When parents separate or divorce in Colorado, they may have a lot of questions about child support, how it works, and what it covers. Many parents assume that child support is intended to cover only basic necessities such as food, clothing, and housing. In actuality, Colorado’s child support system is designed to account for a broad range of expenses associated with raising a child.

Colorado uses statutory child support guidelines to determine a presumptive support obligation based primarily on the parents’ incomes, the number of children, and the amount of parenting time each parent exercises. This calculation can also account for certain expenses, including work- and education-related childcare, health insurance, extraordinary medical expenses, and other extraordinary expenses. Our Colorado child support lawyers can help you understand what is and isn’t included in the basic child support obligation to help you come to an agreement on parenting time and other issues related to your kids.

At Ascent Legal Group, we take a strategic approach to Colorado family law matters. We will advocate for your best interests while helping you look for practical solutions whenever possible. Reach out to our law firm today to schedule a free 30-minute consultation with a Colorado Springs family law attorney.

How Is Child Support Calculated in Colorado?

Colorado’s child support guidelines are designed to estimate the amount of financial support that would have been available for the children if the parents had remained together. The calculation considers the parents’ combined adjusted gross income and then allocates responsibility between them. Parenting time is also relevant to the calculation, as the parent with less parenting time typically pays child support to the parent with more parenting time.

When calculating child support under the guidelines, certain expenses are handled separately as add-ons to the basic child support obligation. This includes childcare, health insurance, extraordinary medical expenses, and other extraordinary expenses. Our Colorado child support calculator takes into account these additional child-related costs, although it is important to understand that courts can deviate from the standard child support calculation when necessary.

Not every expense associated with raising a child is added to the child support payment as a separate line item. Instead, many expenses are presumed to be covered by the basic child support obligation.

What Does Basic Child Support Typically Cover?

Basic child support is intended to contribute toward the ordinary costs of raising a child. Although the statute does not provide a list of everything covered by the monthly payment, the guideline amount is intended to address the child’s basic needs. These expenses commonly include:

• Food and groceries
• Clothing and shoes
• Housing and household expenses 
• Utilities
• Ordinary personal care expenses
• Ordinary transportation costs
• Routine recreation expenses
• School-related necessities that may be considered part of ordinary living expenses (such as back-to-school supplies)
• Other day-to-day costs associated with caring for a child

If a parent receives a monthly child support payment, that parent does not need to account for every grocery purchase, utility bill, or clothing payment to demonstrate that the support was spent appropriately. The parent receiving child support is presumed to spend the total child support obligation on the children. This means that the parent paying child support typically does not have the right to demand to know how the other parent spent every dollar. 

The purpose of the support order is to provide financial resources for the child’s needs. However, expenses that fall outside of the basic child support obligation may be addressed separately if the parents agree or if the court orders an additional contribution.

How Are Childcare Expenses Paid?

Childcare is one of the most important expenses that may be addressed separately from the basic child support amount. Colorado law provides for an adjustment for net child care costs incurred because of a parent’s employment, job search, or education. These costs are generally divided between the parents in proportion to their adjusted gross incomes.

For example, suppose a parent has to pay for daycare in order to be able to work their full-time job. That childcare expense may be incorporated into the child support calculation instead of requiring that parent to absorb the entire cost.

However, childcare that isn’t related to work or education is not necessarily covered by child support. If you are using childcare for any other reason, those expenses won’t be added to the support obligation. For example, if you pay a babysitter so you can go out to dinner every Friday night with your friends, that won’t be considered an education- or work-related childcare expense that can be included in the child support calculation.

Are Health Insurance and Medical Expenses Covered by Child Support?

Colorado courts can order a parent (or both parents) to provide medical insurance for a child or otherwise provide for the child’s current and future medical needs. The child-related portion of health insurance premiums can be incorporated into the child support calculation. 

Colorado law separately addresses extraordinary medical expenses, which can include uninsured expenses, including copayments and deductibles. This can include things like dental treatment, braces, vision care, physical therapy, prescription medication, medical equipment, counseling, and other uninsured healthcare expenses. For children with disabilities, extraordinary medical expenses can also include vehicle modifications, respite care, therapeutic activities, and more. 

These expenses are usually divided between the parents in proportion to their adjusted gross income rather than automatically split 50/50. Parents should review their child support order before assuming that the other parent is responsible for half of an unexpected medical bill.

Do Extracurricular Activities Count as Child Support Expenses?

For Colorado parents, extracurricular activities can be one of the more complicated issues to navigate when it comes to child-related expenses.  Sports, music lessons, dance, gymnastics, scouting, camps, and similar programs can be costly. However, parents should not assume that every extracurricular expense is added to the basic child support or divided between them.

A parent may be required to contribute to a child’s athletic or extracurricular activities in appropriate circumstances. Courts can consider factors such as the child’s needs, the family’s circumstances, the reasonableness of the expense, and the child’s standard of living before the parents separated. In other words, the circumstances will often determine whether or not the expense will be split.

For example, if a child has played on a pricey club soccer team for years, that will likely be treated differently than a new activity that a child started after the parents divorced or separated. Similarly, if one parent decided to start their child in a new activity without consulting the other, that can affect how the expense is handled.

When possible, parents should discuss substantial extracurricular expenses before committing to them. A parenting plan or court order can establish procedures for deciding:

• Which activities require mutual agreement;
• How much each parent will contribute;
• Whether there is a spending threshold requiring advance approval;
• How registration fees and equipment costs will be divided;
• Who is responsible for transportation; and
• What happens if one parent does not agree to an activity.

Our Colorado family lawyers can help you craft an agreement that incorporates these types of provisions to help you avoid uncertainty and disagreements in the future. Instead of having to go to court whenever an issue arises, a more forward-thinking parenting plan can reduce costs and stress over time.

How Are Educational Expenses Paid?

Ordinary school expenses are typically considered part of the basic costs of raising a child. However, Colorado law allows certain educational expenses to be treated as extraordinary expenses.

Under the guidelines, reasonable and necessary expenses for a child to attend a special or private elementary or secondary school to meet the child’s educational needs may be allocated between the parents. Mandatory fees for public school can also qualify, such as laboratory fees, testing fees, educational materials, and certain supply fees. This does not include fees for uniforms, meals, or extracurricular activity fees.

If you make the decision to send your child to private school, you should not assume that the other parent will be responsible for half of the tuition. Whether private school tuition will be included as an extraordinary expense will depend on the child’s educational needs and the circumstances of the family. A court will consider factors such as the child’s needs and the standard of living the child would have experienced if the parents had stayed together.

Importantly, college and postsecondary education is handled differently from ordinary child support for a minor child. In some situations, a court may order a parent to contribute towards expenses like tuition, books, and fees for college, university, or a career and technical school. Postsecondary expenses can also be addressed in a divorce settlement or parenting plan.

How Are Transportation Costs Handled?

Colorado’s child support guidelines also address certain transportation costs. By agreement or court order, reasonable and necessary expenses for transporting a child between the parents’ homes may be allocated between the parents in proportion to their adjusted gross incomes.

This issue usually arises when the parents live far apart or when transportation responsibilities create substantial costs. For example, if one parent lives four hours away, the parents may need to split airfare costs or address how the expenses of driving back and forth will be paid. A parenting plan should establish how transportation will be handled and how expenses related to transportation will be handled.

What Expenses Are Usually Shared Separately?

There is no universal rule that every expense outside of the basic child support amount must be divided equally. Depending on the circumstances, expenses may be handled through:

• The basic monthly child support obligation;
• A specific adjustment to the child support calculation;
• A separate allocation between the parents;
• Direct payment to a provider;
• Reimbursement from one parent to the other; or
• A provision in the parenting plan or final court order.

Some extraordinary expenses are specifically divided according to the parents’ adjusted gross incomes. Other expenses may require an agreement between the parents or a court order.

Can Parents Agree to Share Additional Expenses?

Parents can often negotiate provisions that are more specific than the statutory guidelines. For example, parents may agree that they will share certain expenses for:

• Sports and extracurricular activities
• Summer camps
• Private school
• Tutoring
• Music lessons
• Technology required for school
• College savings
• Dental or orthodontic care
• Counseling
• Special medical equipment
• Transportation

Any agreement about these types of expenses should be specific enough to reduce future disagreements. For example, instead of stating that parents will split extracurricular expenses, a parenting plan could establish whether both parents must consent before an activity is undertaken and specify how the costs will be divided.

Can Child Support Be Changed If a Child’s Expenses Increase?

In Colorado, child support can be modified if there has been a significant and continuing change in circumstances. For example, childcare expenses may increase if a parent goes back to work full-time. A child may develop a medical condition that requires expensive treatments, begin a costly educational program, or get involved in a pricey extracurricular activity.

Changes in a parent’s income or in parenting time can also impact a child support calculation. In these circumstances, it may be possible to get a child support order modified. Generally, if the amount of support owed would change by 10%, that may be considered a substantial change in circumstances. Similarly, if there are significant changes in expenses, it may warrant a modification of child support.

Our Perspective on Colorado Child Support

In theory, Colorado’s child support guidelines provide a straightforward way to determine child support. In practice, there are a lot of unusual situations that go beyond the guideline calculations. This makes it incredibly important to think ahead when coming to an agreement on the allocation of parental responsibilities and child support.

In our experience, relying solely on the basic child support obligation can leave a lot of uncertainty. As anyone who has raised kids knows, you have to expect the unexpected. It isn’t unusual for clients to come to us to ask how to handle expenses for their kids that were never contemplated by their parenting plan. 

We believe that a comprehensive parenting plan that addresses potential expenses in detail is the best way to avoid these problems (and the expense of litigation) in the future. Rather than having to go to court to decide who pays for an expensive extracurricular activity, you can spell out in advance exactly how these disagreements will be handled.

Of course, there are no guarantees that you and your ex won’t fight about some expenses related to the kids in the future. However, having an agreement that addresses the most likely possibilities in detail with specific provisions about how you’ll share the expenses can help. We work with clients to help them develop agreements that are designed to reduce the risk of future litigation.

How Ascent Legal Group Can Help

Child support is about meeting a child’s needs while allocating financial responsibility fairly between parents. A carefully drafted agreement can provide clarity about both the monthly child support obligation and the additional expenses that may arise as a child grows.

At Ascent Legal Group, our Colorado family law attorneys can help parents understand how income, parenting time, childcare expenses, insurance, medical expenses, educational costs, and other financial responsibilities may affect a child support order. Whether you are establishing a child support order for the first time, reviewing an existing order, negotiating a parenting plan, or seeking a modification, having a clear understanding of your financial obligations can help you make informed decisions. If you’d like to learn more, give us a call at 719-256-0067 or fill out our online contact form to talk to a Colorado Springs family lawyer.

Frequently Asked Questions about Colorado Child Support

Can Child Support Be Used for Expenses at the Parent’s Household?

Yes. Child support is intended to help meet a child’s overall needs, which can include household costs associated with providing the child with a place to live and caring for them. The support payment is not restricted to purchases made exclusively for the child.

Can a Parent Challenge an Expense They Believe Is Unreasonable?

Depending on the type of expense and the language of the existing court order or parenting plan, a parent may be able to dispute responsibility for a particular cost. This is especially important when a substantial expense was incurred without consulting with or getting agreement from the other parent. 

Does a Parent Have to Pay More Child Support if the Child Develops Expensive Needs?

A significant change in a child’s medical, educational, or other needs may affect how the family’s expenses are allocated. Depending on the circumstances, the change could support a request to modify an existing child support order or address a particular expense separately.

Can Parents Create Their Own Agreement about How Children’s Expenses Will Be Divided?

The basic child support obligation in Colorado is determined using the statutory child support guidelines. However, parents can agree to additional financial arrangements concerning their children, provided the agreement complies with Colorado law. Putting specific terms in writing can help prevent future disputes over unexpected or recurring expenses.

Resources:

• Calculating Child Support Payments in Colorado. Colorado Child Support Services. https://childsupport.colorado.gov/calculating-payments
• Colorado Revised Statutes § 14-10-115. FindLaw. https://codes.findlaw.com/co/title-14-domestic-matters/co-rev-st-sect-14-10-115/

Divorce can affect nearly every part of your life. In addition to legal decisions about property, finances, parenting, and support, you may also be dealing with grief, anger, uncertainty, loneliness, or anxiety about what comes next. Even when you know ending your marriage is the right decision, adjusting to a new chapter can take time.

You do not have to navigate that adjustment alone. Divorce support groups in Colorado, individual counseling, family therapy, community programs, and other resources can provide emotional support during and after the divorce process. Finding the right support system can make it easier to manage the emotional side of divorce while you focus on the legal and practical decisions that must be made.

