Divorce is never easy. The divorce process can be emotionally draining, legally overwhelming, and filled with unknowns. You may be navigating issues like dividing marital property, determining parenting time, or addressing spousal support. It’s a lot to take in, especially when you are already dealing with the breakdown of your marriage.
At Solutions Based Family Law, we understand how daunting this process can feel. We’re here to help you make decisions with clarity and confidence. Whether you’re considering divorce or have already made the decision to proceed, our goal is to equip you with the knowledge you need to make informed, empowered decisions about your future. To help you begin, we are sharing 10 essential facts about divorce in Colorado, insights to help you understand your legal rights, responsibilities, and what to expect during the process.
If you are contemplating divorce, the best place to start is with a confidential consultation with a Denver divorce attorney. Our team has the skill and experience to guide you through each step of the process, helping you make strategic decisions to protect your interests. Reach out to our law firm today to schedule an appointment with a Denver family lawyer.
10 Things to Know About Divorce in Colorado
There are a lot of misconceptions about divorce out there. If you talk to a friend, family member, or coworker about getting divorced, they might offer you all sorts of advice and insight…much of which might be completely wrong. Divorce cases are based on state law, so if you are getting divorced in the Denver area, Colorado law will apply.
There is a lot of nuance when it comes to divorce law. There are also a lot of other areas of law that can come into play, such as tax law. After learning a bit more about Colorado divorce law, contact our law offices if you’d like to learn more about how Colorado law will apply to your specific case.
1. Colorado is a “No-Fault” Divorce State
You don’t need to prove wrongdoing by either spouse to file for divorce in Colorado. The only requirement for divorce in Colorado is one spouse stating that the marriage is “irretrievably broken.” Colorado is a no-fault state, meaning misconduct such as adultery is generally not considered in property division or spousal maintenance, although conduct may still be relevant in certain circumstances, particularly where it impacts children or financial issues.
Because you don’t need to allege wrongdoing in order to get a divorce in Colorado, it may be possible to get an uncontested divorce. If you and your spouse agree on all of the major issues in your divorce, then you can file jointly and submit a separation agreement to the court for its approval. This is often a much faster and less expensive way to get divorced.
Even if you and your soon-to-be ex can agree on everything in your divorce, it still makes sense to consult with a Denver divorce lawyer before filing. A judge will review your separation agreement to make sure that it complies with Colorado law and that it isn’t “unconscionable.” Having an attorney draft the agreement and/or help you negotiate it is the best way to protect your interests.
2. You Must Meet the Residency Requirement
Before filing for divorce in Colorado, either you or your spouse must have lived in the state for at least 91 days. If children are involved, Colorado must be the child’s “home state,” which generally means the child has lived in Colorado for at least 182 days prior to the filing.
The purpose of this residency requirement is to make sure that the court has jurisdiction over your case. In other words, the court must have authority to make decisions about the issues in your divorce (including child custody, if you share minor children). This can prevent things like forum shopping, where one party tries to seek a divorce in a state that they believe has more favorable divorce laws.
3. Property is Divided through Equitable Distribution
Colorado is an equitable distribution state, meaning marital property is divided fairly, but not necessarily equally. The court considers many factors, including each spouse’s financial situation, their individual contributions to the marriage (both monetary and non-monetary), and the value of any separate property. This part of the divorce process can be especially complex and emotional, as financial and sentimental values often overlap.
In a divorce, only marital property is subject to division, although separate property may still be considered by the court in the overall allocation of assets.. Broadly, marital property includes most assets and debts acquired during the marriage, regardless of how they are titled, subject to certain exceptions under Colorado law. There are some exceptions to this rule, such as gifts and inheritances.
Property acquired prior to the marriage, or individually by gift or inheritance, is generally considered separate property and is not subject to division, unless it has been commingled or otherwise transformed into marital property. Of course, there are a lot of different scenarios that can arise, such as separate property being converted to marital property if a party decides to do something like add their spouse’s name to the title of a piece of real estate. The increase in value of separate property over the course of a marriage may also be considered marital property.
If you have a prenuptial or postnuptial agreement, then you and your spouse may have already specified how your assets and debts will be characterized and how they will be divided in a divorce. These premarital and marital agreements are generally valid as long as they comply with Colorado law and are not “unconscionable” to either party.
