Executive Summary:
Contested divorce in Colorado is often misunderstood. Many people enter the process hoping to “win,” only to find that the court system operates very differently than expected. In this article, we break down what a contested divorce really involves, what factors courts consider, and how long the process typically takes. If you’re navigating a difficult separation, understanding your rights—and your risks—can make all the difference. Discover what most people get wrong and how working with an experienced Colorado divorce attorney can help protect what matters most.
What Is a Contested Divorce?
Divorce is rarely easy—but when spouses can’t agree on key issues like child custody, property division, or support, things can get significantly more complex. In Colorado, the divorce process is designed to be equitable, not punitive, which means that even in high-conflict cases, there’s no true “winner” in the traditional sense. Yet, many people enter a contested divorce in Colorado thinking that if they just fight hard enough, they’ll come out on top.
A contested divorce occurs when spouses can’t agree on one or more key aspects of their separation—such as child custody (parental responsibilities), division of assets and debts, or spousal maintenance (alimony). In contrast, an uncontested divorce means both parties are in full agreement and just need the court to approve the terms. Contested divorce in Colorado requires:
- More court involvement
- Formal hearings
- Typically mediation and/or discovery.
If the parties can’t reach a settlement, a judge will make the final decisions based on Colorado law.
Can You Actually “Win” a Contested Divorce in Colorado?
The idea of “winning” a divorce is one of the biggest misconceptions people have. Colorado is a no-fault divorce state, meaning the court doesn’t assign blame. You won’t “win” just because your spouse was unfaithful or difficult. Instead, the court looks to create fair and practical outcomes based on the facts of your case.
The process begins when one spouse files a Petition for Dissolution of Marriage, and the other spouse is formally served. From there, both parties exchange financial disclosures, attend an Initial Status Conference, and may be ordered to participate in mediation before a final hearing.
Even in contested cases, reaching an agreement outside of court often leads to better results than relying on a judge’s ruling. The best outcome is usually one that protects your rights and helps you move forward in a stable, healthy way.
What the Courts Consider in a Contested Divorce in Colorado
Filing for a contested divorce in Colorado requires several key documents, including:
- Petition for Dissolution of Marriage
- Case Information Sheet
- Summons
- Sworn Financial Statements
- Parenting Plan (if children are involved)
Once the case is filed and served, the court considers several factors when resolving disputed issues:
- The best interests of the child (if applicable)
- Each party’s financial situation and contributions
- Length of the marriage
- Future earning potential and employability
- Any history of abuse or neglect
These factors guide the court in making decisions about parenting time, support, and asset division—not who “deserves” more.
Factors That Can Work For or Against You
Certain behaviors or circumstances can work against someone going through a contested divorce in Colorado. These may include:
- Failing to disclose assets or debts during the financial disclosure process
- Violating court orders, such as temporary custody or support arrangements
- Refusing to cooperate during mediation or intentionally prolonging the process
- Documented substance abuse, domestic violence, or parental neglect
- Disparaging the other parent in front of the children
On the flip side, the following behaviors can significantly strengthen your position—especially when children or significant assets are involved:
- Being cooperative
- Keeping your information organized
- Maintaining honesty throughout the process
How Long Does a Contested Divorce Take in Colorado?
The minimum waiting period for any divorce in Colorado is 91 days from the date you serve the initial divorce papers on your spouse. However, contested divorces often take much longer, typically between 6 months to over a year, depending on:
- The complexity of the issues
- The court’s schedule
- The parties’ willingness to cooperate
- Whether expert witnesses or custody evaluations are needed
- Children are involved
A prolonged divorce can be emotionally and financially draining. That’s why having the right Colorado family law attorney by your side is critical to keeping the process as efficient and fair as possible.
Work With a Colorado Divorce Attorney Who Knows the Landscape
If you’re facing a contested divorce in Colorado, you don’t have to navigate it alone. One of our experienced attorneys at Colorado Legal Group can help you:
- File the necessary paperwork correctly and on time
- Build a strong case around your parental and financial interests
- Guide you through mediation and court procedures
- Avoid costly legal missteps that could delay or derail your case
- Advocate for fair outcomes based on facts—not emotion
At Colorado Legal Group, our attorneys are deeply familiar with the state’s divorce laws and local court systems. We know what judges are looking for and how to present your case strategically and compassionately. Our goal isn’t just to help you “win”—it’s to help you secure the future you deserve.
Contact us today to schedule a confidential case evaluation. Let’s take the first step toward a stronger, more secure next chapter.