The decision to get married is a big one. If you reach the point where your marriage is no longer workable, you will have to untangle more than just your emotions. Divorce is a legal process that can take time and effort to complete.
In Colorado, there are two main options for divorce: contested and uncontested. If you and your soon-to-be ex can agree on property division, alimony, child custody, and child support, then you can come to an agreement and avoid litigation. Otherwise, the court will decide these issues in accordance with Colorado law. Our Denver divorce attorneys can guide you through the process and protect your interests each step of the way.
What to Expect in a Colorado Divorce
In Colorado, all divorces are no-fault. This means that you don’t have to prove that your spouse did something wrong in order to get divorced. It is enough to allege that your marriage is irretrievably broken.
There are two types of divorce in Colorado:
- Uncontested divorce: You and your spouse agree on all of the issues in your divorce, which may include property division, spousal support/alimony, child custody, and child support.
- Contested divorce: You and your spouse cannot come to an agreement about one or more of the above-listed issues.
An uncontested divorce is typically a lot faster and much less expensive than a contested divorce. That being said, it isn’t always possible to come to an agreement with your soon-to-be-ex. There is a reason that you are getting divorced, after all.
Even if you are not initially able to agree with your spouse about these matters, you might find that you are able to work something out as the case proceeds. If not, then your divorce might go to trial. In court, a judge will listen to evidence, testimony, and arguments before making a decision on how to divide your assets and debts, whether to award spousal support, and any issues related to your minor children.
If you do work out an agreement with your spouse, it is still a good idea to have a Denver divorce attorney review your paperwork. Divorce implicates a lot of complex areas of the law, such as taxes. When you work with an experienced lawyer, you can make sure that any agreement that you sign protects your interests and the best interests of your children.
The Colorado Divorce Process
If you have made the decision to get divorced, it can be helpful to know what to expect. While the details and timeline of your divorce may vary, the general steps are the same for all divorces in Colorado.
First, you must determine if you are eligible to file for divorce in Colorado. One spouse must have had their permanent home in Colorado for at least 91 days before the divorce petition is filed. 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.
Second, you will decide what type of divorce you want. All divorces are no-fault in Colorado, but you can choose to either seek a contested or uncontested divorce. Uncontested divorces are often less expensive and take less time, but if you and your soon-to-be ex can’t agree about the issues in your divorce, then your case will proceed as a contested divorce..
Third, you will need to draft and file a Petition for Dissolution of Marriage. You will then file the petition in the county courthouse or online through Colorado’s eFiling system. You’ll pay the filing fee. If you are not filing jointly, your spouse must either be formally served with the petition or sign a waiver of service.
Fourth, once your spouse has been served and has submitted an answer, both parties will need to complete mandatory financial disclosures. These forms are required for both contested and uncontested divorces.
Fifth, for uncontested divorces, you can file your separation agreement at this stage and request a final divorce decree. Once the court reviews your paperwork, it will issue a final dissolution decree if everything complies with Colorado law. A final decree cannot be entered until at least 91 days after the petition is filed, although the timing may vary depending on the court and the case.
Sixth, if your divorce is contested, then you will go through the formal discovery process, where the parties exchange information. You will also have to attend court hearings, such as the initial status conference. If either party has requested temporary orders, then the court will also schedule hearings to decide on these requests.
Seventh, many couples go through mediation to try to resolve their issues without going to trial. Mediation is a type of alternative dispute resolution where a neutral third party (the mediator) attempts to help a couple negotiate a separation agreement. This can often be the key to avoiding a costly, stressful trial.
Eighth, if you cannot come to an agreement, then your case will go to trial. In Colorado, this is known as a permanent orders hearing. After listening to arguments and weighing evidence, the judge will make a decision about any outstanding issues in your case and issue a divorce decree.
The divorce process is often far more complex than these simplified steps listed above. It can also involve complicated legal issues. If you are preparing to file for divorce, call our law offices to learn more about how we can help you navigate your divorce successfully.
Property Division and Spousal Support in a Denver Divorce
In Colorado, marital assets and debts are divided under the principle of equitable division. With equitable division, a court will divide property based on what is fair. This does not necessarily mean that the split will be 50-50.