At Ascent Legal Group, we understand that family law matters involve much more than paperwork and court hearings. Our goal is to help clients understand their legal options and make informed decisions while they move through this significant life transition. Contact our law firm today to schedule a free 30-minute consultation with a Colorado Springs divorce attorney.

Why Consider a Divorce Support Group?

Divorce can often feel isolating. Friends and family members may want to help, but they may not understand the specific challenges associated with ending a marriage. They may also have a personal connection to your soon-to-be ex, making it hard for them to offer advice or for you to share the more personal details of your marriage with them.

A support group can connect you with people who are going through similar experiences. Support groups can provide:

• A place to talk openly about divorce-related emotions
• Encouragement from people who understand what you are experiencing
• Opportunities to learn healthy coping strategies
• A sense of community during a major life transition
• Practical ideas for adjusting to life after divorce
• Support with rebuilding confidence and independence 
• A setting where you can discuss concerns without having to explain the entire experience

Not every divorce support group is the same. Some are facilitated by licensed mental health professionals, while others are community or faith-based. Some groups focus primarily on emotional recovery, while others address parenting, rebuilding relationships, or specific experiences such as divorce later in life (“gray divorce”). 

There is no single best divorce support group for everyone. Before joining, you should consider what you actually want from the experience. You should ask yourself:

• Do I want a professionally facilitated group?
• Would I prefer a faith-based or secular environment?
• Would I be more comfortable in a group specifically for men or women?
• Do I want an in-person or online group?
• Am I looking for emotional support or structured education?
• Do I need a group focused on parenting after divorce?
• Would individual therapy provide more appropriate support?
• Can I attend the group consistently?
• If attendance has a fee, is the cost manageable for me?
• Does the group feel respectful and emotionally safe? 

It may take more than one attempt to find the right fit for you. This is perfectly normal, as everyone experiences divorce differently and has unique needs.

Divorce Support Groups in Colorado 

Many Colorado support groups use the “Fisher Seminars” as the basis for their programs. These seminars were originally designed by a Boulder marriage therapist, Bruce Fisher. This course teaches relationship-building skills and offers support to separated partners. 

The Fisher Seminars are highly-regarded in Colorado and beyond. You may choose to take a Fisher Seminar or attend a support group based on these principles.

There are a number of divorce support groups available to Colorado residents. They include:

1. Divorcing a Narcissist Support Group: This group is specifically focused on the challenges associated with divorcing a narcissist. It meets in Boulder.
2. Rebuilding After Divorce or Relationship Loss: This therapeutic group helps participants rebuild their lives after a breakup or divorce. It meets in Boulder.
3. The StrongHusband Mastermind Pro: This group meets in Greeley and is hosted by a therapist, with a focus on men becoming their best selves whether they are married or divorced.
4. Rocky Mountain Therapy Group: A faith-based option, this group offers in-person meetings in Highlands Ranch along with telehealth services.
5. Rebuilding Seminars: This 10-week seminar meets in locations throughout Colorado, including Boulder and Denver, and helps participants heal after a divorce.
6. LoveThrives: This online closed group offers education and support over Facebook or Zoom.
7. For The Kids Divorce Workshop: This support group is for co-parents or guardians navigating co-parenting arrangements. It meets in Greenwood Village.
8. Divorced Men Support Group: This group is facilitated by a counselor and is specifically geared towards divorced men. It meets in Greeley.
9. Narcissistic Abuse Recovery Group: This group is for women healing from intimate partner violence, narcissistic abuse, and other toxic relationships. It meets in Denver.
10. Divorce Recovery: This group helps women get their lives back on track after a divorce. It meets in Denver.
11. Men Contemplating or Going Through Divorce: This group meets in Glenwood Springs and is specifically for supporting men.
12. Marital Crossroads Separation & Divorce Support: This group is for those contemplating divorce or going through a divorce. It meets in Louisville.
13. Relationship and Divorce Recovery: This group is for adults who have gone through or are planning to divorce. It meets in Denver.
14. Divorce Support Group: This group meets in Parker to discuss how to find help and healing for the hurt of separation and divorce.
15. Daring to Dig Deep: A woman-focused group that helps women as they decide whether to stay in their relationship. It meets in Denver.
16. Divorce & Separation Support Group: This virtual therapy group explores the emotional, spiritual, and relational aspects of divorce and separation.
17. Divorce Recovery Group: Rebuilding: This Colorado Springs group focuses on how individuals can rebuild their lives after a divorce.
18. Divorce Recovery Workshops: Based in Arvada, this group focuses on how you can heal from anger, hurt, and resentment.
19. Relationship Endings Recovery Group: This group uses the Fisher framework to help participants deal with the emotional and practical aspects of separation and divorce.
20. Divorce Support Group: This Colorado Springs support group offers help for people considering divorce, going through divorce, or dealing with the aftermath of a divorce.

Counseling During and After Divorce

A support group is not a replacement for individual therapy when you need more personalized care. Many people benefit from combining group support with individual counseling.

A licensed therapist can provide a private setting to address issues such as:

• Grief and loss
• Anger and resentment
• Anxiety about the future
• Depression or persistent sadness
• Difficulty adjusting to life changes
• Changes in self-esteem or identity
• Communication problems with an ex-spouse
• Parenting and co-parenting stress
• Difficulty establishing boundaries
• Fear about dating or future relationships
• Stress related to financial or legal changes

Individual therapy may be especially useful when your circumstances are complicated or when group discussions don’t provide enough individualized attention for your needs.

When searching for a therapist or counselor, you can seek out professionals who specifically identify divorce, separation, relationship transitions, grief, family counseling, or co-parenting among their areas of focus. You can check with your insurance company to determine if therapy and counseling are covered by your plan.

Counseling for Children During Divorce

Parents sometimes focus so heavily on their own emotional recovery that they might not recognize that their kids may also need additional support. It is often a good idea to look into support for your children if you are separating or divorcing.

Children can respond to divorce in many different ways. Some become withdrawn or anxious. Others may become angry, have difficulty concentrating, experience changes in behavior, or worry that they somehow caused the separation.  A child’s age and personality can influence how they respond.

Child or family therapy may help children:

• Understand that the divorce is not their fault
• Express emotions in an age-appropriate way
• Adjust to changes in routines
• Cope with moving between two households
• Develop healthy communication skills
• Process changes in their relationship with each parent

Parents should also avoid using children as messengers or asking them to take sides. Maintaining predictable routines and reassuring children that both parents love them can help provide stability during an uncertain period.

Emotional Recovery Strategies After Divorce

Joining a support group is only one part of recovering from divorce. You can also take practical steps to protect your emotional well-being.

1. Give Yourself Time: There is no universal timeline for recovering from divorce. You may feel relieved one day and overwhelmed the next. Emotional recovery is rarely a straight line. Try not to judge yourself for experiencing difficult emotions even when you believe the divorce was necessary.
2. Establish a Routine: Divorce can disrupt nearly every aspect of daily life. Creating a regular schedule for meals, exercise, work, sleep, social activities, and time with your children can provide a sense of stability.
3. Stay Connected: Isolation can make difficult emotions worse. Maintain relationships with trusted friends and family members, even if you do not feel like discussing your divorce every time you see them.
4. Focus on What You Can Control: You may not be able to control your former spouse’s decisions or behavior. You can control how you communicate, how you respond, and the boundaries you establish. This mindset can be particularly helpful when conflict continues after the divorce.
5. Take Care of Your Physical Health: Exercise, adequate sleep, nutritious meals, and regular medical care can support your overall well-being during a stressful period. Small habits can make a meaningful difference over time.
6. Be Careful about Major Decisions: Divorce can create pressure to make immediate changes to your career, living situation, finances, or relationships. Some changes may be necessary, but when possible, give yourself time to think through major decisions rather than making them solely in response to temporary emotions.

How a Colorado Divorce Attorney Can Help

Divorce support groups can help you cope with the emotional side of divorce, but you may still have difficult legal questions that require professional advice. Depending on your circumstances, a Colorado divorce attorney can help you understand issues involving:

• Divorce and legal separation
• Property and debt division
• Parenting time
• Decision-making responsibilities
• Child support
• Spousal maintenance
• Temporary orders
• Mediation and settlement
• Court filings
• Modifications and enforcement of existing orders

Your divorce lawyer may also be able to provide a list of local support groups and therapists in Colorado Springs that others have found helpful.

At Ascent Legal Group, our family law attorneys help clients understand their options and navigate divorce and other family law matters. We can help you make decisions based on your circumstances and allow you to focus more on your emotional recovery while we handle the legal technicalities.

You Don’t Have to Navigate Divorce Alone

Divorce is a legal process, but it is also a major personal transition. Building a network of support can help you manage the emotional challenges while you make important decisions about your future. At the same time, your attorney can provide the legal guidance that you need to navigate your divorce smoothly.

If you are considering divorce or are already involved in a Colorado divorce case, Ascent Legal Group is here for you. We can help you understand the legal issues affecting your family and work toward a resolution that protects your interests. To learn more or to schedule a free 30-minute consultation with a Colorado Springs divorce attorney, give us a call at 719-256-0067 or fill out our online contact form.

Frequently Asked Questions

Are Divorce Support Groups Only for People Who Are Already Divorced?

No. Many groups welcome people who are considering separation, are currently going through a divorce, or have already finalized their divorce. Some programs specifically focus on the transition from marriage to single life, making them useful before and after the legal process is complete.

Can I Get Legal Advice at a Divorce Support Group?

No. A support group can provide emotional encouragement, shared experiences, and practical perspectives, but it should not replace advice from a Colorado family law attorney. Keep in mind that any legal suggestions or input from other group members may not be accurate or may not be applicable to your specific situation.

What If I Don’t Feel Comfortable Talking in a Group?

You don’t necessarily have to share personal information immediately. Some groups allow participants to listen and become comfortable before participating. If group settings make you uncomfortable, individual counseling may be a better starting point.

Resources:

• Rebuilding After Divorce Seminars. Fisher Rebuilding Seminars. https://fisherrebuildingseminars.com/
• Divorcing a Narcissist Support Group in Boulder, Colorado. Psychology Today. https://www.psychologytoday.com/us/groups/divorcing-a-narcissist-support-group-boulder-co/188128
• Rebuilding After Divorce or Relationship Loss Support Group in Boulder, Colorado. Psychology Today. https://www.psychologytoday.com/us/groups/rebuilding-after-divorce-or-relationship-loss-boulder-co/35971
• The StrongHusband Mastermind Pro in Greeley, Colorado. Psychology Today. https://www.psychologytoday.com/us/groups/the-stonghusband-mastermind-pro-greeley-co/30108
• Rocky Mountain Therapy Group in Highlands Ranch, Colorado. Psychology Today. https://www.psychologytoday.com/us/groups/rocky-mountain-therapy-group-highlands-ranch-co/205024
• Divorce Support Group and Rebuilding Seminars in Niwot, Colorado. Psychology Today. https://www.psychologytoday.com/us/groups/divorce-support-group-rebuilding-seminars-niwot-co/178390
• LoveThrives Online Closed Support Group in Salida, Colorado. Psychology Today. https://www.psychologytoday.com/us/groups/lovethrives-online-closed-group-salida-co/168251
• For the Kids Divorce Workshop in Greenwood Village, Colorado. Psychology Today. https://www.psychologytoday.com/us/groups/for-the-kids-divorce-workshop-745pm-greenwood-village-co/66240
• Support Group Specifically for Divorced Men in Greeley, Colorado. Psychology Today. https://www.psychologytoday.com/us/groups/group-specifically-for-divorced-men-greeley-co/138854
• Narcissistic Abuse Recovery Group for Women in Denver, Colorado. Psychology Today. https://www.psychologytoday.com/us/groups/narcissistic-abuse-recovery-group-for-women-denver-co/209475
• Divorce Recovery Group in Denver, Colorado. Psychology Today. https://www.psychologytoday.com/us/groups/divorce-recovery-accepting-new-members-denver-co/54986
• Support Group for Men Contemplating or Going Through Divorce in Glenwood Springs, Colorado. Psychology Today. https://www.psychologytoday.com/us/groups/men-contemplating-going-through-or-who-are-divorce-glenwood-springs-co/204986
• Marital Crossroads Separation and Divorce Support Group in Louisville, Colorado. Psychology Today. https://www.psychologytoday.com/us/groups/marital-crossroads-separation-divorce-support-louisville-co/42135
• Relationship and Divorce Recovery Group in Denver, Colorado. Psychology Today. https://www.psychologytoday.com/us/groups/relationship-divorce-recovery-denver-co/62062
• Divorce Support Group in Parker, Colorado. Psychology Today. https://www.psychologytoday.com/us/groups/divorce-support-group-parker-co/239615
• Daring to Dig Deep Support Group in Denver, Colorado. Psychology Today. https://www.psychologytoday.com/us/groups/daring-to-dig-deep-denver-co/170479
• Divorce and Separation Support Group in Fort Collins, Colorado. Psychology Today. https://www.psychologytoday.com/us/groups/divorce-separation-support-group-fort-collins-co/278396
• Divorce Recovery and Rebuilding Group in Colorado Springs, Colorado. Psychology Today. https://www.psychologytoday.com/us/groups/divorce-recovery-group-rebuilding-colorado-springs-co/45784
• Divorce Recovery Workshops in Arvada, Colorado. Psychology Today. https://www.psychologytoday.com/us/groups/divorce-recovery-workshops-arvada-co/179179
• Relationship Endings Recovery Group in Carbondale, Colorado. Psychology Today. https://www.psychologytoday.com/us/groups/relationship-endings-recovery-group-carbondale-co/216745

Divorce is one of the most significant life changes that a person can experience. Even when both spouses agree that ending the marriage is the right decision, the legal, financial, and emotional aspects of the process can feel overwhelming. If you are preparing for a divorce in Colorado, understanding what to expect and taking proactive steps can make the process far less stressful.

