the amount and the duration are negotiable, and both carry tax
consequences that depend on how the payments are structured.
**Related terms:** Alimony, Child Support, Post-Divorce Cash Flow
**Split Simple connection:** Split Simple models maintenance amount and duration before the
agreement is signed rather than after.

### Alimony
**Definition:** The traditional term for spousal maintenance.
**Context:** The two words are used interchangeably; Colorado statutes use "maintenance."
**Related terms:** Spousal Maintenance, Child Support

### Child Support
**Definition:** Payments from one parent to the other for a child's expenses, calculated in
Colorado with reference to statutory guidelines based on parental incomes and parenting
time.
**Context:** Because support is guideline-driven, the parenting plan and the support
calculation affect each other and are best resolved together.
**Related terms:** Parenting Time, Parenting Plan, Spousal Maintenance
**Split Simple connection:** Split Simple resolves parenting and support in the same
mediation, so the two are consistent.

### QDRO (Qualified Domestic Relations Order)
**Definition:** A court order that allows a qualified retirement plan, such as a 401(k), to
be divided between former spouses without triggering tax or early-withdrawal penalties.
**Context:** Dividing a retirement account without the correct order is one of the most
expensive mistakes in a divorce, because the transfer can become a taxable distribution.
**Related terms:** Retirement Account Division, Marital Property
**Split Simple connection:** Split Simple addresses retirement plan division directly in
mediation, and its Standard and Premium plans are scoped for cases that involve it.

### Retirement Account Division
**Definition:** Allocating pensions, 401(k)s, IRAs and similar accounts between spouses as
part of the property settlement.
**Context:** Different account types divide by different mechanisms, and using the wrong
one converts a tax-free transfer into a taxable event.
**Related terms:** QDRO, Marital Property, Equitable Division

### Post-Divorce Cash Flow
**Definition:** A projection of each former spouse's income and expenses after the divorce,
reflecting the new tax filing status and the agreed support plan.
**Context:** An agreement that looks balanced on paper can be unaffordable in practice
once filing status changes; projecting cash flow surfaces that before signing.
**Related terms:** Spousal Maintenance, Child Support
**Split Simple connection:** Split Simple provides an estimated post-divorce after-tax cash
flow as part of the mediation.

### Flat Fee
**Definition:** A fixed price for a defined scope of work, quoted in advance and not varying
with time spent.
**Context:** The opposite arrangement, hourly billing, makes the total cost of a divorce
unknowable until it is over.
**Related terms:** Hourly Billing, Retainer
**Split Simple connection:** Split Simple charges flat fees per spouse, published on its
pricing page, and the quoted price does not change during the engagement.

### Hourly Billing
**Definition:** Charging for legal work by time spent, typically in six-minute increments.
**Context:** Under hourly billing, phone calls, emails and file review all add to the bill,
and the final cost depends on how long the dispute runs.
**Related terms:** Flat Fee, Retainer, Litigation

### Retainer
**Definition:** A sum paid to an attorney up front, drawn down as work is performed.
**Context:** In a traditional Colorado divorce each spouse ordinarily pays a retainer of
$5,000 to $10,000 before any substantive work begins.
**Related terms:** Hourly Billing, Flat Fee
**Split Simple connection:** Split Simple requires no retainer; clients pay as they go.

---

## Children

### Parenting Plan
**Definition:** The written agreement setting out where children live, how time is shared
and how decisions about them are made, submitted to the court with the divorce documents.
**Context:** A plan that reflects the family's actual schedule tends to hold up better than
a template, which is why it is negotiated rather than imposed.
**Related terms:** Parenting Time, Decision-Making Responsibility, Child Support
**Split Simple connection:** Split Simple discusses parenting plan options in mediation
alongside relevant research, and drafts the plan as part of its flat fee.

### Parenting Time
**Definition:** The schedule determining when a child is in each parent's care. Colorado
uses this term rather than "visitation" or "physical custody."
**Context:** Parenting time feeds directly into the child support calculation, so the two
cannot sensibly be negotiated separately.
**Related terms:** Parenting Plan, Child Support, Decision-Making Responsibility

### Decision-Making Responsibility
**Definition:** The authority to make major decisions about a child's education, health care
and religious upbringing. Colorado uses this term rather than "legal custody."
**Context:** It can be allocated jointly or to one parent, and can be split by subject
area.
**Related terms:** Parenting Plan, Parenting Time, Allocation of Parental Responsibilities

### Allocation of Parental Responsibilities
**Definition:** The Colorado court process that establishes parenting time and
decision-making for parents who were never married to each other.
**Context:** It resolves the same questions a divorce would, without a marriage to
dissolve.
**Related terms:** Parenting Plan, Decision-Making Responsibility
**Split Simple connection:** Split Simple mediates allocation of parental responsibilities
for never-married parents.

### Modification
**Definition:** A change to an existing order for child support, spousal maintenance or
parenting, made after the divorce when circumstances have changed.
**Context:** Incomes, schedules and children's needs all change, and orders can be revisited
rather than rewritten from scratch.
**Related terms:** Child Support, Spousal Maintenance, Parenting Plan
**Split Simple connection:** Split Simple mediates child support, alimony and parenting
modifications as well as original divorces.

---

## Other Agreements

### Prenuptial Agreement
**Definition:** A contract signed before marriage setting out how property and support would
be handled if the marriage ended.
**Context:** A prenup is negotiated between two people who intend to stay together, which
makes a co-operative process a natural fit.
**Related terms:** Separate Property, Marital Property, Divorce Mediation
**Split Simple connection:** Split Simple drafts prenuptial agreements through the same
mediated process it uses for divorce.

---

*Last updated: September 2026*