Executive Summary:
When you’re in the middle of a contested divorce in Colorado, it’s easy to feel like the outcome will hinge on who tells the better story. But the truth is, contested divorce hearings aren’t popularity contests or dramatic TV courtroom scenes. Judges aren’t swayed by gossip, exaggerated claims, or emotional outbursts; they’re focused on evidence, credibility, and the law. This blog will walk you through what a contested divorce hearing really involves, what Colorado judges actually consider when making decisions, and how you can walk into court prepared, confident, and focused on what truly matters.
What Is a Contested Divorce in Colorado?
A contested divorce happens when you and your spouse cannot agree on one or more major issues, such as:
- Division of property and debts
- Child custody and parenting time
- Child support
- Spousal maintenance (alimony)
When these disputes can’t be resolved through negotiation or mediation, they move to a contested divorce hearing. At this stage, the judge makes the final decision based on the evidence and testimony presented in court. Whether you live in Denver or Colorado Springs, the process follows the same rules and requires careful preparation.
The Biggest Misconception About Contested Divorce Hearings
Many people walk into a contested divorce hearing thinking it’s their chance to “set the record straight” or paint the other person in a bad light. While it’s natural to want to tell your side of the story, Colorado judges are not looking for personal attacks or emotional drama.
Instead, they focus on:
- Factual evidence that supports your claims
- Relevant testimony that speaks directly to the issues in dispute
- Credibility and how consistent and reliable your statements are
If you spend your time in court talking about every wrong thing your spouse ever did, you risk losing the judge’s attention and undermining your own case.
What Judges in Colorado Actually Look For
When deciding contested divorce cases, judges have a clear legal framework they must follow. Here are some of the main factors they consider:
1. The Best Interests of the Child (if custody is involved)
Colorado law requires judges to put the child’s needs first. They may consider:
- Each parent’s ability to provide a safe, stable home
- How well each parent supports the child’s relationship with the other parent
- The child’s adjustment to home, school, and community in Denver or Colorado Springs
- Any history of domestic violence or substance abuse
2. Fair Division of Property and Debts
Colorado is an “equitable distribution” state, meaning property is divided fairly, though not necessarily equally. Judges look at:
- The value of marital assets and debts
- Contributions each spouse made during the marriage (financial and non-financial)
- Each spouse’s economic circumstances after the divorce
3. Income and Financial Needs
When determining child support or spousal maintenance, judges review:
- Current and potential income for each spouse
- Living expenses and financial obligations
- Standard of living during the marriage
Why Evidence Beats Emotion in a Contested Divorce
In a contested divorce, the most persuasive thing you can bring to court isn’t an emotional plea––it’s proof. Colorado judges value well-organized, relevant evidence that directly supports your position. This can include:
- Pay stubs, tax returns, and financial statements
- Written agreements or communications
- School and medical records
- Witness testimony from neutral third parties
If it’s not directly related to the issues the judge is deciding, it’s probably not going to help your case.
How to Handle Yourself When It’s Your Day in Court
The way you present yourself in court can be just as important as the evidence you provide. Judges pay close attention to credibility, demeanor, and professionalism; small missteps can have a big impact on how your case is perceived.
Do:
- Be consistent: Ensure your statements and testimony align with your evidence. Any contradictions can hurt your credibility.
- Stay calm: Keep your composure, even if emotions run high. Judges notice when someone becomes defensive, argumentative, or overly emotional.
- Dress and act professionally: Your appearance and conduct show respect for the court.
- Listen to your attorney: They know what matters to the judge and how to present your case effectively.
Don’t:
- Overload the judge with irrelevant details: Keep your testimony focused on the issues at hand.
- Badmouth your spouse in front of your children: This can reflect poorly on your character and parenting.
- Hide information from your attorney: Surprises in court rarely work in your favor.
- Ignore court deadlines or requirements: Missing these can seriously harm your case.
Approaching your contested divorce hearing with professionalism, honesty, and focus will help you earn the judge’s trust and keep the spotlight where it belongs: on the facts that support your case.
Work With a Team That Knows Colorado Courts
The winning strategy isn’t telling the longest story or proving you’re the “better” person. It’s about showing the judge clear, relevant, and credible evidence that supports your position. At Colorado Legal Group, we understand how contested divorce hearings work in Denver, Colorado Springs, and courts throughout Colorado. We know what judges look for, what they disregard, and how to position your case for the best possible outcome. Our team can guide you through every step of the process, from preparing your evidence to helping you present yourself in a way that strengthens your credibility.
If you’re facing a contested divorce in Colorado, don’t walk into the courtroom unprepared. Contact us today to schedule a consultation and see how our experience can make a difference in your case.