The Complete Guide to Divorce in Colorado
Everything You Need to Know Before, During, and After
Our comprehensive 30-page guide walks you through every aspect of the divorce process in Colorado, from initial filing to final decree. Written by experienced family law attorneys to help you understand your rights and options.
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What You'll Learn
Guide Contents
Chapter 1: Introduction: Your Path Forward
Divorce is one of life's most challenging transitions. Whether you've been contemplating this decision for years or it came as a sudden realization, knowing what lies ahead can help you navigate this journey with greater confidence and clarity. This guide was created by the family law attorneys at Hartwell Family Law to provide you with the essential information you need to understand the divorce process in Colorado. While every situation is unique, the fundamental legal framework applies to all divorces in our state. Our goal is not to replace legal counsel—in fact, we strongly encourage you to work with an experienced attorney who can advise you on your specific circumstances. Rather, this guide aims to empower you with knowledge so you can ask the right questions, make informed decisions, and advocate for yourself and your children throughout this process. Colorado takes a thoughtful, forward-looking approach to divorce. As a "no-fault" state, the focus is not on assigning blame but on creating fair outcomes that allow both parties to move forward. Understanding this philosophy can help you approach your divorce with a mindset that serves your long-term interests. Whatever brought you to this point, please know that you are not alone. Thousands of Colorado families navigate divorce each year, and with the right support and information, you can emerge from this transition ready to build the next chapter of your life.
Chapter 2: Chapter 1: Understanding Colorado Divorce Law
Colorado is a "no-fault" divorce state, which means neither spouse needs to prove the other did something wrong to obtain a divorce. The only ground for divorce in Colorado is that the marriage is "irretrievably broken"—meaning there is no reasonable prospect of reconciliation. This no-fault approach has several important implications: **You Don't Need Your Spouse's Agreement** While your spouse can contest certain aspects of the divorce (property division, custody, etc.), they cannot prevent the divorce itself. If one spouse believes the marriage is irretrievably broken, the court will grant the divorce. **Fault Doesn't Affect Property Division** Unlike some states, Colorado does not consider marital misconduct (infidelity, for example) when dividing property. The court focuses on equitable division based on financial factors, not punishment for behavior. **Fault Can Affect Custody** While fault doesn't impact property division, behavior that affects the children can be considered in custody decisions. A parent's conduct, particularly if it impacts the children's wellbeing, may influence parenting time and decision-making allocations. **Key Terms You'll Encounter** In Colorado, divorce is officially called "Dissolution of Marriage." You'll also hear terms like: - Petitioner: The spouse who files for divorce - Respondent: The spouse who receives the divorce papers - Decree: The final court order that officially ends the marriage - Parenting Plan: The document outlining custody and visitation arrangements - Maintenance: Colorado's term for alimony or spousal support - APR: Allocation of Parental Responsibilities (custody) **The Best Interests Standard** When children are involved, Colorado courts make all decisions based on "the best interests of the child." This standard guides everything from custody arrangements to child support calculations.
Chapter 3: Chapter 2: Residency and Filing Requirements
Before filing for divorce in Colorado, you must meet certain residency requirements: **Residency Requirement** At least one spouse must have been a resident of Colorado for at least 91 days before filing for divorce. This means having your primary home in Colorado—not just visiting or owning property here. **Where to File** You file for divorce in the district court of the county where either you or your spouse resides. If you've recently moved, you may have options about which county to file in. **Waiting Period** Colorado has a mandatory 91-day waiting period from the date the respondent is served with divorce papers (or signs a waiver of service) until the divorce can be finalized. This waiting period cannot be waived, even if both parties agree on everything. **What You'll Need to File** 1. **Petition for Dissolution of Marriage** - The formal document requesting the divorce 2. **Summons** - Official notice to your spouse 3. **Case Information Sheet** - Basic case details for the court 4. **Sworn Financial Statement** - Detailed disclosure of income, assets, and debts (required within 42 days of filing) 5. **Parenting Plan** - If you have children, a proposed custody arrangement 6. **Child Support Worksheet** - If applicable 7. **Filing Fee** - Currently approximately $230 (fee waivers available for those who qualify) **Service of Process** Your spouse must be officially notified of the divorce filing through "service of process." This can be accomplished by: - Personal service by a process server or sheriff - Acceptance of service (your spouse signs a waiver) - Service by publication (when spouse cannot be located) **Military Considerations** Special rules apply when either spouse is in the military, including protections under the Servicemembers Civil Relief Act.
