Colorado Divorce Lawyers
When Your Marriage Ends, Your Future Begins
Going through a divorce in Colorado? You’re probably feeling scared, angry, confused, or maybe just exhausted from trying to make your marriage work. Whatever brought you to this point, you need to know that you’re going to get through this, and having the right Colorado divorce lawyer can make all the difference in how it goes.
We’ve handled hundreds of divorce cases in Denver, Boulder, Colorado Springs, and across Colorado.
We know that every divorce is different – some couples can work things out pretty easily, while others end up fighting about everything from who gets the dog to how to divide retirement accounts worth hundreds of thousands of dollars.
Divorce in Colorado
What You Need to Know
Here’s what we want you to understand: Colorado divorce law is designed to be fair, but fair doesn’t always mean equal. The decisions you make (or that get made for you by a judge) during your divorce will affect your life for years to come. That’s why it’s so important to have an experienced divorce attorney who knows how Colorado courts really work, not just what the law says on paper.
Colorado is what’s called a “no-fault” divorce state. That means you don’t have to prove that your spouse did something wrong to get divorced. You just have to show that your marriage is “irretrievably broken” – basically, that it’s broken beyond repair and you can’t fix it.
This might sound simple, but there’s actually a lot more to it. Even though Colorado doesn’t consider fault when granting the divorce itself, there are still situations where your spouse’s behavior might matter. For example, if they wasted marital money on gambling or an affair, that could affect how the court divides your property.
To get divorced in Colorado, one of you has to have lived here for at least 91 days before filing. Once you file, there’s a mandatory 91-day waiting period before the divorce can be finalized. This waiting period is supposed to give you time to think things over and maybe work things out, but in most cases, people use this time to negotiate the terms of their divorce
What Our Clients Say About Us
Property Division
What’s Really Fair?
This is probably what you’re most worried about, and rightfully so. How is the court going to divide up everything you’ve built together? In Colorado, courts follow something called “equitable distribution,” which means the division should be fair, but not necessarily 50/50.
Here’s how property division actually works in Colorado:
Marital Property vs. Separate Property
Anything you or your spouse acquired during the marriage is probably marital property, even if only one name is on the title. This includes your house, cars, retirement accounts, businesses, and even debt.
When Separate Property Gets Tricky
Separate property includes things you owned before you got married, gifts that were specifically given to just one of you, and inheritances. But here’s where it gets tricky – if you mixed separate property with marital property (like using an inheritance to pay down the mortgage), it might become marital property.
What the Court Actually Considers
When dividing property, Colorado courts look at factors like:
- The contribution of each spouse to the acquisition of the marital property, including the contribution of a spouse as 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, including the desirability of awarding the family home or the right to live therein for reasonable periods to the spouse with whom any children reside the majority of the time; and
- 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.
Our Attorneys
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Member & Managing Partner
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Member & Managing Partner
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Associate Attorney
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Associate Attorney
Frequently Asked Questions
How long does a divorce take?
When it comes to divorce proceedings, the length of time it takes for a case to be finalized can vary significantly based on numerous factors. In Colorado, the timeframe is regulated by a mandatory 91-day waiting period from either the date of a joint filing or the service of the responding party. This means the absolute minimum duration for a divorce case in Colorado is 91 days, but in reality, most cases tend to surpass this timeline. The complexity of the issues at hand and the level of conflict between the parties play crucial roles in determining the overall length of the divorce proceedings.
Do we have to separate before divorce?
No. In Colorado, spouses are not mandated to separate before initiating the divorce process or finalizing their divorce, setting it apart from some other states that uphold a mandatory separation period. This legal framework allows couples the flexibility to navigate the divorce proceedings with a Colorado divorce lawyer according to their circumstances.
While some spouses may choose to physically separate before initiating the divorce process or while their case is in progress, others opt to continue residing under the same roof even amid a pending divorce case. The lack of a mandatory separation clause in Colorado divorce law acknowledges the diverse situations that couples may encounter during the dissolution of their marriage.
Spousal Support (Alimony)
Support Isn’t Automatic
Not everyone gets spousal support in Colorado, and when it is awarded, it’s not permanent. The court looks at whether one spouse needs support and whether the other spouse can afford to pay it.
Spousal support in Colorado depends on factors like:
- How long you were married
- Each spouse’s income and earning potential
- The standard of living during the marriage
- The distribution of marital property, including whether additional marital property may be awarded to reduce or alleviate the need for maintenance
- Age and health of both spouses
For marriages that lasted less than 3 years, spousal support is rare. For longer marriages, there are guidelines that help determine how much support might be appropriate and for how long.
Child Custody and Support
If You Have Kids, This Matters Most.
If you have kids, this is probably what you’re most concerned about. Colorado courts make child custody decisions (called “parental responsibilities” in Colorado) based on what’s in the best interests of the children.
