Executive Summary:
Going through a divorce in Denver can feel overwhelming, especially if you’re unsure what steps to take or what your future might look like. This guide walks you through the Denver divorce process step-by-step, from filing the petition to finalizing your case. You’ll learn the difference between contested and uncontested divorces, how mediation fits into the process, and what timelines to expect. Along the way, you’ll also find practical tips to help you prepare legally, financially, and emotionally. With guidance from an experienced Denver family law attorney, you can navigate each stage with clarity and confidence.
Understanding Divorce in Denver
Before starting the legal process, it’s important to understand how divorce works in Colorado. The state follows a “no-fault” divorce system, which means you don’t have to prove wrongdoing–only that your marriage is “irretrievably broken.” This can make filing a divorce in Denver more straightforward, but it doesn’t eliminate the emotional, financial, or legal challenges that can come with ending a marriage. A knowledgeable Denver family law attorney can explain how these laws apply to your situation and help you prepare for the steps ahead.
Step 1: File Your Petition
A divorce in Denver begins when one spouse files a Petition for Dissolution of Marriage with the court. Once filed, your case will fall into one of two categories:
- Uncontested Divorce: You and your spouse agree on all major issues such as property division, parenting arrangements, and spousal support (alimony), making the process faster and more straightforward.
- Contested Divorce: You and your spouse disagree on one or more issues, which requires negotiation, mediation, or possibly a trial. These cases tend to be more complex and take longer to resolve.
It’s important to gather essential documents early, including bank statements, tax returns, mortgage information, and retirement account records. Being organized from the start of your divorce in Denver will help you and your legal team address each issue more efficiently.
Step 2: Address the Key Issues
Whether your divorce in Denver is contested or uncontested, certain core matters must be resolved before the court can issue a final decree:
- Property Division: Colorado follows equitable distribution, meaning marital property is divided fairly, though not always equally. Understanding what counts as marital versus separate property can help protect your financial interests.
- Child Custody and Parenting Time: The court’s priority is the best interests of the child. Parenting plans outline decision-making responsibilities and schedules, and both parents are encouraged to work together when possible.
- Child Support and Spousal Maintenance: Support amounts are calculated based on state guidelines that factor in income, parenting time, and other relevant details. Alimony may be awarded in some cases to help a spouse adjust financially.
Thinking ahead about your priorities and possible compromises in each area can make negotiations smoother and reduce the likelihood of costly disputes.
Step 3: Participate in Mediation (If Required)
If your divorce in Denver is uncontested, you may be able to finalize your case without mediation. However, in contested cases, mediation is often a required step before going to trial. During mediation, a neutral third party helps you and your spouse work through disagreements and reach mutually acceptable solutions.
Mediation can:
- Save time and reduce legal costs
- Keep decision-making in your hands rather than the court’s
- Encourage problem-solving and cooperation, especially in co-parenting situations
Even if you’re feeling frustrated, going into mediation with the help of a Denver family law attorney ensures your rights are protected and that the final agreement is fair and legally sound.
Step 4: Go to Trial (If Needed)
If mediation doesn’t resolve all disputes, your case will proceed to trial. At this stage, a judge will hear evidence, review testimony, and make final decisions on the unresolved issues.
Trial can be stressful, time-consuming, and expensive, but it may be necessary in high-conflict situations or cases involving complex financial or custody matters. Having a Denver family law attorney prepare your evidence and represent you in court can make a significant difference in the outcome.
Step 5: Finalize Your Divorce
The mandatory waiting period for a divorce in Denver to be finalized is 91 days from the date the petition is served. While some uncontested cases wrap up shortly after that, most take longer, especially if disputes require mediation or trial. The complexity of your issues, how quickly you can reach agreements, and court scheduling will all affect the timeline.
Once all matters are resolved, the court will issue a Final Decree of Dissolution of Marriage, officially ending your marriage and outlining the terms you must follow moving forward.
Step 6: Plan for Life After Divorce
Finalizing your divorce in Denver isn’t the end of the journey–it’s the beginning of a new chapter. Once the court issues your decree, you’ll need to take steps to adjust both legally and personally. For many people, this stage can feel overwhelming, but with the right planning, you can set yourself up for a smoother transition and a stronger future.
Here are some ways to move forward after divorce:
- Update your finances: Close or separate joint accounts, update beneficiaries on retirement plans and insurance, and create a new household budget that reflects your current income and expenses.
- Adjust legal documents: Review and update your will, powers of attorney, and any other estate planning documents to reflect your new circumstances.
- Create a stable parenting plan: If children are involved, focus on consistency with schedules, school routines, holiday schedules, and communication to support them through the change.
- Build your support system: Lean on family, friends, or a counselor who can provide emotional support and encouragement.
- Set new personal goals: Think about what you want to accomplish in the next year, whether it’s career growth, improving your health, or starting a new hobby to help you rebuild your confidence and sense of independence.
Working with a Denver family law attorney after divorce can also be helpful if you need to modify court orders, enforce agreements, or address unexpected issues down the road.
Partner with Colorado Legal Group for Your Divorce in Denver
A divorce in Denver comes with its own legal processes, timelines, and challenges. Partnering with a knowledgeable Denver family law attorney gives you the tools, guidance, and advocacy you need to protect your future. At Colorado Legal Group, our attorneys understand the local courts, know the laws inside and out, and are committed to helping you navigate every step with clarity and confidence.
If you’re ready to take the next step, contact us today to schedule your consultation. The sooner you start, the sooner you can move toward a fresh start.