Colorado’s divorce laws are designed to provide a fair framework for ending a marriage, but every case is unique. Without proper preparation, issues such as property division, spousal maintenance, and the allocation of parental responsibilities can quickly become complicated. Whether you are just considering filing for divorce or are ready to make the leap, these practical tips can help you navigate your Colorado divorce more efficiently and with fewer surprises.

Ascent Legal Group offers practical, strategic legal representation to clients across a range of Colorado family law matters. We work collaboratively with our clients to help them reach the best solution for them, whether that means negotiating a settlement or taking a case to trial. Contact our law offices today to schedule a free 30-minute consultation with a Colorado Springs divorce lawyer.

Understanding Divorce in Colorado

Before getting into specific tips about divorce, it helps to understand the basics of Colorado divorce law. Colorado allows either spouse to file for a dissolution of marriage based on the claim that the marriage is “irretrievably broken.” Unlike some states, there is no requirement to prove adultery, abandonment, or other misconduct.

To file for divorce in Colorado, at least one spouse must have lived in the state for at least 91 days before filing. If children are involved, they must have lived in Colorado for a minimum of 182 days before the court has jurisdiction to decide any issues relating to the kids.

In a divorce, a Colorado court can address issues such as:

• Division of marital property and debts
• Allocation of parental responsibilities (custody)
• Parenting time
• Child support
• Spousal maintenance (alimony)

Understanding the basics of Colorado divorce law can help you better prepare for the process ahead. If you have questions, you can also reach out and schedule a free 30-minute consultation with our Colorado Springs divorce lawyers.

11 Tips to Make Your Colorado Divorce As Smooth As Possible

There is no guarantee that your divorce will be smooth, even if you follow all of these steps. The reality is that a lot depends on the relationship between you and your soon-to-be ex. No amount of preparation will necessarily overcome a combative communication style or a desire to “punish” your spouse for something.

However, these tips are designed to help make the divorce process as smooth as possible. Following them doesn’t guarantee that you and your spouse will agree on everything or that the divorce process will be seamless. But when you proactively prepare for a divorce, it can help to make the process much more straightforward.

1) Get Organized Before You File

One of the most effective ways to reduce stress during the divorce process is to gather important information before legal proceedings begin. In Colorado, both spouses have to exchange mandatory financial disclosures, even in uncontested divorce cases. Having those documents ready ahead of time can make it easier to complete the disclosure.

Start collecting:

• Tax returns
• Bank statements
• Credit card statements
• Retirement account records
• Mortgage documents
• Vehicle titles
• Insurance policies
• Pay stubs
• Business records (if applicable)

Having these documents organized and readily available can save significant time and money later. It can also help your attorney build a stronger strategy and prevent unnecessary delays. 

2) Understand Property Division Basics

Many people mistakenly assume that everything will automatically be split 50/50 during a divorce. Colorado law is more nuanced.

Colorado follows the principle of equitable distribution. This means that marital property is divided fairly, though not necessarily equally. Separate property is not subject to distribution in a divorce.

Generally, marital property includes assets and debts acquired by the couple during a marriage, such as:

• Income earned during the marriage
• Assets acquired during the marriage
• Retirement contributions made during the marriage
• Certain increases in property value

Separate property includes assets owned before marriage, gifts received by one spouse, individual inheritances, and assets that are designated as separate by a valid prenuptial or postnuptial agreement. 

Understanding equitable distribution basics can help you establish realistic expectations. It can also allow you to avoid unnecessary disputes with your spouse.

3) Create a Post-Divorce Budget Early

Many divorcing spouses focus solely on current finances and fail to consider how life will look after the divorce is finalized. Developing a realistic post-divorce budget can help you make informed decisions throughout negotiations. 

Consider future expenses such as:

• Housing costs
• Utilities
• Child-related expenses
• Health insurance
• Retirement savings
• Transportation
• Debt obligations

Knowing what you will actually need financially can influence decisions involving property division and support arrangements. It can also make settlement negotiations smoother. A well-planned budget can also reduce the likelihood of you agreeing to settlement terms that may prove difficult to sustain later.

4) Keep Emotions Separate from Legal Decisions

Divorce is emotional by nature. Feelings of anger, sadness, betrayal, or frustration are completely normal. However, allowing emotions to drive legal decisions often leads to unnecessary conflict and increased costs.

This can include doing things like:

• Fighting over property with little financial value
• Rejecting reasonable settlement offers out of principle
• Pursuing litigation to “win” rather than to achieve practical goals

The most successful divorce outcomes often come from focusing on long-term priorities rather than your current emotional state. 

When you are making important decisions about your divorce, you can try asking yourself if a particular thing will matter to you five years down the road. This can help you distinguish between what might be a purely emotional reaction versus a more practical concern.

5) Prioritize Your Children’s Best Interests

If you and your spouse share children, their well-being should remain the primary focus throughout the divorce process. Colorado courts prioritize the best interests of the child when determining parental responsibilities and parenting arrangements. 

Parents can help make the process smoother by:

• Avoiding negative comments about the other parent
• Keeping children out of legal disputes
• Maintaining consistent routines when possible
• Encouraging healthy relationships with both parents
• Communicating respectfully regarding parenting matters

Remember that a divorce ends a marriage, not a co-parenting relationship. Children often adjust better after a divorce when parents minimize conflict and work cooperatively to create stability.

6) Be Careful with Social Media

Many people underestimate how social media activity can impact a divorce case. Even if your profile is set to private, posts, pictures, comments, and messages can still become evidence in court proceedings.

Common social media mistakes include:

• Posting about new relationships 
• Sharing vacation photos while claiming financial hardship
• Making negative comments about a spouse
• Discussing the divorce publicly
• Posting content that contradicts court filings

Even seemingly harmless posts can be taken out of context. A good rule of thumb is simple: if you would not want a judge to see it, don’t post it.  You may even choose to deactivate your account or stay off of social media entirely while your divorce is pending.

7) Consider Mediation Whenever Appropriate

Not every divorce requires a courtroom battle. In many cases, going to court is more expensive, more stressful, and does not necessarily result in a better outcome.

Many Colorado couples successfully resolve disputes through mediation, which involves working with a neutral third party to reach an agreement about issues in your divorce. Potential benefits of mediation include:

• Lower costs
• Faster resolution
• Greater privacy
• More control over outcomes
• Reduced conflict

Mediation can be used to resolve any and all issues in a divorce, such as property division, spousal maintenance, and parenting plans. Even if there are some unresolved issues, mediation can narrow down the matters that ultimately require court intervention.

8) Avoid Major Financial Changes During the Divorce

Significant financial decisions during divorce can often create complications. You should avoid things like:

• Emptying bank accounts
• Selling valuable assets
• Taking on large amounts of debt
• Making unusual withdrawals
• Transferring property without legal advice

These actions can raise concerns and potentially create legal problems. You should always consult your Colorado Springs divorce attorney before making any major financial moves. Being transparent helps to preserve your credibility and reduces the risk of disputes about asset dissipation or hidden property.

9) Communicate Strategically

Every email, text, and other written communication between you and your soon-to-be ex may eventually be reviewed by attorneys, mediators, and/or judges. During a divorce, you should be careful about how you communicate with your spouse.

Effective communication should include:

• Staying respectful
• Keeping messages brief
• Avoiding emotional arguments
• Focusing on facts
• Discussing children’s needs constructively

A useful approach is to treat written correspondence with your spouse as you would a work email. Responding thoughtfully instead of reactively can prevent conflicts from escalating and can create a more cooperative environment.

10) Think Long-Term During Settlement Negotiations

Many divorce decisions have consequences that last for years. When evaluating settlement proposals, consider:

• Retirement implications
• Tax consequences
• Future earning potential
• Child-related expenses
• Real estate market conditions
• Healthcare costs

For example, keeping the family home may seem appealing, but the ongoing expenses may be difficult to manage on your own. When evaluating property division, a retirement account may ultimately be more valuable than other assets that have a similar “face value.” A long-term perspective can often lead to a more sustainable outcome.

11) Work with an Experienced Colorado Springs Divorce Attorney

Perhaps the most important tip for a smoother divorce experience is to seek qualified legal guidance as early as possible. Every divorce has unique circumstances. Even a seemingly simple case can present unexpected challenges. 

A Colorado Springs divorce lawyer can help:

• Explain your legal rights and obligations
• Protect your financial interests
• Negotiate favorable settlements
• Develop parenting plans
• Ensure compliance with Colorado law
• Avoid costly mistakes

Even if your divorce is uncontested, legal guidance can help you make smart decisions to protect your rights and your future. A lawyer can help you draft an agreement and complete the necessary paperwork so that your divorce is finalized correctly and efficiently. A proactive strategy can also help you navigate the process more smoothly, whether your divorce is contested or uncontested.

What We Commonly See Go Wrong In Colorado Divorces

After helping Colorado families through divorce, we’ve noticed that many of the biggest challenges are not caused by complicated legal issues. Instead, they often stem from avoidable mistakes made early in the process. While every divorce is unique, there are several patterns that appear again and again.

Taking Financial Action Before Seeking Legal Counsel 

One of the most common issues we see is spouses making major financial decisions before seeking legal advice. This can include emptying joint bank accounts, selling property, transferring assets to family members, or taking on new debt. Even when these actions are not intended to be dishonest, they often create suspicion, increase conflict, and make settlement negotiations more difficult.

Clinging To Unrealistic Property Division Expectations

We also frequently see people assume that Colorado automatically divides everything 50/50. Colorado follows equitable distribution rules, which means marital property is divided fairly based on the circumstances of the case. When spouses enter negotiations with unrealistic expectations about how assets or debts will be divided, it can make reaching an agreement much harder.

Relying On Verbal Agreements

Another issue that commonly creates problems is relying on verbal agreements. Spouses may agree to temporary arrangements involving finances, parenting schedules, or living situations without documenting anything in writing. When memories differ later, those informal agreements can quickly become sources of disagreement.

Oversharing On Social

Social media continues to be another source of avoidable complications. Posts, photos, and comments are often viewed very differently by a judge than they are by the person who posted them. We’ve seen situations where seemingly harmless social media activity created unnecessary questions about finances, parenting decisions, or credibility.

While no divorce is entirely free of challenges, many of the obstacles that complicate Colorado divorce cases can be avoided with early preparation, realistic expectations, and experienced legal guidance. Taking a proactive approach often leads to a more efficient process and better long-term outcomes for everyone involved.

Major Mistakes to Avoid During a Colorado Divorce 

Following these tips can help your divorce proceed more smoothly. At the same time, you should also watch out for these common mistakes:

1. Hiding Assets: Attempting to conceal assets almost always creates much bigger legal issues. It can also damage your credibility with the court.
2. Ignoring Tax Consequences: Certain settlement terms can carry significant tax implications that should be evaluated before an agreement is finalized.
3. Rushing the Process: While most people want closure and to move forward, making rushed decisions can lead to regrets later.
4. Failing to Update Estate Planning Documents: After a divorce, you should take the time to review and update your will and other estate planning documents, such as trusts, powers of attorney, and beneficiary designations.
5. Refusing to Compromise: While it isn’t possible in every case, reasonable compromise often results in lower costs, less stress, and faster resolutions compared to prolonged litigation.

Colorado Divorce Preparation Checklist 

Preparing for divorce before you file can save time, reduce stress, and help you make better decisions throughout the process. One of the most effective ways to set yourself up for a smoother divorce is to gather important financial and personal information as early as possible. Having these documents readily available can make mandatory disclosures easier, help your attorney evaluate your situation more efficiently, and reduce the likelihood of surprises later.