Child Custody
The court looks at things like:
- Each parent’s relationship with the children
- The children’s needs and preferences (if they’re old enough)
- Each parent’s ability to provide a stable home
- Whether there are any safety concerns
Child Support
Child support in Colorado is calculated using specific guidelines that consider both parents’ incomes, how many overnights each parent has, and costs like health insurance and childcare
Uncontested vs. Contested Divorce
Two Paths Forward
Uncontested Divorce
If you and your spouse can agree on all the major issues – property division, child custody, child support, and spousal support – you might be able to get an uncontested divorce. This is faster, cheaper, and less stressful than going to court.
But here’s the thing: just because you both want to avoid court doesn’t mean you should agree to unfair terms. We’ve seen too many people agree to things they later regret because they didn’t understand their rights or the long-term consequences.
Contested Divorce
If you can’t agree on the big issues, you’ll end up with a contested divorce. This means the court will make decisions for you after hearing evidence from both sides. Contested divorces take longer and cost more, but sometimes they’re necessary to protect your interests.
Our Experience
Common Divorce Issues We Handle
Business Ownership
If you or your spouse own a business, figuring out what it’s worth and whether it’s marital property can be complicated. We work with business valuation experts to make sure you get a fair result.
Retirement Accounts
401(k)s, pensions, and other retirement accounts accumulated during marriage are usually marital property. Dividing them requires special court orders called QDROs (Qualified Domestic Relations Orders).
High-Asset Divorces
When there’s significant wealth involved, property division becomes more complex. We handle cases involving multiple properties, investment portfolios, stock options, and other complex assets.
High-Conflict Situations
Some divorces involve domestic violence, substance abuse, or other serious issues. We know how to protect our clients and their children in these situations.
What to Expect
The Divorce Process in Colorado
1.
Filing for Divorce
One spouse files a “Petition for Dissolution of Marriage” with the court and serves it on the other spouse. The other spouse then has 21 days to respond.
2.
Temporary Orders
If you need immediate help with things like child support, custody, or who gets to stay in the house, you can ask the court for temporary orders that will be in effect while your divorce is pending.
3.
Discovery
Both sides exchange information about income, assets, debts, and other relevant information. This might involve producing documents, answering written questions, or giving sworn testimony.
4.
Negotiation and Settlement
Most divorces settle out of court through negotiation between the attorneys. This gives you more control over the outcome than having a judge decide.
5.
Trial
If you can’t reach an agreement, your case goes to trial and a judge makes the final decisions.
Cost of Divorce
How Much Does Divorce Cost in Colorado?
This is one of the first questions people ask, and unfortunately, there’s no simple answer. Divorce costs depend on:
Whether it’s contested or uncontested
How complex your financial situation is
How well you and your spouse can communicate and compromise
Whether you have children
How long the process takes
On the lower end
An uncontested divorce with no children and simple finances might cost a few thousand dollars.
On the higher end
A complex, high-conflict divorce with significant assets and custody disputes can cost tens of thousands of dollars.
Why It Matters
Why You Need an Experienced Colorado Divorce Attorney
Colorado divorce law might seem straightforward, but there are a lot of nuances that can significantly impact your case. Here’s what we bring to your divorce:
Local Court Knowledge
We know the judges in Denver, Boulder, Colorado Springs, and other Colorado courts. We understand their preferences, tendencies, and how they typically handle different types of cases.
Strategic Thinking
We help you focus on what really matters and avoid getting caught up in fights that won’t help you in the long run. Sometimes the best strategy is to be aggressive; sometimes it’s better to compromise.
Emotional Support
Divorce is incredibly stressful, and we’ve helped hundreds of people through it. We’ll explain what’s happening, prepare you for what’s coming next, and help you make decisions based on logic rather than emotion.
Protection of Your Rights
There are deadlines and procedures that must be followed exactly. Missing a deadline or failing to properly present evidence can hurt your case in ways that can’t be fixed later.
What Makes Nexus Family Law Group Different
We’ve been handling Colorado divorce cases for years, and we’ve learned that every client needs something different. Some people want to get through their divorce as quickly and quietly as possible. Others need to fight hard to protect their children or their financial future.
We Listen to Your Priorities
Before we develop any strategy, we take time to understand what’s most important to you. Is it maintaining a relationship with your ex for the kids’ sake? Is it protecting your retirement? Is it making sure you can stay in the family home? Your priorities drive our approach.
We’re Honest About Your Options
We’ll tell you the truth about what’s realistic in your case, even if it’s not what you want to hear. False hope doesn’t help anyone, and unrealistic expectations make everything harder.
We Keep You Informed
Divorce proceedings can drag on for months or even over a year. We make sure you always know what’s happening and what comes next.
Our Practice Areas
We are here to give you the legal representation that you deserve.
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