Chapter 4: Chapter 3: Types of Divorce Proceedings
Not all divorces follow the same path. Understanding your options can help you choose the approach that best fits your situation. **Uncontested Divorce** When both spouses agree on all issues—property division, custody, support—you may qualify for an uncontested divorce. This is typically the: - Fastest option (can be complete in 91 days) - Least expensive approach - Least stressful for families - Most private (minimal court involvement) An uncontested divorce works best when: - Both parties are willing to communicate and cooperate - Assets and debts are relatively straightforward - You've agreed on custody arrangements - Neither party is hiding assets or income **Mediation** In mediation, a neutral third party helps you and your spouse negotiate agreements. The mediator doesn't make decisions but facilitates productive discussions. Benefits include: - Less adversarial than litigation - Typically faster and less expensive than court - More control over the outcome - Can preserve co-parenting relationships - Confidential process Mediation may not be appropriate if there's domestic violence, significant power imbalances, or one party refuses to participate in good faith. **Collaborative Divorce** Each spouse has their own collaboratively-trained attorney, and everyone commits to settling without going to court. The process may include: - Financial specialists - Child specialists - Coaches for emotional support If the collaborative process fails, both attorneys must withdraw, and you'll need new attorneys for litigation. **Litigation (Contested Divorce)** When spouses cannot agree, the court makes decisions for them. Litigation involves: - Discovery (exchanging financial information) - Motions and hearings - Possibly a trial - Judge-made decisions Litigation is typically the most expensive and time-consuming option but may be necessary when: - One party is uncooperative - There are complex assets or hidden property - Safety concerns exist - Significant disputes cannot be resolved otherwise **Simplified Procedures** Colorado offers simplified procedures for certain cases: - No children - Short marriage (less than 3 years) - Limited assets and debts - Both parties agree on all terms
Chapter 5: Chapter 4: The Divorce Process Step-by-Step
Understanding the typical divorce timeline helps you plan and reduces anxiety about the unknown. **Step 1: Initial Filing (Day 1)** The petitioner files the Petition for Dissolution of Marriage with the district court. The court assigns a case number and the process officially begins. **Step 2: Service of Process (Days 1-30)** The respondent must be formally served with divorce papers. Once served, the 91-day waiting period begins. The respondent has 21 days (35 days if served outside Colorado) to file a response. **Step 3: Financial Disclosures (Within 42 Days)** Both parties must exchange Sworn Financial Statements detailing: - Income from all sources - Monthly expenses - Assets (bank accounts, retirement, real estate, vehicles) - Debts and liabilities This disclosure is mandatory and must be made under oath. Hiding assets can result in serious legal consequences. **Step 4: Temporary Orders (If Needed)** Either party may request temporary orders to address urgent issues while the divorce is pending: - Temporary custody arrangements - Temporary support payments - Use of the family home - Restraining orders if necessary **Step 5: Discovery (If Contested)** In contested cases, parties gather information through: - Interrogatories (written questions) - Requests for production of documents - Depositions (sworn testimony) - Subpoenas to third parties **Step 6: Negotiation and Mediation** Most cases settle before trial through: - Direct negotiation between attorneys - Court-ordered mediation - Settlement conferences **Step 7: Settlement or Trial** If agreement is reached, you'll sign a Separation Agreement that becomes part of the court's final order. If not, the case proceeds to trial where a judge makes decisions. **Step 8: Final Decree (Day 91 or Later)** The court enters the Decree of Dissolution of Marriage, officially ending the marriage. The decree incorporates all agreements or court orders regarding: - Property and debt division - Spousal maintenance - Parenting plan - Child support **Typical Timelines:** - Uncontested: 3-4 months - Mediated: 4-9 months - Collaborative: 6-12 months - Litigated: 9-24+ months
Chapter 6: Chapter 5: Property Division in Colorado
Colorado is an "equitable division" state, which means marital property is divided fairly—but not necessarily equally. Understanding how property division works is crucial to protecting your interests. **Marital vs. Separate Property** *Marital Property* includes most assets and debts acquired during the marriage, regardless of whose name is on the title: - Income earned during marriage - Retirement contributions made during marriage - Real estate purchased during marriage - Vehicles, furniture, and personal property - Business interests developed during marriage - Debts incurred during marriage *Separate Property* generally remains with the original owner: - Property owned before marriage - Inheritances received by one spouse - Gifts given specifically to one spouse - Property excluded by valid prenuptial agreement **Commingling Warning** Separate property can become marital property if it's "commingled" with marital assets. For example: - Depositing an inheritance into a joint account - Using premarital funds to pay the mortgage on a marital home - Adding your spouse's name to a pre-owned asset **Factors Courts Consider** When dividing property, courts look at: - Each spouse's contribution to acquisition of property - Value of property set apart to each spouse - Economic circumstances at the time of division - Any increase or decrease in value of separate property during marriage - Depletion of separate property for marital purposes **Common Assets and How They're Handled** *The Family Home* Options include: - One spouse buys out the other - Sell the home and split proceeds - Deferred sale (often until children graduate) - "Birdnesting" (children stay, parents rotate) *Retirement Accounts* - Usually divided via Qualified Domestic Relations Order (QDRO) - Consider tax implications and early withdrawal penalties - Valued as of a specific date *Business Interests* - Professional valuation usually required - Consider goodwill, accounts receivable, equipment - One spouse may buy out the other's interest *Vehicles* - Determine fair market value - Consider remaining loan balances - Usually assigned to primary driver *Debt Division* - Credit card debt - Mortgages and HELOCs - Student loans (may be separate if acquired before marriage) - Vehicle loans **Important Protections** - Get accurate valuations of significant assets - Document separate property with clear paper trails - Consider tax implications of asset division - Don't hide assets—the consequences are severe
Chapter 7: Chapter 6: Spousal Maintenance (Alimony)
Colorado calls alimony "spousal maintenance." Unlike child support, maintenance isn't automatically awarded—it depends on specific circumstances. **Types of Maintenance** *Temporary Maintenance* Awarded during the divorce process to maintain the status quo while the case is pending. *Permanent/Ongoing Maintenance* Awarded in the final decree, with a set amount and duration. *Rehabilitative Maintenance* Short-term support to help a spouse become self-supporting through education or job training. **Who Qualifies for Maintenance?** Courts consider whether the requesting spouse: - Lacks sufficient property to meet reasonable needs - Is unable to support themselves through appropriate employment - Has custodial responsibilities that limit employment - Needs education/training to become employable **Colorado's Advisory Guidelines** For marriages of 3-20 years where combined gross income is $240,000 or less, Colorado provides advisory guidelines: *Amount:* 40% of the higher earner's gross income minus 50% of the lower earner's gross income (maintenance cannot exceed 40% of combined income) *Duration:* Based on marriage length - 3 years: 11 months - 5 years: 21 months - 10 years: 54 months - 15 years: 90 months - 20+ years: Up to 50% of marriage length **Factors Affecting Maintenance** Even with guidelines, courts consider: - Financial resources of each party - Lifestyle during marriage - Distribution of marital property - Income, employment, and employability - Age and health of both parties - Significant economic or non-economic contributions - Historical earnings patterns **Modification and Termination** Maintenance typically ends upon: - Death of either party - Remarriage of the recipient - Expiration of the ordered term - Court modification based on changed circumstances Modification requires showing a "substantial and continuing" change in circumstances, such as: - Job loss - Significant income change - Disability or serious illness - Recipient becoming self-supporting **Tax Implications** For divorces finalized after December 31, 2018: - Maintenance is NOT deductible by the payer - Maintenance is NOT taxable to the recipient This differs from prior law and can significantly affect settlement negotiations.
Chapter 8: Chapter 7: Child Custody and Parenting Time
Colorado refers to custody as "Allocation of Parental Responsibilities" (APR). Understanding these concepts is essential for any parent going through divorce. **Types of Custody** *Decision-Making Responsibility (Legal Custody)* The authority to make major decisions about your children: - Education (school choice, special services) - Healthcare (medical treatment, therapy) - Religious upbringing - Extracurricular activities This can be: - Joint (shared between parents) - Sole (one parent decides) - Divided (split by category) *Parenting Time (Physical Custody)* The actual time each parent spends with the children. Common arrangements include: - Equal time (50/50) - Primary residence with one parent, visitation with the other - Various schedules based on age and circumstances **The Best Interests Standard** All custody decisions are based on what's best for the child, considering: - The child's wishes (if of sufficient age and maturity) - Each parent's wishes - The child's relationship with each parent and siblings - The child's adjustment to home, school, and community - Mental and physical health of all individuals - Each parent's ability to encourage a relationship with the other parent - History of domestic violence or abuse - Proximity of parental homes - Each parent's ability to place the child's needs ahead of their own **Creating a Parenting Plan** Every custody case requires a detailed parenting plan addressing: - Regular parenting time schedule - Holiday and vacation schedules - Transportation and exchanges - Communication between parent and child - Decision-making authority - How to resolve future disputes - Relocation provisions **Common Parenting Time Schedules** - Week on/week off - 2-2-3 rotation - Every other weekend plus midweek dinner - 60/40 splits - Customized schedules for unique circumstances **Factors That Can Hurt Your Custody Case** - Involving children in adult conflicts - Speaking negatively about the other parent - Limiting the other parent's time - Domestic violence or substance abuse - Instability in housing or employment - Failing to support the child's education - Social media posts showing poor judgment **Modification of Custody** Custody orders can be modified if there's: - Substantial change in circumstances - Best interests of the child require a change - Both parents agree to modifications A parenting plan can always be modified by agreement—court intervention is only needed when parents disagree.
