General Steps in the Divorce Process in Colorado

Navigating the divorce process in Colorado involves several steps, including filing for divorce, attempting to reach agreements, and attending court hearings. The process can vary based on factors such as whether there are children involved or if the divorce is contested. Seeking guidance from experienced attorneys, like those at Colorado Legal Group, can help ensure your interests are protected throughout the process.

The steps in the Colorado divorce process may vary slightly, depending on the circumstances of the spouses involved. When a couple has been married for a short time, and there are no children or debts, the divorce may be quicker than one involving couples who have been married for a long time, have accumulated property, and have minor children.

Quick Overview: Mediation vs. Litigation

If a couple can agree on most aspects of the divorce (mediation or collaborative), such as dividing property and child custody, the process is also likely to be simpler and less expensive. However, bitter relationships can make getting a divorce in Colorado much more complicated and stressful (litigated or contested divorce).

At Colorado Legal Group, our experienced divorce lawyers aim to take some of the stress out of this process, providing professional and zealous advocacy to protect your interests and those of your family.

General Steps in the Colorado Divorce Process

Step 1: File for Divorce

The first step is filing for divorce. Colorado requires the marriage to be irretrievably broken for a divorce to proceed, and fault is not included in the initial petition. You or your spouse must have lived in Colorado for at least 91 days to file.

Step 2: Come to an Agreement if Possible

If you and your spouse agree on all issues, you can draft a settlement agreement outlining the terms. This can result in a joint petition, and the divorce may become final after 91 days, the statutory waiting period. Joint filing is an option in CO if the parties believe they can split assets amicably. In many contested cases, however, it takes longer, with one spouse filing the initial petition and then serving it to the other spouse, who then has 21 days to respond. Within approx 40 days after the petition is filed, both parties and their legal representatives attend an initial status conference with the court.

Step 3: Disclose Financial Information

During the 42-day period after serving the petition, both spouses must exchange mandatory financial information. This includes income, assets, debts, and monthly expenses.

Step 4: Temporary Orders Hearing

After disclosures and the status conference, there may be a temporary orders hearing. Temporary orders provide financial security or establish custody and visitation routines while the divorce is pending.

Step 5: Discovery

In some cases, spouses serve discovery requests, which can include depositions or interrogatories. This information can help assess settlement options or prepare for trial.

Step 6: Mediation

Most courts require the parties to engage in mediation with the hope that the parties will reach a full settlement, court intervention.

Step 7: Permanent Orders Hearing and Entering the Decree of Dissolution of Marriage

If couples still disagree on certain terms and are unable to reach a full settlement, a trial for permanent orders will follow. This is where a judge hears evidence and makes decisions on whichever issues still remain, usually regarding marital property, spousal support, or child custody matters. At the conclusion of the trial, the judge enters a decree of dissolution of marriage which includes substantive orders. 

Divorcing with Children in Colorado

Divorces involving children often involve emotionally charged and stressful aspects, particularly around child custody and support. At Colorado Legal Group, we can analyze your case, guide you on your next steps, and work toward solutions that safeguard your interests and your children’s future.

The Complexities of a Divorce with Kids

In Colorado, the term “custody” has been replaced with “allocation of parental responsibilities,” addressing parenting time and decision-making. Parenting time refers to how much time the child spends with each parent, while decision-making addresses how major decisions, such as those affecting education and medical care, are made.

The court can allocate decision-making powers jointly or solely to one parent, based on the specifics of each case. Child custody disputes are resolved in the child’s best interest, considering many relevant factors. The following are examples of some of those factors:

• The child’s relationship with each parent
• The physical and mental capability of each parent
• The living situation of each parent
• Income and earning expenses of each parent
• The child’s preferences once they reach a certain age
• Medical, educational, and other needs of the child
• The child’s adjustment to current school, home, and community

Colorado law values stability and consistency, and above all else, the court also considers evidence of detrimental conduct, such as substance abuse or domestic violence, when considering the best interests of children.