Use the checklist below as a starting point while preparing for a Colorado divorce:

Financial Documents

☐ Last three years of federal and state tax returns

☐ Recent pay stubs and proof of income

☐ Bank account statements for all checking and savings accounts

☐ Credit card statements

☐ Retirement account statements (401(k), IRA, pension, etc.)

☐ Investment and brokerage account statements

☐ Mortgage statements and home equity loan records

☐ Vehicle loan statements

☐ Documentation of any personal loans or other debts

☐ Business financial records, if you own a business

Property and Asset Information

☐ List of all real estate owned by either spouse

☐ Current home value estimates or recent appraisals

☐ Vehicle titles and registration information

☐ Documentation for valuable personal property, such as jewelry, collectibles, firearms, or artwork

☐ Records of inheritances or gifts received during the marriage

☐ Copies of any prenuptial or postnuptial agreements

Insurance and Benefits Information

☐ Health insurance information

☐ Life insurance policies

☐ Disability insurance policies

☐ Long-term care insurance policies

☐ Employee benefits information

☐ Social Security benefit statements

Information Related to Children

☐ School and daycare information

☐ Medical and health insurance records

☐ Current parenting schedules

☐ Information regarding extracurricular activities

☐ Childcare expenses

☐ Special educational or medical needs documentation

Personal Planning Items

☐ Monthly household budget

☐ List of monthly expenses

☐ Estate planning documents, including wills and trusts

☐ Beneficiary designations for retirement accounts and insurance policies

☐ Questions or concerns you want to discuss with your attorney

Remember that you do not need to have every document perfectly organized before speaking with a lawyer. However, the more information you can gather before the divorce process begins, the easier it will be to understand your financial situation, identify potential issues, and make informed decisions. Many people find that completing a divorce preparation checklist not only streamlines the legal process but also provides a clearer picture of what life may look like after the divorce is finalized.

Talk to a Colorado Springs Divorce Lawyer Today

Divorce marks the end of one chapter, but the beginning of a new story. While the legal process can feel overwhelming, preparation, organization, and informed decision-making can help make the experience more manageable. By learning about Colorado divorce laws, focusing on long-term goals, and prioritizing your family’s well-being, you can navigate the process more smoothly and position yourself for a successful next chapter.

Ascent Legal Group represents clients in divorce and related family law matters in the greater Colorado Springs area. Our goal is to help our clients resolve their divorce in a way that makes sense for them and their situation. Contact our law offices today at 719-256-0067 or fill out our online contact form to schedule a free 30-minute consultation with a Colorado Springs divorce lawyer or licensed legal paraprofessional (LLP).

Frequently Asked Questions about Divorce in Colorado

How Long Does a Divorce Take in Colorado?

Colorado has a mandatory waiting period of at least 91 days from the date the petition is filed and served (or jointly filed). However, many divorces take longer than 91 days to resolve. The total time that it takes to get a divorce in Colorado depends on the complexity of the case and whether the case is resolved by settlement or through litigation.

Do I Have to Go to Court to Get Divorced in Colorado?

Not necessarily. Many divorces are resolved through negotiation, mediation, or the collaborative divorce process. However, if you have any disagreement about an issue in your divorce, you may be required to go to court. 

Can I Move Out of the Family Home Before the Divorce Is Finalized?

You can, but moving out may impact certain practical and financial aspects of your case.  Before you move out of the family home, it is a good idea to discuss the potential consequences with an attorney, especially if children are involved.

What If My Spouse and I Agree on Everything?

If both spouses agree on all major issues, it may be possible to get an uncontested divorce. This can significantly reduce costs, shorten the timeline of your divorce, and minimize conflict compared to a contested divorce.

Should I Wait Until After Divorce to Make Major Life Changes?

Major financial decisions, career changes, large purchases, or relocations can all complicate divorce proceedings. You should consult with your lawyer before making any big life changes during a divorce, as some of these actions can have unintended consequences.

Resources:

• Divorce and Legal Separation in Colorado. Colorado Judicial Branch. https://www.coloradojudicial.gov/self-help/divorce-and-separation
• Colorado Revised Statutes Title 14 – Domestic Matters. Colorado General Assembly Office of Legislative Legal Services. https://content.leg.colorado.gov/sites/default/files/images/olls/crs2024-title-14.pdf

Divorce often brings difficult decisions long before the paperwork is filed. One of the biggest questions many spouses ask is whether they should move out of the marital home while the divorce is pending.

For some couples, living together may seem impossible. Others may believe that moving out will make the divorce process easier or show that they’re willing to cooperate. Unfortunately, leaving the family home without understanding the legal and financial implications can create challenges that are difficult to undo.

If you’re considering divorce in Colorado, it’s important to understand how moving out may affect property division, child custody, finances, and your overall case. At Ascent Legal Group, we offer strategic legal advice for clients who are dealing with divorce and other family law matters. Reach out to our law firm to schedule a free 30-minute consultation about your case.

Can You Move Out Before Filing for Divorce in Colorado?

Colorado law does not require spouses to continue living together before or during a divorce. Many couples choose to separate physically before filing for divorce, while others remain in the same home until the divorce is finalized for financial or parenting reasons. Whether moving out is the right choice depends on your individual circumstances.

Before leaving, you should consider questions such as:

• Do you have children?
• Can you afford another residence?
• Who will be responsible for household bills?
• Is there a risk of domestic violence or abuse?
• Will moving out affect parenting time?
• Is the house marital property or separate property?

Because every family situation is different, consulting with an experienced Colorado family law attorney before making a decision about whether or not to move out can help you avoid mistakes that may impact your case.

Does Moving Out Mean You Give Up Your Rights to the House?

One of the biggest myths surrounding divorce is that leaving the marital home means forfeiting ownership. Fortunately, that is not true in Colorado.

Colorado is an equitable distribution state. During a divorce, marital property is divided fairly, not necessarily equally, based on numerous factors. If the home is considered marital property, simply moving out does not eliminate your ownership interest or your right to receive your share of the home’s equity. 

However, moving out can sometimes complicate practical issues, including:

• Access to personal belongings
• Responsibility for mortgage payments
• Home maintenance
• Possession of household furnishings
• Temporary living arrangements

For that reason, many attorneys recommend creating a written temporary agreement before one spouse leaves the residence.

How Moving Out Can Affect the Allocation of Parental Responsibilities

If children are involved, moving out of the house requires even more careful consideration. Colorado courts make allocation of parental responsibilities (APR) decisions based on the best interests of the child, not on which parent remains in the home. However, temporary living arrangements can potentially influence how parenting schedules develop during the divorce.

For example, if one parent moves out and the children primarily remain with the other parent for several months, that arrangement may eventually become the status quo. Courts often value stability for children, so temporary parenting routines sometimes influence long-term parenting plans.

That doesn’t mean moving out automatically hurts your custody case. Many parents successfully share parenting time after relocating. The key is remaining actively involved in your children’s lives by:

• Maintaining regular parenting time
• Attending school events
• Participating in extracurricular activities
• Communicating consistently
• Following temporary parenting agreements

If you’re planning to move out, establishing a clear parenting schedule from the beginning can help preserve your relationship with your children.

Financial Considerations Before Leaving the Marital Home

Living separately almost always increases expenses. Instead of supporting one household, spouses may suddenly need to maintain two residences while continuing to pay existing debts. 

Before moving out, consider how you’ll manage:

• Rent or mortgage payments
• Utilities
• Groceries
• Insurance
• Vehicle expenses
• Child-related costs
• Household maintenance
• Credit card obligations

Some spouses stop contributing to household expenses after moving out. Doing so can create additional legal issues and increase conflict during the divorce. Temporary court orders can determine who is responsible for paying specific expenses while the divorce is pending, making it important to seek guidance from a skilled Colorado Springs divorce attorney early in the process.

Should You Keep Paying the Mortgage?

If your name is on the mortgage, continuing to make payments may be important even if you’ve moved out of the house. Missing mortgage payments can:

• Damage both spouses’ credit scores
• Increase financial stress
• Place the home at risk of foreclosure
• Reduce available equity

Responsibility for mortgage payments often becomes part of temporary court orders during divorce proceedings. Even if only one spouse remains in the home, both parties may still share financial responsibility depending on the circumstances.

When Moving Out May Be the Right Decision

Although there are risks to leaving the marital residence, there are situations where moving out is the safest and healthiest option. These may include:

1. Domestic Violence or Abuse: If you or your children are experiencing abuse, your safety should always come first. Colorado courts can issue protection orders and other legal remedies to help protect victims of domestic violence. 
2. High-Conflict Living Situations: Constant arguments, emotional conflict, or an unhealthy home environment can negatively affect both spouses and children. In some cases, creating physical distance allows everyone to move through the divorce process more constructively.
3. Temporary Work or Housing Opportunities: Sometimes one spouse has access to temporary housing with family or through an employer, making separation financially feasible while the divorce proceeds.

When Staying May Make More Sense

In other situations, remaining in the marital home until temporary court orders are entered may be beneficial. Examples of such situations include:

• You want to maximize parenting time with your children.
• Financially supporting two households isn’t realistic.
• You need continued access to important documents or personal property.
• There are concerns about preserving the home’s condition.
• The divorce is expected to be resolved quickly through negotiation. 

Remaining in the home doesn’t mean continuing to live as spouses. Many couples establish boundaries while sharing the residence temporarily.

How To Protect Yourself Before You Move Out

If you’re seriously considering leaving the marital residence, taking a few proactive steps can help to avoid unnecessary complications. Consider:

• Speaking with a Colorado divorce attorney first.
• Creating a written parenting schedule.
• Documenting valuable household property.
• Gathering important financial records.
• Continuing to contribute to shared financial obligations unless advised otherwise.
• Avoiding arguments or actions that could escalate conflict.
• Keeping detailed records of expenses and parenting time.

Making informed decisions early can reduce disputes. It can also protect your legal interests throughout the divorce.

Many divorcing spouses worry they’ll be left in legal limbo while waiting for their divorce to be finalized. Fortunately, Colorado courts can issue temporary orders addressing issues such as:

• Who remains in the marital home
• Parenting time
• Decision-making responsibilities
• Child support
• Spousal maintenance
• Payment of household expenses
• Use of vehicles and other property

These orders can help to create structure while the divorce is pending. It can also help to reduce uncertainty during an already stressful time.

Can Your Spouse Force You to Move Out of the Marital Home in Colorado?

Many people assume that if their spouse wants a divorce, they can simply demand that the other person leave the house. In most cases, that is not how Colorado law works.

Your Spouse Generally Cannot Force You to Leave

Absent a court order or other legal authority, one spouse typically cannot force the other spouse out of the marital home simply because the marriage is ending. This is often true even if:

• The home is titled solely in one spouse’s name.
• Only one spouse is listed on the mortgage.
• One spouse earned most of the income used to purchase the home.

Marriage creates legal rights and interests that are often addressed during the divorce process. Until a court decides otherwise, both spouses generally have the right to continue living in the residence.

Can Your Spouse Change the Locks?

If you are legally residing in the home, your spouse usually cannot lock you out simply because they want you to leave. Changing the locks, removing your belongings, disconnecting utilities, or otherwise attempting to force you out without legal authority can create additional legal issues. Although there is nothing in Colorado statutes specifically preventing your spouse from changing the looks, from a practical perspective, particularly if there are children, it could be looked at by a court as malicious behavior and a signal that your spouse is not willing to co-parent. If your spouse has taken steps to prevent you from accessing the home, you should speak with a Colorado divorce attorney as soon as possible about your options.

What If the Home Is Only in Your Spouse’s Name?

Even if your spouse purchased the home before the marriage or the deed is only in their name, that does not automatically mean they can require you to leave.

Property ownership and occupancy rights are separate issues. During a divorce, the court may need to determine:

• Whether the property is marital or separate property
• Whether any marital equity has accumulated
• Whether one spouse should have temporary exclusive use of the home
• How the property will ultimately be divided

Until those issues are resolved, simply being the sole owner does not necessarily give one spouse the right to evict the other.

When Can a Court Order a Spouse to Leave?

There are circumstances where a Colorado court may grant one spouse exclusive use of the marital home. This often occurs when remaining in the home together is not practical or safe.

Examples may include:

• Domestic violence allegations
• Harassment or threats
• Significant conflict affecting the children
• Protection order proceedings
• Situations where one spouse demonstrates a need for exclusive occupancy

If a judge grants exclusive use of the residence to one spouse through a temporary order, the other spouse may be required to leave the home.

Domestic Violence Cases Are Different

If domestic violence, abuse, stalking, or threats are involved, the court may issue a protection order that requires one spouse to stay away from the residence.