Chapter 9: Chapter 8: Child Support Fundamentals
Child support in Colorado is calculated using specific guidelines that consider both parents' incomes and the amount of time each parent spends with the children. **How Child Support is Calculated** Colorado uses an income shares model based on: 1. **Both Parents' Gross Monthly Income** - Employment income - Self-employment income - Commissions and bonuses - Investment income - Retirement benefits - Workers' compensation - Unemployment benefits 2. **Number of Children** More children = higher support obligation 3. **Parenting Time** The number of overnights each parent has significantly affects the calculation. The "shared physical care" threshold is 93 overnights (about 25% of the year). 4. **Adjustments** - Other children either parent is supporting - Childcare costs for work - Health insurance premiums for children - Extraordinary medical expenses - Extraordinary expenses (educational, etc.) **What Child Support Covers** Basic child support is meant to cover: - Housing - Food - Clothing - Basic transportation - Basic educational needs **Additional Expenses (Often Shared Separately)** - Childcare/daycare - Health insurance premiums - Uncovered medical expenses - Extracurricular activities - Private school tuition - College expenses **Duration of Child Support** In Colorado, child support typically continues until the child: - Turns 19, or - Turns 19 and is still in high school (until graduation or age 21, whichever comes first), or - Is emancipated, or - Marries Support may extend beyond 19 for children with disabilities. **Enforcement** If a parent doesn't pay child support: - Wage garnishment - Tax refund interception - Suspension of licenses (driver's, professional, recreational) - Contempt of court proceedings - Reporting to credit bureaus **Modification** Child support can be modified when there's: - Change in income of either parent (usually 10% or more) - Change in parenting time - Change in child's needs - Change in childcare or insurance costs - Emancipation of a child covered by the order You can request a review every 36 months even without showing changed circumstances.
Chapter 10: Chapter 9: Protecting Yourself During Divorce
Divorce makes you vulnerable in ways you may not anticipate. Taking proactive steps can protect you legally, financially, and emotionally. **Financial Protection** *Gather Documentation* Make copies of all financial documents: - Tax returns (last 3-5 years) - Bank and investment statements - Retirement account statements - Credit card statements - Mortgage documents - Vehicle titles - Insurance policies - Pay stubs and employment contracts - Business financial statements *Monitor Accounts* - Check accounts regularly for unusual activity - Know what credit cards and accounts exist - Consider credit monitoring services - Document the current state of all accounts *Protect Your Credit* - Know your credit score - Consider freezing joint credit cards - Don't run up debt in anticipation of divorce - Open accounts in your own name if needed *Separate Finances Carefully* - Consult an attorney before moving money - Don't hide assets—it will backfire - Document any separate property - Keep inheritances and gifts separate **Legal Protection** *Understand Automatic Temporary Restraining Orders* When you file for divorce in Colorado, automatic temporary injunctions take effect: - Neither party can transfer, sell, or hide assets - Neither can change beneficiaries on insurance or retirement - Neither can cancel insurance - Children cannot be removed from the state *Document Everything* - Keep a journal of significant events - Save text messages and emails - Take photos of property conditions - Note concerning behavior *Stay in the Home (Usually)* Moving out can affect: - Custody arrangements - Access to documents and property - Possession of the family home Consult an attorney before leaving the marital residence. **Digital Security** - Change passwords on personal accounts - Check for shared cloud storage or device syncing - Review location sharing settings - Be cautious about what you post online **Emotional Protection** - Build a support network - Consider therapy or counseling - Don't use your children as confidants - Limit discussions with your spouse to necessary topics - Take care of your physical health **Safety Concerns** If you're experiencing domestic violence: - Create a safety plan - Document incidents - Know where to go in an emergency - Consider a protection order - Contact the National Domestic Violence Hotline: 1-800-799-7233
Chapter 11: Chapter 10: What to Do Before Filing