Moving to Other States with Children during Divorce

If one spouse moves to another state, the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) governs interstate custody disputes, and our lawyers can handle these complexities. Emergency relief may also be sought to prevent or retrieve children who have moved out of Colorado.

Child support is another issue arising in divorces with children, based on a statutory formula. The formula can become confusing with unconventional employment situations, and we can evaluate your case to determine the support obligation. Child support typically ends at 19, with limited exceptions.

How Alimony Works in Colorado Divorce

Alimony, or spousal support, is an important aspect of divorce proceedings in Colorado, ensuring financial stability for both parties. It can take various forms, serving different needs.

1. Temporary Alimony: This type of support is paid during the divorce process, helping the lower-earning spouse maintain their standard of living until final settlement.
2. Rehabilitative Alimony: In cases where one spouse needs time to gain skills or training to re-enter the workforce, rehabilitative alimony provides financial support for a specified period, allowing for self-sufficiency development.
3. Permanent Alimony: In long-term marriages, where one spouse may face difficulty becoming self-sufficient due to age or health reasons, permanent alimony provides indefinite financial support.

The goal of alimony is to mitigate unfair economic impacts post-divorce, ensuring the lower-earning spouse maintains a reasonable standard of living. Additionally, alimony orders can be modified if circumstances change significantly, such as job loss or remarriage.

Dissolution of Marriage in Colorado

Divorce, or “dissolution of marriage,” is the legal mechanism by which a marriage is formally ended. Cases are heard at the district court level and begin with a Petition for Dissolution of Marriage, a Summons, and a Case Information Sheet. The filing fee for divorce in Colorado is roughly around $200. Colorado does allow for the fee to be waived for those who can’t afford it.

Colorado is a “no-fault” divorce state, requiring only that the marriage is “irretrievably broken.” One spouse must have lived in Colorado for 91 days before filing, and the decree can’t be entered until 91 days after a joint filing or service of the petition on the responding party.

Primary Issues in Divorce Cases:

• Division of marital property
• Division of marital debt
• Maintenance (alimony)

Additional Issues in Cases with Minor Children:

• Child Custody (Allocation of Parental Responsibilities)
• Child Support

Filing for Divorce in Colorado or Navigating Divorce Out-Of-State

These issues must be agreed upon or resolved by the court after an evidentiary hearing. Agreements are outlined in a “separation agreement.” The case is “uncontested” if agreements are reached on all issues, and “contested” if unresolved issues remain.

The general process includes filing the requisite documents to begin the case, an initial status conference (usually held within approximately 42 days of opening your case), mediation, and possibly a “temporary orders” hearing to resolve interim issues. Mandatory financial disclosures must be exchanged within 42 days, and formal discovery may be needed.

Divorce cases typically take 6-12 months, varying by county and complexity.

Top 5 Reasons Why Couples Get Divorced

1. Communication Problems: Poor communication, lack of effective dialogue, and misunderstandings can create distance and unresolved issues, leading to irreparable damage in a marriage.
2. Infidelity: Extramarital affairs are a leading cause of divorce, as they breach trust and can create emotional wounds that are difficult to heal.
3. Financial Stress: Money issues, differing financial goals, and mismanagement can create significant stress in a marriage, leading to conflicts that may result in divorce.
4. Lack of Commitment: A general lack of commitment or effort to maintain the relationship can lead to feelings of neglect and disconnection, making divorce more likely.
5. Incompatibility: Over time, couples may find that they have grown apart or have fundamental differences in values, interests, or lifestyles, making it difficult to maintain the marriage.

Get Help Navigating the Divorce Process in Colorado

Facing the complexities of divorce in Colorado can be overwhelming, but you don’t have to navigate this challenging journey alone. Our expert legal team is here to provide compassionate guidance and robust advocacy to help you make informed decisions and achieve the best possible outcomes. 

For more information about the divorce process in Colorado, contact Colorado Legal Group at 720-594-7360 or submit a free case evaluation form to reach our Denver divorce lawyers, Colorado Springs divorce lawyers, or Grand Junction divorce lawyers.