At the start of any Colorado divorce case, each spouse will be required to complete and submit a sworn financial statement where they list their assets and liabilities and provide underlying disclosures such as tax returns, statements, and pay stubs. Each asset and liability will then be characterized as marital or separate property.
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. Separate property generally includes assets acquired by one spouse before the marriage or received individually by gift or inheritance during the marriage, unless it has been commingled or converted into marital property.
Only marital property is subject to division in a Colorado divorce, although separate property may still be considered by the court in the overall allocation of assets. That is why it is so important to make sure that assets and liabilities are properly characterized. Our Denver divorce attorneys will collaborate with you to make sure that your property is correctly categorized so that your financial interests are protected.
Our team will also work to ensure that your assets are valued appropriately. For some assets, such as bank accounts, valuation is relatively simple. For more complex assets, such as a family-owned business, artwork, real estate, and some forms of retirement, it may be necessary to work with experts who can assign a fair value to these types of assets.
Once a couple’s marital property has been identified, a judge will then equitably divide these assets and debts. In doing so, a court will consider factors such as:
- The contribution of each spouse to the acquisition of the marital property, including the contribution of a spouse as a homemaker
- The value of the property set apart to each spouse
- The economic circumstances of each spouse at the time the division of property is to become effective
- Any increases or decreases in the value of the separate property of the spouse during the marriage, or the depletion of the separate property for marital purposes
Colorado courts do not consider fault, such as cheating, when making property division decisions.
For many couples, the idea of letting a court decide how to split up their hard-earned property can be scary. Working out a divorce settlement can be a smart alternative, giving you more control over the outcome. At Solutions Based Family Law, we have significant experience negotiating divorce settlements, including through mediation. We are also seasoned litigators who can take your case to trial if necessary to help you get a favorable outcome.
When it comes to alimony (spousal maintenance), it is not automatically awarded in Colorado divorces. Courts will consider statutory factors—and in many cases advisory guideline formulas—in deciding whether to award spousal maintenance. This includes the length of the marriage, any income disparity between the spouses, each party’s financial resources, tax implications, each spouse’s employability, and the standard of living of the parties. This is a very fact-based determination that will come down to the unique facts of your case.
If you signed a prenuptial or postnuptial agreement with your spouse, then it will typically contain provisions related to property division and alimony. Our Denver divorce attorneys can evaluate your prenup and advise you of your legal rights based on the contract and Colorado law.
Child Custody and Support Issues in Denver Divorce Cases
If you share minor children with your spouse, then child custody will have to be decided as part of your divorce. In Colorado, what is commonly referred to as “custody” is legally called the allocation of parental responsibilities and includes two components:
- Decision-making authority is the authority to make decisions about important issues in a child’s life, such as healthcare, religion, and education. Whenever possible, Colorado courts prefer that parents share decision-making ability. However, for a variety of reasons, shared decision-making authority is not always in the children’s best interests.
- Parenting time, or physical custody, is the amount of time that each parent spends with the child. There is no default custody or parenting time arrangement in Colorado. The determination is based upon the children’s best interests.
Colorado courts do not favor parents based on gender. Instead, custody decisions are made based on the best interests of the child or children. This includes an evaluation of the following factors:
- The wishes of the child’s parents as to parenting time;
- The wishes of the child, if he or she is sufficiently mature to express reasoned and independent preferences as to the parenting time schedule;
- The interaction and interrelationship of the child with his or her parents, his or her siblings, and any other person who may significantly affect the child’s best interests;
- The child’s adjustment to his or her home, school, and community;
- The mental and physical health of all individuals involved, except that a disability alone shall not be a basis to deny or restrict parenting time;
- The ability of the parties to encourage the sharing of love, affection, and contact between the child and the other party; except that, if the court determines that a party is acting to protect the child from witnessing domestic violence or from being a victim of child abuse or neglect or domestic violence, the party’s protective actions shall not be considered with respect to this factor;
- Whether the past pattern of involvement of the parties with the child reflects a system of values, time commitment, and mutual support;
- The physical proximity of the parties to each other as this relates to the practical considerations of parenting time; and
- The ability of each party to place the needs of the child ahead of his or her own needs.