Preparation before filing can save time, money, and stress throughout the divorce process. **Assess Your Situation** - Honestly evaluate whether reconciliation is possible - Consider marriage counseling if appropriate - Understand your reasons for divorce - Think about your goals and priorities **Build Your Team** - Find a qualified family law attorney - Consider a therapist or counselor - Identify trusted friends or family for support - Think about whether you need a financial advisor **Financial Preparation** 1. Create an inventory of assets and debts 2. Gather all financial documents (see Chapter 9) 3. Understand your monthly expenses 4. Open individual bank accounts 5. Establish credit in your own name 6. Consider how you'll support yourself **Practical Considerations** - Where will you live? - What about health insurance? - How will custody work initially? - Can you maintain the family's standard of living? **For Parents** - Think about what custody arrangement serves your children best - Don't badmouth your spouse to the children - Maintain stability and routines for the children - Consider how you'll tell the children - Research co-parenting resources **Legal Preparation** - Research your rights under Colorado law - Understand the divorce process - Know what to expect regarding property division - Have realistic expectations about custody and support **What NOT to Do** - Don't hide assets or income - Don't make major purchases without thinking - Don't sign anything without understanding it - Don't try to "win" by being vindictive - Don't make decisions based on anger - Don't involve children in conflict - Don't post about your divorce on social media - Don't date before you're ready (and understand the implications) **The Initial Consultation** When you meet with an attorney: - Bring copies of financial documents - Prepare a list of questions - Be honest about your situation - Discuss fees and billing practices - Ask about their approach and experience - Trust your instincts about fit
Chapter 12: Chapter 11: Choosing the Right Attorney
The attorney you choose can significantly impact your divorce experience and outcome. Here's how to find the right fit. **When You Need an Attorney** You should seriously consider hiring an attorney if: - Your spouse has an attorney - You have significant assets or debts - There are children involved - There's a history of domestic violence - Your spouse is being uncooperative - Complex issues exist (business, retirement) - You don't understand your rights **Types of Representation** *Full Representation* The attorney handles all aspects of your case. *Limited Scope/Unbundled Services* The attorney helps with specific tasks while you handle others. *Consulting Services* Occasional advice while you represent yourself. **What to Look For** - Experience with family law (not just any attorney) - Familiarity with local courts and judges - Communication style that works for you - Realistic about outcomes - Clear about fees and billing - Appropriate support staff - Available when you need them **Questions to Ask** 1. How long have you practiced family law? 2. What percentage of your practice is family law? 3. Have you handled cases similar to mine? 4. What is your approach to divorce (collaborative, aggressive, etc.)? 5. How do you communicate with clients? 6. What are your fees and how do you bill? 7. Who else in your office might work on my case? 8. What's your estimate of how long my case will take? 9. What are the likely outcomes in my situation? 10. What can I do to keep costs down? **Red Flags** - Guarantees specific outcomes - Speaks poorly of all opposing counsel - Hard to reach or unresponsive - Pushes litigation when it may not be necessary - Doesn't listen to your goals - Unclear about fees - Makes you uncomfortable **Fee Structures** - Hourly rates (most common) - Flat fees (for uncontested divorces) - Retainers (upfront payment against future work) - Payment plans (some firms offer these) **Managing Costs** - Stay organized - Respond promptly to requests - Be prepared for meetings - Don't use your attorney as a therapist - Communicate efficiently - Pick your battles wisely **The Consultation** Most family law attorneys offer initial consultations. Use this time to: - Assess their experience and approach - Understand the likely process - Get a realistic view of outcomes - Determine if you're comfortable with them - Ask about fees and expectations Trust matters. You'll be sharing intimate details of your life and relying on this person's judgment during a difficult time. Choose someone you trust and respect.
Table of Contents
- 1.Introduction: Your Path Forward
- 2.Chapter 1: Understanding Colorado Divorce Law
- 3.Chapter 2: Residency and Filing Requirements
- 4.Chapter 3: Types of Divorce Proceedings
- 5.Chapter 4: The Divorce Process Step-by-Step
- 6.Chapter 5: Property Division in Colorado
- 7.Chapter 6: Spousal Maintenance (Alimony)
- 8.Chapter 7: Child Custody and Parenting Time
- 9.Chapter 8: Child Support Fundamentals
- 10.Chapter 9: Protecting Yourself During Divorce
- 11.Chapter 10: What to Do Before Filing
- 12.Chapter 11: Choosing the Right Attorney
- 13.Glossary of Terms
- 14.Appendix: Preparing for Divorce Checklist
Who This Guide Is For
Anyone considering or beginning the divorce process in Colorado
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This guide provides a foundation of knowledge. For personalized guidance on your specific situation, schedule a consultation with our experienced family law attorneys.