In these situations, a spouse can be legally prohibited from entering the home even if they own the property or are listed on the mortgage. Because these cases can have serious legal consequences, it is important to seek legal advice immediately if a protection order has been requested or entered.

What Should You Do If Your Spouse Wants You Out?

If your spouse is demanding that you leave the home, avoid making a rushed decision based solely on pressure or emotion. Instead:

1. Consult a Colorado divorce attorney.
2. Evaluate how moving out could affect parenting time and finances.
3. Gather important financial and legal documents.
4. Consider whether temporary court orders may be necessary.
5. Prioritize safety if domestic violence or abuse is involved.

Every situation is unique. In some cases, moving out may be the best decision. In others, remaining in the home until temporary orders are entered may better protect your parental, financial, and property interests.

Every Divorce Is Different

There is no universal answer as to whether you should move out before or during a divorce. For some families, remaining together temporarily is the most practical solution. For others, separating residences is necessary for safety, emotional well-being, or financial reasons. 

The most important thing is understanding how your decision could affect your rights before you make a move. You will need to consider how moving out will impact your property rights, finances, and relationship with your children before making a move. An experienced Colorado family law attorney can evaluate your circumstances, explain your legal options, and help you develop a strategy that protects your long-term interests.

Work with an Experienced Colorado Springs Divorce Attorney

If you’re considering divorce and wondering whether moving out is the right decision, we can help. We’ll explain your rights, discuss the potential legal and financial consequences of moving out, and help you develop a strategy that protects your family and your future. Whether your divorce involves children, significant assets, or complex property issues, we’re committed to providing practical guidance and personalized representation every step of the way.

Ascent Legal Group represents individuals and families across a range of Colorado family law issues. We also offer the option to work with our Colorado Licensed Legal Paraprofessional (LLP) in qualifying cases, offering a more affordable alternative. Contact our law firm today at  719-256-0067 or fill out our online contact form to schedule a free 30-minute consultation with a Colorado Springs divorce lawyer.

Frequently Asked Questions About Moving Out During Divorce

If I Move Out, Can I Come Back to the House Later?

In many cases, yes. Moving out does not automatically prevent you from returning to the marital home. However, once temporary court orders are entered regarding possession of the home, you should follow those orders. Before moving back in, consult your attorney to avoid creating additional conflict or violating a court order.

Should I Remove Furniture or Other Belongings Before Moving Out?

It’s generally best to avoid taking large amounts of household property without first discussing it with your attorney or reaching an agreement with your spouse. Removing items unexpectedly or behind your spouse’s back can increase conflict and may complicate property division during the divorce.

Can My Spouse Change the Locks If I Move Out?

Not automatically. If you are a legal owner or lawful resident of the home, your spouse generally cannot simply lock you out without legal authority or a court order. If this becomes an issue, your Colorado Springs divorce lawyer can help you understand your rights and seek the appropriate legal remedy.

Can Moving Out Affect My Ability to Sell or Refinance the House?

Not necessarily. Decisions about refinancing or selling the marital home are usually addressed as part of the divorce settlement. Even if you’ve moved out, you may still have legal rights related to the home’s equity and future disposition.

Resources:

• Protection Orders in Colorado (Restraining Orders). Colorado Judicial Branch. https://www.coloradojudicial.gov/self-help/getting-protection-order
• Motion for Temporary Orders (Form JDF 1106). Colorado Judicial Branch. https://www.coloradojudicial.gov/sites/default/files/2024-03/JDF%201106%20Motion%20for%20Temporary%20Orders.pdf

Divorce is often legally, financially, and emotionally complex. However, when one spouse has a disability, these issues can be even more complicated. A disability can impact a spouse’s ability to work, earn income, care for themselves, or maintain health insurance after a marriage ends. In a divorce, this can affect spousal maintenance, property division, healthcare coverage, and long-term financial planning. 

If you are considering a divorce and either you or your spouse has a disability, it is important to consider how it may affect you. While Colorado courts do not automatically favor one spouse over the other because of a disability, a spouse’s physical or mental condition can play a significant role in determining what is fair under the circumstances. Our Colorado divorce lawyers will help you understand your rights and the likely outcomes based on the unique facts of your case.

At Ascent Legal Group, we help individuals navigate complex divorce cases with compassion and practical legal guidance. If you or your spouse has a disability, we can help you determine the best strategy for your divorce. Reach out to our law offices to schedule a free 30-minute consultation with a Colorado family law attorney.

Does a Disability Affect Divorce Proceedings in Colorado?

Colorado is a no-fault divorce state. This means that the court does not consider whether either spouse caused the breakdown of the marriage. Instead, judges focus on resolving financial and parenting issues fairly.

A spouse’s disability does not prevent a divorce from occurring. It also does not automatically entitle a disabled spouse to a larger share of marital assets. However, if one spouse is disabled, it can significantly affect how the court evaluates issues such as:

• Spousal maintenance (alimony)
• Property division
• Income and earning capacity
• Healthcare needs
• Future financial stability
• Parenting responsibilities

However, it is important to understand that decisions related to property division and spousal maintenance are based on financial factors and fairness. The allocation of parental responsibilities will be determined based on the best interests of the child. This means that each case will be decided based on its specific facts and circumstances, which can vary considerably from couple to couple.

Understanding Spousal Maintenance When a Spouse Is Disabled

In a divorce involving a disabled spouse, one of the most important issues that arises involves spousal support/maintenance. Colorado courts award maintenance when one spouse lacks sufficient income or resources to meet their reasonable needs following divorce. A disability often becomes a central factor because it may limit a person’s ability to work or support themselves independently.

Courts consider several factors when deciding whether maintenance is appropriate. This includes:

• Financial resources of the parties, including the gross incomes of each party, the need of the recipient spouse, and the payor’s ability to pay maintenance
• Distribution of marital property
• Actual or potential income produced from separate or marital property
• Reasonable lifestyle and financial needs established during the marriage
• Income, employment, and employability of the parties
• Historical earnings of the parties
• Duration of the marriage
• Reasonable ability to independently meet one’s own reasonable needs
• Age and health status of each party
• Need and duration of education for the lower-earning party
• Amount of temporary maintenance and number of months paid, if any
• Significant economic or non-economic contributions to the marriage
• Any and all other relevant factors

When evaluating these factors, a spouse’s disability will often become a major factor. That may result in a court finding that spousal maintenance is both fair and appropriate under the circumstances.

In some situations, a disability may make it unrealistic or unlikely for a spouse to become financially independent. This is especially true when:

• The disability is permanent
• The spouse requires ongoing medical treatment
• Specialized care is necessary
• The spouse has limited earning potential.

In these circumstances, courts may order maintenance that extends beyond the duration typically seen in other divorce cases. Alternatively, a court may order maintenance that is higher than typical.

Disability Benefits and Divorce

Many disabled individuals receive some form of government benefits, such as Social Security Disability Insurance (SSDI), Supplemental Security Income (SSI), Veterans disability benefits (VA benefits), or long-term disability insurance benefits. These benefits can often impact the financial aspects of a divorce.

1. SSDI Benefits: SSDI benefits are generally considered income when determining maintenance obligations and financial need. Courts may consider these monthly benefits when evaluating both spouses’ financial situations.
2. SSI Benefits: SSI benefits are needs-based public assistance benefits. Because eligibility is tied to financial resources and income limits, property settlements and support awards may affect a recipient’s eligibility. Careful planning is often necessary to avoid unintended consequences that could jeopardize important benefits.
3. Veterans Disability Benefits: Veterans disability compensation may receive special treatment under federal law. While these benefits may not always be divided as marital property, they can still affect maintenance calculations and overall financial planning. 

Disability benefit issues can be highly technical. It is important to work with a Colorado family lawyer familiar with disability-related divorce matters. For disabled veterans, working with an attorney familiar with military divorce can help to protect your benefits.

Property Division in Divorce Involving a Disabled Spouse

Colorado follows the principle of equitable distribution. This means that marital property is divided fairly, though not necessarily equally. When dividing assets, courts may consider:

• The contribution of each spouse to the marriage
• The value of marital property
• Each spouse’s economic circumstances
• Future financial needs

A disability can influence a spouse’s future financial outlook and their ability to acquire assets after a divorce. For example, consider a situation where one spouse cannot work due to a disability and has limited opportunities for future income. This spouse also faces significant medical expenses and will likely require adaptive equipment or home modifications in the future. 

The court may consider those circumstances when determining an equitable property distribution. This does not guarantee that the disabled spouse will receive a larger share of marital assets, but it may influence the court’s decision about what is fair under the circumstances. 

Healthcare Coverage and Medical Expenses After Divorce

Health insurance is often one of the biggest concerns when divorcing a disabled spouse. Many individuals receive health insurance through their spouse’s employer-sponsored plan. Once the divorce is finalized, that coverage generally ends.

Depending on the situation, a disabled spouse may be able to obtain coverage through COBRA, Medicare, Medicaid, marketplace insurance plans, or employer-sponsored coverage if they are employed. The cost of replacing health insurance can be substantial. Courts may consider these expenses when evaluating maintenance requests and overall financial needs.

Disability-related expenses often extend beyond insurance premiums. Many people will have ongoing costs related to their disability, such as:

• Prescription medications
• Therapy
• In-home assistance
• Specialized equipment
• Transportation services
• Medical appointments and co-pays

These costs can significantly affect post-divorce financial planning. They are often part of the equation when spouses are negotiating a settlement or when a court is determining what is fair and equitable under the circumstances. 

What If One Spouse Has Been a Caregiver?

In some marriages involving disability, one spouse has provided some level of caregiving to the other spouse. A caregiving spouse may have missed out on career opportunities, reduced their work hours, left the workforce entirely, or taken on significant household responsibilities. These sacrifices may become relevant during divorce proceedings.

Courts may consider how caregiving responsibilities affected a spouse’s earning capacity and future employment opportunities. For example, a spouse who spent years providing care may need time, education, or job training to re-enter the workforce. This can affect maintenance awards and financial settlements.

Allocation of Parental Responsibilities When a Parent Has a Disability

If a couple has children, disability may also affect parenting-related decisions. Colorado courts determine parental responsibilities based on the best interests of the child. 

Importantly, a disability alone does not make a parent unfit. If one parent has a disability, that does not mean that they are incapable of parenting their children. Instead, courts will evaluate factors such as:

• Each parent’s ability to meet the child’s needs
• The child’s relationship with each parent
• The child’s physical and emotional well-being
• Practical parenting considerations

A parent with a disability can still receive substantial parenting time and decision-making authority as long as they are able to care for their child. In many cases, a parent with a disability shares parenting time equally with their ex or may even have a greater share of parenting time.

In some cases, parenting plans include accommodations that account for a parent’s disability while ensuring that the child’s needs are met. For example, if a parent is unable to drive due to their disability, a parenting plan can include provisions that specify that the other parent will transport the child between their houses. These arrangements can be tailored to the family’s unique circumstances, whether negotiated between spouses or determined by the court.

Long-Term Financial Planning Is Critical

Divorcing a disabled spouse often requires a broader and more in-depth financial analysis than a typical divorce. Important considerations may include:

1. Future Care Needs: A disabled spouse may require:
   • Assisted living services
   • In-home care
   • Long-term medical treatment
   • Specialized transportation

These anticipated expenses can affect support negotiations and property division discussions.

2. Retirement Planning: Retirement assets often become especially important when one spouse has limited earning potential. Parties should carefully evaluate:
   • Pension benefits
   • 401(k) accounts
   • IRAs
   • Disability-related retirement income

3. Special Needs Planning: In some situations, trusts or other planning tools may help protect disability benefits while providing additional financial support. An experienced Colorado Springs family law attorney can work with financial professionals to develop solutions that address both immediate and long-term needs.

Negotiated settlements often provide greater flexibility in these situations. Because disability-related divorces often involve complex and individualized issues, a settlement often has significant advantages over going to court.

Through mediation, negotiation, or collaborative discussions, spouses can create customized solutions to address issues such as medical expenses, insurance coverage, spousal maintenance, property distribution, parenting time, and long-term care planning. These agreements can provide flexibility that may not be available through a court-imposed decision.

How an Experienced Colorado Family Law Attorney Can Help

Divorces involving disability frequently require careful attention to financial, medical, and legal details. Mistakes can have lasting consequences, particularly when disability benefits, healthcare coverage, or long-term support needs are at issue. A seasoned Colorado Springs divorce lawyer can evaluate these issues and develop a strategy that fairly addresses things like spousal maintenance, healthcare expenses, property settlements, parenting plans, disability benefits, and more.

