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Divorce is never an easy decision, but understanding Colorado’s divorce laws can help make the process more manageable. If you are considering ending your marriage in Denver, it is essential to understand how divorce laws work in the state and what steps you need to take. This guide covers everything from residency requirements to property division and child custody, providing you with the knowledge needed to navigate the process effectively.
Before filing for divorce in Denver, you must meet the state’s residency requirements. Colorado law mandates that either spouse must have lived in the state for at least 91 days before filing for divorce. Additionally, if children are involved, they must have lived in Colorado for at least 182 days for the court to have jurisdiction over custody decisions.
Failure to meet these residency requirements may result in the dismissal of your case. A Denver divorce lawyer can help ensure that you fulfill all legal prerequisites before filing.
Colorado is a no-fault divorce state, which means that you do not need to prove wrongdoing by either spouse to obtain a divorce. The only legally recognized reason for divorce in Denver is the irretrievable breakdown of the marriage.
This means that even if one spouse does not want to get divorced, the court will grant the divorce as long as the other spouse testifies that the marriage is beyond repair. Since Colorado does not consider fault when granting a divorce, issues like adultery or abandonment typically do not impact the division of assets or spousal support.
Step 1: Filing for Divorce
To begin the divorce process, one spouse (the petitioner) must file a Petition for Dissolution of Marriage with the Denver District Court. The other spouse (the respondent) will then be served with divorce papers and has 21 days to respond (if they live in Colorado) or 35 days (if they live out of state).
Step 2: Temporary Orders
Since divorce proceedings can take months, temporary court orders may be necessary for child custody, financial support, and property use. These orders provide stability until the final divorce decree is issued.
Step 3: Negotiation and Settlement
Many divorces are resolved through negotiation, mediation, or collaborative law. A Denver divorce lawyer can help negotiate fair terms for both parties, including asset division, child custody, and spousal support. If an agreement is reached, the judge will review it to ensure it meets legal standards before approving the divorce.
Step 4: Finalizing the Divorce
If the parties reach an agreement, the court can finalize the divorce in as little as 91 days after filing. However, if disputes arise and the case goes to trial, the process may take much longer.
Colorado follows equitable distribution laws, meaning that marital property is divided fairly, but not necessarily equally. Courts consider factors such as:
Each spouse’s financial situation
Contributions to the marriage (including non-financial contributions like homemaking)
Economic circumstances post-divorce
Any agreements, such as prenuptial agreements
Property that is considered separate (owned before marriage or received as a gift/inheritance) is generally not subject to division.
Spousal maintenance, or alimony, may be awarded depending on factors such as:
The length of the marriage
The financial needs of each spouse
Each spouse’s ability to earn income
The standard of living during the marriage
In Colorado, spousal support is usually temporary and is meant to help the lower-earning spouse transition to financial independence.
When children are involved, custody decisions are based on the best interests of the child. Courts consider:
The relationship between each parent and child
The child’s adjustment to home, school, and community
The ability of each parent to provide a stable environment
Any history of domestic violence or substance abuse
Colorado uses the term "parental responsibility" instead of "custody," and decisions may include joint or sole parental responsibility.
Child support is calculated based on Colorado’s child support guidelines, which consider:
Both parents' incomes
The child’s healthcare and educational expenses
The number of overnights each parent has with the child
A Denver divorce lawyer can help ensure that custody and support arrangements are fair and legally enforceable.
While it is possible to handle a divorce on your own, having an experienced Denver divorce lawyer can be invaluable. A lawyer can:
Help you understand your legal rights
Ensure all necessary paperwork is filed correctly
Negotiate fair settlements
Represent you in court if disputes arise
Divorce can be emotionally and financially challenging, but with the right legal guidance, you can navigate the process smoothly and secure the best possible outcome.
Understanding divorce laws in Denver is crucial for anyone considering ending their marriage. From residency requirements to property division and child custody, many factors can affect the outcome of your case. Whether you and your spouse can reach an agreement or require litigation, a Denver divorce lawyer can provide the legal support you need.
If you are considering divorce, consulting with a qualified attorney can help you make informed decisions and protect your future.
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