Custody determinations are often the most emotionally challenging and stressful part of any divorce. There are few parents who want to give up any time with their kids, but splitting up as a couple usually means that you will spend less time with your kids than you did when you were married. Our Denver divorce lawyers will help you understand your rights when it comes to parental responsibilities, including likely outcomes at trial. In this way, we can help you make an informed decision about how to move forward in your divorce case.
In many cases involving parental responsibilities, one parent will be required to pay child support to the other parent. In Colorado, child support is based on the income shares model, which ensures that a fair share of each parent’s income and resources is given to their child(ren). Typically, the parent with fewer overnights will pay child support to the other parent, although each case is unique. Our law firm can work with you to help you understand how child support works in Colorado, and will advocate for you to ensure that your interests are represented.
Is There a Difference Between Divorce and Legal Separation?
In Colorado, there are two options for breaking up when you are married. A divorce is the formal legal process that can be used to end a marriage. A legal separation is similar to a divorce, but the parties will remain married.
Legal separation in Colorado is distinct from a period of time that a couple may live apart or not be romantically involved before a divorce (which is often referred to as a separation). This is a separate legal process that a couple can use to address all legal issues that might be decided in a divorce while remaining married.
A legal separation involves the same basic requirements and steps as a divorce. One spouse must be a resident of the state, and if they share children, those children must meet Colorado’s “home state” requirement, which generally means living in Colorado for at least 182 days. One or both spouses will then file a petition with the court, pay a filing fee, and serve their spouse with the paperwork (if the couple did not file jointly).
The case will then proceed just as a divorce would. The parties will exchange financial disclosures and other information and attempt to work out an agreement. If the couple can’t reach an agreement, then the case may go to trial.
Whether the case goes to trial or the couple comes to an agreement, a court will issue a decree of legal separation. A court may enter a decree of legal separation upon request of one or both parties. However, if one party later requests a divorce, the court may convert the case to a dissolution of marriage after the statutory waiting period. If one spouse objects and wants a divorce instead, then the court will issue a decree of dissolution.
A legal separation will involve the same issues that a divorce would. Depending on a couple’s situation, this may include property division, spousal maintenance, and parental responsibilities.. All of these matters will be decided by agreement or by a judge. However, at the end of the process, the couple will still be legally married.
This means that neither spouse can remarry after a legal separation unless they get divorced. A legal separation can be converted to a divorce at any time once 6 months have elapsed from the separation order.
For many people, the idea of getting a legal separation instead of a divorce does not make a lot of sense. However, there are good reasons why a legal separation may be preferred. This may include:
- To comply with religious or cultural norms
- To maintain insurance coverage
- For financial reasons (such as Social Security benefits or tax advantages)
Legal separation is not required to get divorced in Colorado (unlike in some states, where a period of separation may be mandated before a divorce can be granted). It is a legal process that is almost identical to divorce and can be just as expensive, time-consuming, and stressful as a divorce. The big difference is that you will still be legally married after the decree of legal separation has been issued.
There are advantages and disadvantages to choosing a legal separation over a divorce. If you are considering ending your marriage and are unsure of which process is right for you, we can help. Our Denver divorce lawyers can walk you through your options and help you decide on a course of action that is best for your specific needs.
Work with an Experienced Denver Divorce Attorney
Divorce and family law matters are governed by Colorado statutes and case law, and outcomes can vary based on the specific facts of each case. No one plans to get divorced when they say “I do.” While divorce is never easy, having experienced legal representation can make the process smoother. When you know your rights and understand how Colorado law will likely be applied in your case, you can make smarter decisions. Our team of skilled Colorado divorce lawyers will advocate for you through each step of the process.
At Solutions Based Family Law, we help our clients achieve the best possible outcome for their case based on their unique circumstances. Our goal is to help our clients find the right solution for them, whether that be working out a divorce agreement or taking their case to court to enforce their rights. To learn more or to schedule a consultation with a Denver divorce lawyer, give us a call at 866-546-6845 or fill out our online contact form.