At Ascent Legal Group, we understand the unique challenges that our clients face in a divorce when one spouse is disabled. Our team works to create thoughtful solutions that protect our clients’ interests while addressing the realities of each family’s circumstances. Contact our law firm today at  719-256-0067 or fill out our online contact form to schedule a free 30-minute consultation with a Colorado Springs divorce lawyer.

Frequently Asked Questions about Divorcing a Disabled Spouse

Can a Disabled Spouse Be Required to Pay Maintenance?

Yes. Disability does not automatically prevent someone from paying spousal maintenance. If a disabled spouse has income from a job, investments, retirement accounts, or other sources, a court will evaluate whether maintenance is appropriate. The key question will be whether the disabled spouse has the financial ability to pay spousal maintenance while meeting their own reasonable needs.

What Happens to Spousal Maintenance If My Ex Becomes Disabled After the Divorce Is Finalized?

Spousal maintenance orders may be modified if there is a significant and continuing change in circumstances. This can include either spouse becoming disabled after a divorce is finalized. In this situation, a court may increase or decrease spousal maintenance.

Does a Disability Affect Child Custody Decisions?

A parent having a disability will not, by itself, determine parenting rights. Instead, Colorado courts focus on the best interests of the child. A judge will carefully evaluate each parent’s ability to care for the child, along with other factors, to determine the best interests of the child.

Will a Disabled Spouse Automatically Receive Alimony or a Larger Share of the Marital Property?

No. Courts evaluate multiple factors when determining maintenance and how to equitably divide property. One spouse having a disability may increase the likelihood of that spouse getting spousal support or a larger share of the marital estate, but each case is determined based on its unique facts and circumstances.

Should I Hire a Lawyer If My Divorce Involves Disability-Related Issues?

Yes. Divorces involving disability benefits, long-term care needs, healthcare coverage, and maintenance often involve complex legal and financial considerations that benefit from experienced legal guidance. If you are contemplating divorce and either you or your spouse is disabled, our Colorado Springs divorce lawyers can advocate for your best interests.

Resources:

• Colorado Revised Statutes § 14-10-114 – Spousal Maintenance (Alimony). FindLaw. https://codes.findlaw.com/co/title-14-domestic-matters/co-rev-st-sect-14-10-114/
• VA Disability Compensation Benefits. U.S. Department of Veterans Affairs. https://www.va.gov/disability/

Divorce is a deeply personal experience. As a result, it is common to feel concern about who can access information about their case. Whether you are considering filing for divorce, are currently involved in a dissolution proceeding, or finalized your divorce years ago, you may wonder: are Colorado divorce records public?

Generally, divorce records are public, with some limitations. Colorado courts operate under a presumption of public access, which means many court records can be viewed by the public. However, certain documents and sensitive information may be restricted, sealed, or otherwise protected from disclosure. Understanding what information is publicly available and what remains private can help you make informed decisions about how to move forward with your divorce, including options for resolving your case through options like collaborative divorce.

At Ascent Legal Group, we help clients navigate divorce proceedings while protecting their privacy whenever possible. We will work with you to help you understand your rights and the best strategies for achieving your goals in a divorce. Reach out to our law firm today to schedule a free consultation with a Colorado Springs divorce lawyer.

Understanding Divorce Records in Colorado 

A divorce record is a collection of documents generated during a dissolution of marriage case. Depending on the circumstances, a divorce file may include:

• The petition for dissolution of marriage
• Responses and counterpetitions
• Court orders
• Motions and pleadings
• Settlement agreements
• Parenting plans
• Financial disclosures
• Final divorce decrees
• Hearing transcripts
• Other filings related to the case

Colorado’s judicial system generally favors transparency, meaning many court records can be viewed by members of the public unless a law or court order restricts access. However, not all of the documents in a divorce record are treated the same way when it comes to public access.

Are Divorce Records Public in Colorado?

In most cases, divorce records are public in Colorado. Divorce proceedings are handled through Colorado district courts. Court records are generally considered public records.

This means that certain information about a divorce case may be available to journalists, employers, researchers, potential business partners, curious members of the public, family members, and acquaintances. A person typically does not need to be related to either spouse to access public court records.

However, “public” does not necessarily mean that every document or detail is freely available online. Access rules vary depending on the type of information involved. 

What Information Is Typically Public? 

In many Colorado divorce cases, the following information may be publicly accessible.

Case Information

Basic information about the divorce case often appears in court records, including:

• Names of the parties
• Case number
• Filing date
• Court location
• Case status
• Dates of hearings
• Final disposition

Divorce Decree

The final divorce decree is often part of the court record. This document typically outlines: 

• The dissolution of the marriage
• Property division orders
• Maintenance (alimony) decisions
• Parenting-related rulings
• Other final court orders

Court Filings & Orders

Many motions, pleadings, and judicial orders filed during the case may also be accessible unless specifically restricted.

What Information Is Protected or Restricted?

Although divorce records are generally public, Colorado courts recognize that some information deserves protection. 

Personal Identifying Information

Certain sensitive information is typically redacted or excluded from public records, including:

• Social Security numbers
• Driver’s license numbers
• Financial account numbers
• Tax identification numbers
• Any other personal identification data

Courts take these precautions to reduce the risk of identity theft and privacy violations.

Child-Related Information

While parenting disputes may be discussed in court filings, some information involving children receives additional protection. Examples may include:

• Confidential evaluations
• Psychological assessments
• Child abuse reports
• Certain educational records
• Sensitive medical information

Colorado courts prioritize protecting the best interests of children, which means protecting the privacy of children involved in family law proceedings.

Medical and Mental Health Records

Healthcare records submitted during divorce proceedings are often treated differently than ordinary court filings. If a case involves records related to:

• Mental health treatment
• Substance abuse treatment
• Medical diagnoses
• Counseling notes

The court may limit access to these documents or issue protective orders regarding their disclosure.

Can Divorce Records Be Sealed? 

In limited circumstances, divorce records in Colorado can be sealed. Colorado courts generally require a strong justification before sealing court records because public access is considered an important principle of the judicial system.

To have divorce records sealed, a party must typically demonstrate that:

• Significant privacy interests are involved;
• Disclosure would cause substantial harm;
• No less restrictive alternative exists; and
• The need for privacy outweighs the public’s interest in access.

Sealing an entire divorce record is relatively uncommon. However, courts may agree to seal specific documents or portions of the record under appropriate circumstances.

Situations where sealing divorce records may be appropriate include:

1. Domestic Violence: Cases involving allegations of domestic violence may contain sensitive information that could put a party or child at risk if publicly disclosed.
2. High-Profile Individuals: Public officials, business executives, professional athletes, entertainers, and other high-profile individuals may seek protective measures to limit disclosure of highly sensitive information.
3. Trade Secrets and Business Interests: If a divorce involves ownership of a business, confidential commercial information may warrant additional protections.
4. Safety Concerns: Courts may restrict access when disclosure could threaten someone’s physical safety or well-being.

Our Colorado divorce attorneys can help you determine if sealing your divorce records may be possible based on the specific facts of your case.

Are Colorado Divorce Records Available Online? 

Some divorce-related information may be accessible through Colorado court system websites and third-party databases. However, Colorado does not provide unrestricted online access to every divorce filing or court document.

In many cases, individuals must visit the courthouse in person and submit a records request. Alternatively, they may use approved court access systems at the courthouse. The availability of records may depend on the county, the age of the case, and whether any confidentiality restrictions apply.

Who Can Obtain a Copy of a Divorce Decree? 

Former spouses and their attorneys can generally obtain certified copies of the divorce decrees through the court that handled the case. Certified copies are often required when:

• Changing a name
• Refinancing a property
• Remarrying
• Updating financial accounts
• Modifying legal documents

Addressing Privacy Concerns During a Divorce

Many divorcing spouses are surprised to learn how much information can become part of the public court file. Common privacy concerns involve things like:

• Financial disclosures
• Business valuations
• Real estate holdings
• Parenting disputes
• Allegations made during litigation
• Personal communications introduced as evidence

Working with an experienced Colorado family law attorney can help to minimize unnecessary disclosure of sensitive information. A lawyer can also identify opportunities to seek protective orders or to get records sealed when appropriate.

While no attorney can guarantee that a divorce proceeding will remain entirely private, legal counsel can help to reduce unnecessary exposure of sensitive information. A lawyer can: 

• Identify confidential information before filing documents
• Request protective orders when appropriate
• Seek limited sealing of sensitive records
• Ensure compliance with court privacy rules
• Advise you on what information becomes part of the public record
• Develop strategies to protect business and financial interests

Taking proactive steps early in the process can often prevent privacy issues later. It may also be possible to resolve your divorce through another method to protect your privacy. 

For example, you could negotiate a divorce settlement agreement outside of court. While the agreement may still become public record when it is filed with the court, the negotiations leading up to the agreement remain private. Similarly, a collaborative divorce may result in more privacy for both spouses because the agreement would be negotiated outside of court. Our team can help you explore these options and other ways to protect your privacy in a Colorado divorce.

Contact Ascent Legal Group for Guidance on Colorado Divorce Matters

If you are considering divorce and have concerns about the confidentiality of your case, experienced legal guidance can make a major difference. While the fact of your divorce and some documents may still be public, a lawyer can often take steps to protect your privacy during the proceedings.

At Ascent Legal Group, we help individuals throughout Colorado navigate divorces, addressing complex issues like property division, the allocation of parental responsibilities, spousal maintenance, and privacy concerns. Our attorneys understand the sensitive nature of family law matters and work diligently to protect our clients’ interests both inside and outside of the courtroom. To learn more or to schedule a free 30-minute consultation with a Colorado divorce lawyer, give us a call at 719-256-0067 or fill out our online contact form.

Frequently Asked Questions about Colorado Divorce Records

Will a Background Check Show That I Was Divorced?

Some background checks may reveal court filings or public records associated with a divorce case. The extent of the information shown will depend on the type of background check being conducted and the databases being searched. Divorce is fairly common, so a divorce showing up on a background check should not affect your professional life.

Can a Future Spouse Access My Prior Divorce Records?

If the records are public and not sealed, a future spouse may generally obtain access to available court records through the same channels available to other members of the public.

Do Divorce Records Contain Information about Prenuptial Agreements?

In many cases, yes. If a prenuptial or postnuptial agreement becomes relevant during the divorce, portions of the agreement may be filed with the court. Depending on the circumstances, parties may seek protective measures to limit public disclosure of sensitive financial information.

Can Social Media Posts Become Part of a Divorce Record?

Yes. If social media content is introduced as evidence during a divorce proceeding, it may become part of the court file unless the court orders otherwise. This is one reason family law attorneys often advise clients to be cautious about their online activity during a pending divorce case.

Resources:

• Colorado Open Records Act (CORA) – Public Records Access. Colorado Secretary of State. https://www.sos.state.co.us/pubs/info_center/cora.html
• Divorce or Legal Separation in Colorado. Colorado Judicial Branch. https://www.coloradojudicial.gov/self-help/divorce-and-separation/divorce-or-legal-separation

In Colorado, same-sex couples have the same fundamental right to get married and to divorce as opposite-sex couples. However, that doesn’t mean that every case is straightforward. Because marriage equality was legally recognized at different times across states and at the federal level, same-sex divorce can bring up unique legal questions.

Generally, an LGBTQ+ divorce in Colorado is handled in the same way as any other divorce. There can be questions about things like when a marriage legally began, where it was recognized, and how long a couple has been considered married for issues like property division and spousal maintenance. If you are considering divorce as a gay couple, understanding how Colorado courts approach these issues can help you protect your rights and avoid costly surprises.

At Ascent Legal Group, we represent LGBTQ+ individuals and families across a range of Colorado family law matters, including divorce and legal separation. We will work with you to help you resolve your divorce in a way that works best for you. Reach out to our law firm today to schedule a free 30-minute consultation with a Colorado same-sex divorce lawyer. 

Legal Foundation of Same-Sex Divorce in Colorado 

Colorado recognizes same-sex marriage and divorce under the same legal framework as all other marriages. Following the landmark United States Supreme Court decision in Obergefell v. Hodges, same-sex marriage became legal nationwide in 2015. This means that as of 2015, Colorado courts apply the same statutes, procedures, and standards to all marriages and divorces, regardless of the spouses’ genders.

Pre-2015 Relationships: Time spent together before a ceremonial marriage is not automatically counted as part of the marriage. However, Colorado recognizes common-law marriage, including same-sex common-law marriages that may have existed before formal same-sex marriage was available. If a party can prove a common-law marriage, the marriage date may be earlier than the ceremonial marriage date.