4. Spousal Maintenance (Alimony) is not Guaranteed
Alimony in Colorado is called “spousal maintenance” and is not guaranteed. Courts must first look at various factors, including the length of the marriage, each spouse’s income, financial need, and ability to pay. Colorado law includes advisory guideline formulas for spousal maintenance in many cases, but courts may deviate from those guidelines based on the specific circumstances.
Spousal maintenance can be addressed in a prenuptial or postnuptial agreement. This can give the parties greater certainty about what their financial obligations may be if they get divorced. A spousal maintenance award may also be modified if there is a change of circumstances (such as the paying spouse becoming disabled and unable to work).
5. Colorado Custody Decisions are Called Parental Responsibilities
In Colorado, “custody” is referred to as “parental responsibilities”, which include two components:
- Parenting Time (physical custody)
- Decision-making responsibility (legal custody)
The court’s primary concern is always the best interest of the child. While shared parenting time is encouraged, the court also considers what is safe and appropriate for the children.
This is also true when it comes to decision-making responsibility. Colorado courts often award joint decision-making responsibility when it is in the best interests of the child, but may give all or part of the decision-making responsibilities to one parent when necessary.
Colorado courts are prohibited from making custody decisions based on factors such as gender. This means that mothers are not automatically favored when it comes to custody. Instead, the focus remains on the best interests of the child(ren).
6. Child Support in Colorado is Based on a Formula
Courts calculate child support in Colorado using a standard formula that considers both parents’ incomes, the division of overnight time with each parent, and specific child-related expenses. Both parents have a financial obligation to support their children, regardless of who has more parenting time or who makes more money.
Typically, the parent with fewer overnight visits per year pays child support to the parent with the majority of parenting time. Of course, each situation is different. Our law firm can advise you about your rights when it comes to paying or receiving child support in Colorado.
7. There’s a Mandatory 91-Day Waiting Period
Colorado law requires a minimum waiting period of 91 days from the filing of the petition before a court can enter a final decree of dissolution. This allows ample time for mediation, financial disclosures, and working with any necessary experts. Even if both parties agree on the terms, the court must wait 91 days from the date of filing before entering final orders.
8. Both Parties Must Provide Full Financial Disclosures
Colorado law requires both parties to exchange mandatory financial disclosures early in the case, generally within 42 days of service or filing, depending on the circumstances, including income, assets, debts, and expenses. Failing to disclose financial information or attempting to hide marital assets can lead to serious legal consequences and impact the outcome of your case.
These disclosures are mandatory even in uncontested divorces. This comes down to basic fairness: if the parties don’t know what the other spouse has in terms of debts and assets, they aren’t able to make a knowing agreement. If you have questions about these disclosures or need assistance in completing them, our Denver divorce lawyers can help.
9. Mediation is Generally Required
If you and your spouse can’t agree on key issues, such as parenting time or spousal maintenance, courts often require mediation before a final contested hearing, unless it is waived for good cause. Parties may file motions to waive mediation under certain circumstances, but it’s up to the court to decide whether that’s a good decision given the situation. Mediation is a great option to help you reach a resolution without the time, expenses, and stress of preparing for and attending court hearings.
10. You can Represent Yourself, but it’s Risky
Individuals are permitted to represent themselves (pro se) in Colorado divorce proceedings. But doing so can be risky, especially if your case involves parenting time, disagreements over the division of marital property, and spousal maintenance. A Colorado family law attorney can help protect your rights and avoid costly mistakes, as well as be an objective third-party who will zealously advocate for what’s best for you.
If you are considering divorce, you might be tempted to go the DIY route to save money. However, getting divorced without any legal advice may end up costing you more in the long run. Working with a Denver divorce attorney can help you understand your rights and ensure that your financial, parental, and legal interests are protected.
Ready to Take the First Step?
Divorce laws and outcomes can vary based on the specific facts of each case and are governed by Colorado statutes and court rules. At Solutions Based Family Law, we’re here to help you navigate your divorce in Colorado with clarity, compassion, and confidence. Whether you’re just beginning the process or facing complex issues involving parenting time or the division of marital property, we’re ready to guide you every step of the way.
Contact us today to schedule a consultation and start building a secure, informed path forward. You can also call our law offices at any time at 866-532-8974 to schedule a confidential consultation with a Denver divorce lawyer. We can help you learn more about the process, advise you on next steps, and advocate for your best interests from the initial filing to the final resolution of your case.