To establish a common-law marriage in Colorado, the court looks at whether the couple mutually intended to be married and held themselves out to the community as spouses. For same-sex couples, courts may also consider the reality that they did not previously have the legal ability to formally marry, but still intended to create a marital relationship. Because this analysis is highly fact-specific, disputes over the existence and start date of a common-law marriage are common in same-sex divorce cases.

In 2013, the Colorado Civil Union Act was signed into law. This gave all couples the ability to enter into a civil union, akin to a marriage. It also provided that same-sex marriages from other states would be recognized as civil unions in Colorado.

With the Obergefell decision, same-sex marriage became legalized nationwide. However, many same-sex couples were together, and in some cases, legally united, long before 2015. That is where things can be more complex.

Determining the Legal Date of a Marriage 

One of the most significant issues in same-sex divorce is identifying the official “start date” of the marriage. The marriage date matters because the length of the marriage affects:

• Division of marital property
• Eligibility and duration of spousal maintenance 
• Retirement asset allocation
• Debt division

There are many situations involving LGBTQ+ couples that can make it more challenging to determine the official length of marriage. This can include common scenarios such as:

1. Pre-2015 Relationships: Time spent together before a ceremonial marriage is not automatically counted as part of the marriage. However, Colorado recognizes common-law marriage, including same-sex common-law marriages that may have existed before formal same-sex marriage was available. If a party can prove a common-law marriage, the marriage date may be earlier than the ceremonial marriage date..
2. Civil Unions or Domestic Partnerships: Colorado allowed civil unions beginning in 2013. Courts may consider whether and how a civil union transitioned into a legal marriage, but technically, these are distinct legal statuses.
3. Out-of-State Marriages Before 2015: Some couples were married in states where same-sex marriage was legal prior to 2015. In these cases, Colorado courts will often recognize the original out-of-state marriage date, provided that the marriage was valid where it occurred.

Recognition of Out-of-State Same-Sex Marriage

Colorado generally follows the rule that if a marriage is valid in the state where it was performed, then it is valid in Colorado. That means that if you were legally married in another state before 2015, your marriage is likely recognized as beginning on that date.

However, disputes about the date of marriage can arise if:

• Documentation is unclear
• The marriage occurred in a jurisdiction where the law changed
• One spouse challenges the validity of the marriage

Before 2015, the legal landscape for same-sex couples was shaped by a patchwork of state laws and federal recognition. The U.S. Supreme Court’s decision in United States v. Windsor in 2013 struck down parts of the federal Defense of Marriage Act (DOMA). This allowed federal recognition of certain same-sex marriages. Two years later, Obergefell v. Hodges required all states to recognize and perform same-sex marriages. In 2025, Colorado formally repealed outdated statutory language that limited marriage to a union between a man and a woman through SB 25-014, effective April 7, 2025.

These important milestones can impact divorce cases today, particularly when determining:

• When a couple’s marriage became legally recognized
• Eligibility for federal benefits tied to marital status
• Division of federally governed assets, such as Social Security

If you have any questions or concerns about how these issues may impact your divorce, an experienced Colorado divorce attorney can help you understand your rights.

Property Division in a Same-Sex Divorce 

Colorado is an equitable distribution state. This means that marital property is divided fairly, but not necessarily equally. Only marital property and debts are subject to division in a divorce or legal separation.

Courts distinguish between marital assets acquired during the marriage and separate property. Separate property generally includes assets owned before the marriage, as well as gifts or inheritances received by one spouse individually during the marriage. Tracing and valuing assets can be more complicated in same-sex divorces because the date of marriage may not be clear.

In a same-sex divorce, disputes often arise over:

• Assets acquired before legal marriage but during a long-term relationship
• Real estate purchased jointly before a marriage was legally recognized
• Retirement accounts that grew during pre-marriage years

Our Colorado same-sex divorce lawyers will work with you to establish a timeline, properly categorize assets as marital or separate property, and help you get a fair outcome when it comes to property division. When possible, we will help you work out an agreement with your spouse to reduce the cost and uncertainty of litigation. If necessary, we will take your case to court to advocate for your best interests.

Spousal Maintenance in a Same-Sex Divorce 

In Colorado, a court may award spousal maintenance if one spouse requires financial support after a divorce and the other spouse has the ability to pay it. Spousal maintenance awards in Colorado are affected by a number of factors, such as:

• Length of marriage
• Each spouse’s income and earning capacity
• The couple’s standard of living during the marriage

If the legally recognized marriage duration is shorter than the actual relationship, it can significantly affect maintenance awards. This is another way that the date of marriage can have a significant impact on a LGBTQ+ divorce in Colorado.

Parental Rights in a Colorado Same-Sex Divorce

Same-sex couples who share minor children may face additional legal considerations during a divorce. This is particularly true if:

• Only one parent is the biological parent of the child or children
• A second-parent adoption was never completed
• The child was born before the couple was legally married

In Colorado, child custody is referred to as the allocation of parental responsibilities. It consists of decision-making authority and parenting time. In all cases, Colorado courts prioritize the best interests of the child. 

For same-sex couples, it may be necessary to establish legal parentage before the allocation of parental responsibilities can be established. Assuming that both parents are the legal parents of the child(ren), then parental rights and child support in a same-sex divorce will be decided just as they would be in an opposite-sex divorce. Our Colorado child custody lawyers can help you work out a parenting plan with your soon-to-be ex or can litigate the matter on your behalf.

Unique Challenges in LGBTQ+ Divorces 

While the law aims for equal treatment, the unfortunate reality is that the impact of prior discriminatory laws can and do have an effect on LGBTQ+ Coloradans today.  Same-sex divorces often involve an added layer of complexity, such as:

• Proving the existence and duration of the relationship
• Addressing financial entanglements that predate a legal marriage
• Navigating inconsistent legal recognition of same-sex marriage across states (prior to 2015)
• Resolving disputes over assets that were acquired prior to a legal marriage

These issues require a nuanced legal strategy and a thorough understanding of evolving family law.

Because same-sex divorces often require more than a standard application of Colorado divorce law, having seasoned legal representation matters. A lawyer can perform historical legal research and detailed financial analysis. They can also develop a strategy to handle asset classification and marriage timelines based on the unique facts of your case.

Experienced Legal Representation for LGBTQ+ Coloradans 

Same-sex divorce in Colorado is governed by the same laws as any other divorce, but the path to resolution can often be more complex. Questions about when a marriage began, how it was recognized, and what assets are part of the marital estate can significantly impact the outcome of a same-sex divorce. If only one parent has a legal relationship with a couple’s children, that can also affect the allocation of parental responsibilities.

If you are facing a same-sex divorce, working with a family law firm that understands these nuances can make all the difference. Ascent Legal Group works with same-sex couples who are dealing with a variety of issues related to divorce, including property division, spousal maintenance, parental rights, and child support.  To learn more or to schedule a free 30-minute consultation with a Colorado same-sex divorce lawyer, give us a call at 719-256-0067 or fill out our online contact form.

FAQs about Same-Sex Divorce in Colorado

Is Same-Sex Divorce Handled Differently Than Opposite-Sex Divorce in Colorado?

As a legal matter, no. Colorado applies the same divorce laws to all couples. However, same-sex divorce cases often involve additional complexities related to marriage dates, legal recognition of a marriage, and asset division.

Can Time Spent Together as a Couple Before Marriage Count in a Divorce?

Generally, courts focus on the period of a legally recognized marriage when determining issues like property division and spousal maintenance. However, Colorado recognizes common-law marriage, including for same-sex couples.

If a couple can establish that they entered into a valid common-law marriage before a formal ceremony, the court may treat the marriage as beginning earlier. This can significantly impact the length of the marriage and related financial issues. Even when a common-law marriage is not established, pre-marital contributions may still be relevant in certain property disputes.

What If We Were Married in Another State Before 2015?

Colorado will usually recognize your out-of-state marriage as valid if it was legal when and where it occurred. This may allow you to use an earlier marriage date in your divorce.

How Does a Civil Union Affect Divorce?

Civil unions are legally distinct from marriage, but they can still impact property division and other financial issues. If you had a civil union prior to getting married, that fact may become a key issue in your divorce.

Do Both Parents Have Equal Rights in a Same-Sex Divorce?

Not automatically. Legal parentage must be established by parents before they have parental rights. If both spouses are the legal parents of their kids (for example, through adoption), they will generally have equal rights. Otherwise, additional legal steps may be required to establish parentage.

Resources:

• Obergefell v. Hodges – Same-Sex Marriage as a Fundamental Right. Oyez (Chicago-Kent College of Law). https://www.oyez.org/cases/2014/14-556
• Colorado Same-Sex Marriage Constitutional Amendment (2006). Colorado Secretary of State – Historical Election Data. https://historicalelectiondata.coloradosos.gov/contest/6235
• United States v. Windsor – Defense of Marriage Act (DOMA) Ruling. Oyez (Chicago-Kent College of Law). https://www.oyez.org/cases/2012/12-307

When parents separate or divorce, one of the most important financial questions that they may have revolves around child support. Whether you are paying or receiving child support, it is critical to understand exactly how child support is determined in Colorado. 

Our child support calculator can give you an estimate of what child support may be awarded in your case. We also explain how child support is calculated in Colorado so that you have a better understanding of the factors that impact child support and why a judge may deviate from the child support guidelines. If you are involved in a child support case, our Colorado family law attorneys can advocate for you and your children.

At Ascent Legal Group, we offer thoughtful, strategic legal representation to clients throughout the greater Colorado Springs area. We understand that parents generally just want what is best for their kids and will work hard to help our clients protect their interests and their kids. Contact our law offices today to schedule a free 30-minute consultation with a Colorado child support lawyer.

Use Our Colorado Free Child Support Calculator

What Is a Colorado Child Support Calculator?

A Colorado child support calculator is a tool used to estimate how much one parent may pay (or receive) in child support. It is based on the state’s statutory guidelines.

These calculators use the same formula that Colorado courts rely on, but they only provide an estimate. The actual amount of child support ordered by a judge may differ depending on the specifics of your case. For example, if your child has unique needs, then your child support obligation may be higher than what is indicated by the calculator.

Colorado’s system is designed to reflect what parents would have spent on their child if they had remained together. It ensures that both parents contribute fairly to the child’s financial needs. If you have questions about child support, you can reach out to our law firm to schedule a free consultation with a Colorado family lawyer.

How Child Support Is Determined in Colorado

Colorado uses what is known as the “income shares” model for child support. This approach combines both parents’ incomes and allocates financial responsibility proportionally.

The income shares model takes the following factors into account:

1. Combined Parental Income: The first step involves calculating each parent’s gross income, which may include:
   • Wages and salaries
   • Bonuses and commissions
   • Self-employment income
   • Investment or rental income
   • Retirement, Social Security, unemployment, or other benefits. 

Once calculated, each parent’s gross income is combined to determine the total financial resources available for the child.

2. Each Parent’s Percentage Share: Each parent is responsible for a percentage of the total child support obligation based on their share of the combined income. For example, if one parent earns 60% of the combined income, they will typically be responsible for 60% of the support obligation.
3. Parenting Time (Overnights): The number of overnight visits each parent has with the child significantly impacts the child support calculation. More parenting time generally reduces the amount of support owed because that parent is directly covering more day-to-day expenses.
4. Number of Children: The total support obligation increases with each additional child. Colorado uses a guideline schedule to determine the base amount depending on income and the number of children.
5. Additional Expenses or Add-Ons: The calculator also factors in additional child-related costs, such as:
   • Health insurance premiums
   • Work-related childcare
   • Extraordinary medical expenses
   • Educational or special needs costs

These expenses are typically divided between parents based on their income percentages.

6. Adjustments and Deviations: Courts can deviate from the standard calculation when necessary. This may happen in cases involving:
   • Special medical or educational needs
   • Significant travel expenses
   • Unique parenting arrangements
   • A child’s independent income

Ultimately, the guideline amount is presumed to be correct, but it is not absolute.

2026 Changes to Colorado’s Child Support Law

Colorado implemented significant updates to its child support laws, with many changes taking effect in 2026. These reforms impact how the calculator works and may change support amounts for many families.

The changes include:

• Higher Income Cap for Guidelines: Previously, the guideline formula applied to combined monthly incomes up to $30,000. As of 2026, that threshold increased to $40,000, meaning more families now fall within the standard calculation model.
• New Parenting Time Formula: One of the biggest changes is the elimination of the old “93 overnight” rule. Previously, a parent needed at least 93 overnights to receive a reduction in child support. Now, every overnight counts, using a graduated scale to determine credits. This change creates a more nuanced and fair system, especially for parents with a fair amount of parenting time.
• Unified Calculation Method: Colorado moved toward a single, unified formula, replacing the older worksheet system that depended on parenting time thresholds. This simplifies the process while making calculations more consistent across cases.
• Updated Support Tables: The state revised its child support tables to better reflect modern economic conditions and the cost of raising children. This means that some families may see higher or lower support amounts, depending on their income and circumstances.
• Changes for Low-Income Parents: New provisions help to ensure that low-income parents are not overburdened. This includes minimum payment thresholds and caps based on a percentage of income.
• Changes to the Tax Dependency Exemption: Under the new law, a court may allocate the income tax dependency exemption and tax benefit for a child. The change gives courts more leeway to allocate the exemption based on factors such as the financial resources of each parent and the negative impacts on a parent’s ability to provide for their child’s needs if they are not awarded the exemption.

Why The Child Support Calculator Isn’t Always Enough

Online child support calculators are helpful, but they do have limitations. They cannot fully account for:

• Complex income situations (such as bonuses, self-employment, etc.)
• Disputes over parenting time
• Deviations based on special circumstances
• Legal strategy and negotiation 

With a child support calculator, even small errors in inputs can lead to significantly different outcomes.

Working with an experienced Colorado family law attorney can make a substantial difference in your child support case. First, your lawyer can provide an accurate financial analysis. They will ensure that all income sources are properly calculated and that no critical factors are overlooked.

Second, your attorney can advocate for fair parenting time. Because parenting time (particularly overnight visits) directly affects your support, your lawyer can help you negotiate or litigate a schedule that reflects your involvement.

Third, an attorney can identify deviations from the guidelines. If the standard calculation is unfair, your Colorado child support attorney can argue for a deviation based on your unique circumstances.

Fourth, your lawyer can handle any modifications to your child support order. If your financial situation changes or the 2026 updates to the law affect your current order, an attorney can help you seek a modification.

Fifth, an attorney can play a key role in reducing conflict in child support cases. Disputes over child support can quickly become contentious. Legal guidance can help to streamline the process, reduce stress, and potentially minimize the costs of litigation.

Work with an Experienced Colorado Child Support Lawyer

A child support calculator is a good place to start to get a rough idea of what you may owe or may be due in child support. While these statutory formulas are a good place to start, there are intricacies in Colorado law, and that means that these estimates aren’t always 100% accurate. For the best outcome, you should consider working with a seasoned Colorado family law attorney.

Ascent Legal Group represents individuals in all types of family law matters in Colorado, including divorce, legal separation, parenting time, spousal maintenance, and child support. We offer free 30-minute consultations so that you can get a better understanding of your rights when it comes to child support. Call our law firm at 719-256-0067 or fill out our online contact form to schedule a free 30-minute consultation with a Colorado family lawyer.

Frequently Asked Questions about Colorado Child Support

How Accurate Is a Colorado Child Support Calculator?

A calculator provides a useful estimate based on state guidelines, but it is not a final determination. Courts may adjust the amount based on additional factors. Even small differences in inputs for income and parenting time can change a child support obligation. Extraordinary expenses and other factors may also affect the total support owed.

Can Child Support Be Changed After It Is Ordered?

Yes. In Colorado, child support can be modified if there is a substantial and continuing change in circumstances. Typically, if this change results in at least a 10% difference in the support obligation, a modification may be granted.

Do the 2026 Law Changes Affect Existing Child Support Orders?

Possibly. If the updated guidelines result in a significant difference in the calculated amount of child support, you may be able to request a modification of your current child support order.

Resources:

• Colorado Revised Statutes § 14-10-115 – Child Support Guidelines and Calculation. FindLaw. https://codes.findlaw.com/co/title-14-domestic-matters/co-rev-st-sect-14-10-115/
• Changing a Child Support Order. Colorado Child Support Services (Colorado Department of Human Services).https://childsupport.state.co.us/changing-order

Sometimes, the person you marry doesn’t turn out to be who you thought they were. If you are ready to end your marriage, you may be wondering what your options are. More specifically, you might be considering whether you can have your marriage annulled instead of getting a divorce.

An annulment is a legal declaration that your marriage was invalid. In other words, if you get an annulment, it is as though your marriage never existed. In Colorado, annulments are rare and only granted in very specific situations.

Ascent Legal Group counsels clients on the options available to them for ending their marriage, including divorce, legal separation, and annulment. If you are interested in an annulment, we can talk you through the grounds for annulment and advise you of the best way to proceed, given the facts of your case. To learn more or to schedule a free 30-minute consultation with a Colorado family law attorney, reach out to our law offices today.

What Is an Annulment?

In Colorado, an annulment is referred to as a declaration of invalidity of marriage. It is an option in situations where your marriage was not valid from the start. Annulment is only possible in a handful of situations (described in more detail below).

While the final outcome is essentially the same, an annulment is not the equivalent of a divorce. When you get divorced, you are seeking to end a valid marriage. With an annulment, you are asking the court to declare that your marriage was never legally valid. 

Getting an annulment is not necessarily easier than getting a divorce. You will need to introduce evidence to prove to the court that your marriage was not valid for one of several specific reasons (as outlined in Colorado law). If your spouse contests the petition, it could be just as time-consuming and expensive a process as a contested divorce.

When Can You Annul a Marriage in Colorado?

You cannot get an annulment in Colorado simply because your marriage didn’t work and you don’t want to be married anymore. Unlike divorce, where you simply have to allege that your marriage is “irretrievably broken” you will have to prove that something was legally wrong at the time that the marriage occurred.

Valid Grounds For Annulment

A Colorado court will invalidate a marriage in very limited circumstances. Per Colorado law, the only valid grounds for annulment are as follows:

1. Lack of Mental Capacity: an annulment may be granted if one spouse could not consent to the marriage due to mental incapacity or intoxication (drugs and/or alcohol).
2. Fraud or Misrepresentation: If one spouse was deceived about something essential to the marriage (i.e., not a minor issue), it may be a basis to invalidate the marriage.
3. Duress or Coercion: If a spouse was forced or pressured into a marriage, it may be annulled. 
4. Jest: If the marriage was entered into as a joke or a dare and was never intended to be real, it may be annulled.
5. Physical Inability to Consummate the Marriage: If one spouse was physically unable to consummate the marriage and their partner was unaware at the time of the marriage, that may be a basis for annulment.
6. Underage Marriage Without Proper Consent: If a spouse was below the legal age for marriage (18, or 16 with the consent of parents, guardians, or the court), then the marriage is invalid.
7. Void Marriages: Certain marriages are automatically invalid, such as those involving bigamy (one spouse is already married) or incestuous relationships. 

In Colorado, you cannot get an annulment for any reason other than the ones listed above. Perhaps more importantly, you will have to introduce evidence to prove that one (or more) of these conditions existed at the time of your marriage. 

Providing Evidence For Annulment

Annulment isn’t a way to end a short-lived marriage or one where you believe that your spouse is dishonest.  You will need proof of some type of fraud or invalidity at the time of the marriage.

Most annulment cases are fairly black-and-white: you can either prove the grounds for annulment or you cannot. For example, if you are seeking an annulment based on bigamy, you should easily be able to prove that your spouse was married at the time that you got married.

However, cases involving fraud can be more complex. To qualify for an annulment, you have to prove something more than “my spouse lied to me.” The lie has to go to the very heart of the marriage itself.

For example, if a woman falsely claimed that she was pregnant to convince her husband to marry her, that may be the basis for annulment if she was never pregnant. Similarly, if a man induced his wife to marry him because he was terminally ill and it turns out that he was not sick, that could potentially be a reason to invalidate the marriage. In short, the alleged fraud or misrepresentation has to be significant. 

These rules mean that it can be incredibly hard to get an annulment. A no-fault divorce is often quicker and easier, particularly if you and your soon-to-be ex can come to an agreement on any major issues in the divorce. However, if you have evidence of one of the 7 grounds for invalidation listed above, then our Colorado family lawyers can help you pursue an annulment. 

The Process for an Annulment in Colorado

In Colorado, you can seek a divorce at any time. Annulment is different. There are strict time limits for invalidating your marriage based on the reason for the annulment:

• Fraud, duress, incapacity, or jest: you must file for an annulment within 6 months of discovering the issue.
• Physical incapacity: you have to file for invalidation within 1 year.
• Underage marriage: the petition must be filed within 24 months.
• Void marriages: an annulment can be sought at any time before one partner to the marriage dies.

If you miss these deadlines, then you may not be able to have your marriage annulled. 

The process for seeking an annulment is similar to getting a divorce. However, there are different legal standards for getting an annulment. 

1. File a Petition: You must file a Petition for Declaration of Invalidity of Marriage in district court. You can file this petition jointly with your spouse or individually. If the marriage occurred in Colorado, you can file the petition immediately. Otherwise, one spouse must live in the state for at least 30 days before filing.
2. Serve Your Spouse: If you are filing alone, you must formally deliver (serve) the paperwork to your spouse.
3. Attend Court Proceedings: After the petition is filed, the court may schedule an initial status conference and hearings to review evidence. You must prove your legal grounds for annulment by a preponderance of the evidence (more likely than not).
4. Wait for a Decree: If the court agrees that your marriage is invalid under Colorado law, then it will issue a Decree of Invalidity of Marriage. This will officially void your marriage as though it never occurred.

In annulment cases, the court will still have to resolve the same issues that are often present in a divorce. This may include division of property, spousal maintenance, the allocation of parental responsibilities, and child support. For this reason, a contested annulment can often take just as long as a divorce or legal separation.

What Happens After an Annulment Is Granted?

Even though the marriage is treated as though it never existed, some legal issues will still need to be resolved. This is particularly true in cases where a couple has joint assets and debts and/or where they share minor children.

When it comes to the division of property, the process may be a bit different compared to a divorce. Essentially, if one spouse committed some type of fraud or misrepresentation, a judge won’t want to effectively reward them for their malfeasance by splitting marital property equitably. Instead, the court may divvy up property based on what the wrongdoer contributed instead of typical family law principles.

Spousal maintenance may be awarded based on the unique facts of the case. However, if the spouse seeking alimony committed fraud or misrepresentation, then they will not get maintenance. Essentially, if one spouse is at fault in an annulment case, it can affect the outcome of the case when it comes to financial matters.

When it comes to the allocation of parental responsibilities and child support, courts will make decisions just like in divorce cases. That means that decision-making authority and parenting time will be based on the best interests of the child. The income shares model will be used to calculate child support.

Finally, when an annulment is granted, it is as though the marriage never happened. This can be important to a person for many different reasons (such as religious reasons). It may also lead to the restoration of certain benefits that may have been lost by marriage.

For example, if one party’s spousal maintenance payments were ended because of the marriage, the annulment may restore maintenance. However, reinstatement of maintenance is not automatic, so you should always consult with a Colorado spousal maintenance attorney to better understand your rights.

Get Professional Legal Help Ending Your Marriage

An annulment is not a quick fix or simply an alternative to divorce in Colorado. Instead, an annulment is a specific legal remedy that is reserved for situations where a marriage was fundamentally flawed from the very beginning. To successfully annul a marriage, you must prove a valid legal ground, file within the required timeframe, and follow the court procedures carefully.

At Ascent Legal Group, we are well-versed in all aspects of Colorado family law, including annulments. We can evaluate your situation and determine the best path forward. If your marriage was valid but no longer works for you, divorce is often the more practical and accessible solution for most people.

To learn more or to schedule a free 30-minute consultation with a Colorado divorce lawyer, give us a call at 719-256-0067 or fill out our online contact form.

Frequently Asked Questions

Is It Better to Get an Annulment or a Divorce? 

Annulment is not usually easier or faster than a divorce. Deciding which one is better will depend on your specific situation:

Does an Annulment Affect My Kids? 

If you have children, you may be concerned about the impact of an annulment on them. After all, if the marriage isn’t valid, does that mean your children are illegitimate?

No. Under Colorado law, annulment does not affect the legitimacy of children born to the union. Parenting time and decision-making authority will be decided just as it would be if you had gotten a divorce or legal separation.

Do I Need an Attorney to Get an Annulment in Colorado?

It is possible to handle an annulment pro se (on your own). However, if your spouse contests the annulment, the case may be just as complex as a divorce. 

Even if you have clear proof of malfeasance, division of property, maintenance, allocation of parental responsibilities, and child support can all be difficult to handle on your own. For most people, it makes sense to consult with a Colorado family law attorney to understand their rights and options before pursuing an annulment or divorce.

Resources:

• Petition for Annulment (Invalidity) – Form JDF 1041. Colorado Judicial Branch. https://www.coloradojudicial.gov/self-help-and-forms/self-help-forms/petition-annulment-invalidity
• Colorado Revised Statutes § 14-10-111 – Declaration of Invalidity of Marriage. FindLaw. https://codes.findlaw.com/co/title-14-domestic-matters/co-rev-st-sect-14-10-111/