You’ve made the difficult decision to file for divorce. What comes next? Understanding Colorado’s divorce laws can help you make more strategic decisions as you proceed.

All divorce is no-fault in Colorado, which means that you don’t need to have a reason (such as adultery) to get divorced. However, you do have to be a resident of Colorado and decide if you want to file jointly with your soon-to-be ex (an uncontested divorce) or on your own (a contested divorce). Depending on the type of divorce you pursue, issues such as property division, spousal maintenance, and child custody will either be agreed upon by the parties or decided by the court. 

At Ascent Legal Group, we help our clients and their families navigate a range of difficult family law matters, including divorce. We provide strategic legal advice to help our clients achieve the best possible outcome for their case. Reach out today to schedule a free consultation with a Colorado family law attorney.

Requirements to File for Divorce in Colorado

To file for divorce in Colorado, either you or your spouse must have had your permanent home in the state for a minimum of 91 days before filing. You must also intend to remain in the state indefinitely. In addition, if there are children involved, then Colorado must have been their home state for at least 182 days prior to the divorce filing. 

This is known as a residency requirement. The purpose of these laws is to ensure that Colorado courts are handling divorces for people who live in the state, as opposed to people who might decide that Colorado has more favorable divorce laws than their home state.

Beyond this residency criteria, there are no other requirements to file for divorce in Colorado (beyond filing the appropriate documents and following the proper legal steps). You and your spouse are not required to legally separate or to live apart from each other before filing for divorce. Colorado also processes LGBTQ+ divorces in the same way that it processes divorces for heterosexual couples.

Types of and Grounds for Divorce in Colorado

In Colorado, the only ground for divorce is that the marriage is irretrievably broken (i.e., you can no longer get along). This is known as a “no-fault” divorce. Unlike other states, you do not need to prove that your spouse did something wrong (like cheat or act cruelly) to get a divorce. While spousal misconduct may come into play when deciding on issues in the case, it is not the legal basis for the divorce itself.

There are two basic types of divorce in Colorado: uncontested and contested divorce. With an uncontested divorce, the parties are able to agree to all of the essential issues in their case. This may include the division of property and debts, spousal support, and (if you have minor children), custody, parenting time, and child support. In a contested divorce, the parties aren’t able to agree on these issues – and may require the court’s intervention to make a decision.

To file for an uncontested divorce, you must have a written separation agreement that covers all of the relevant issues. If you are having difficulty working out some of the details, a Colorado divorce lawyer can help. You may also choose to work with a mediator to help you hammer out an agreement before filing.

If you are seeking an uncontested divorce, you and your spouse can file jointly as co-petitioners. This can reduce some of the costs associated with filing and eliminate some of the legal steps (such as serving the other party with a copy of the divorce petition and other paperwork). In a contested divorce, you will have to complete and file the petition, pay the filing fee, serve your spouse a copy of the divorce papers, and wait for your spouse to respond to your divorce petition before proceeding.

An uncontested divorce is often more streamlined, typically costing far less money and taking far less time to complete. However, it isn’t always possible for a couple in the midst of a breakup to agree on things like child custody or how to divide their assets. In these cases, a contested divorce may be the only option.

For both types of divorces, a Colorado divorce attorney can help you through the process. Even an uncontested divorce requires an understanding of things like the tax implications of property division and how child support is calculated. Our experienced team of Colorado family lawyers can help to ensure that your interests are protected in either type of divorce.

Property Division and Spousal Support in Colorado Divorces

If you and your spouse have any property – or debts – then it will be divided as part of the divorce process. The first step is characterizing the property as either marital (joint) property or separate property. Marital property is subject to division in a divorce, while separate property is not.

Generally, property that is owned before the marriage or that was acquired by gift or inheritance during the marriage is separate property. All other assets and debts acquired during the marriage are considered marital property. In addition, an increase in the value of separate property during the marriage is considered marital property.

Deciding what is marital property and what is separate property can be relatively simple – or incredibly complex (particularly in high net-worth divorces). There are a lot of different things that can affect how an asset is characterized, such as whether a separate asset (like a bank account) became marital property because it was mixed together with marital property (commingled). A Colorado divorce lawyer can help you determine what assets are separate vs. marital – and can advocate for the proper characterization of your property.

After the parties – or the court – determine what property is marital, a value will be assigned to each asset. It will then be divided equitably, or fairly. Equitable distribution does not mean that the marital assets will be split equally. Instead, a court will look at a variety of factors, such as the economic circumstances of each spouse and the value of each spouse’s separate property, to make what they believe to be a fair division. Alternatively, the couple can decide how to split the property themselves in a marital settlement agreement.

Temporary or long-term alimony (spousal maintenance) may be awarded when necessary. Neither type of alimony is automatic in a Colorado divorce. Instead, a judge may order either temporary financial support or longer-term spousal maintenance when one spouse requires support and the other spouse has the ability to pay. This decision is made after examining a variety of factors, including each party’s gross income and financial resources and their reasonable financial need.

Financial issues can often be addressed by a couple in a prenuptial or antenuptial agreement. A prenup or postnup must be in writing, signed voluntarily by both parties, fair to both parties and made after a full financial disclosure. Prenups and postnups cannot include provisions about child custody and support.

Child Custody and Support in Colorado Divorces

In Colorado, child custody is referred to as “parental responsibilities.” There are two types of child custody: (1) legal custody (decision-making responsibility) and (2) physical custody (parenting time). 

There is a preference in Colorado for parents to share decision-making responsibility when possible. This means that the parents will work together to make decisions about big issues like education, religion, and medical treatment. Of course, this isn’t always possible – so a court may decide to give each parent authority over certain issues or (in more unusual cases) to award sole decision-making authority to one parent.

Parenting time includes where a child lives and the time that a child spends with each parent. If one parent has fewer than 90 overnight visits with the child each year, then the other parent is the custodial parent with primary parental responsibility. If the parents have an approximately equal number of overnight visits each year, then they share joint parental responsibility. 

In a divorce, parents can come to an agreement about how they will handle custody and visitation. This should be written out in a parenting plan to be approved by the court as part of a divorce. As long as the agreement is in the child’s best interests, then a judge will approve the plan.

Otherwise, a court will make a decision about parental responsibilities based on all relevant circumstances. The ultimate decision comes down to the best interests of the child. In Colorado, judges do not give preference to one parent based on gender.

Finally, parents in Colorado owe financial support to their children to pay for their basic needs. Colorado uses a somewhat complex “income shares” method to calculate support. The process involves determining each parent’s income, determining the parents’ combined basic child support obligation, and then dividing this amount between the parents based on the number of overnight visits each parent has with the child. Our Colorado family law attorneys can help you understand your potential child support obligations as part of a divorce.

Finalizing a Divorce

In Colorado, there is a 91-day waiting period from the date that the divorce papers were served until the court can enter a divorce decree. In an uncontested divorce, this means that it may be possible to be divorced within approximately 3 months of filing. 

For a contested divorce, the process will typically take far longer – particularly if the case goes to trial. It may take a year or longer to get divorced based on factors like your ability to reach an agreement and the court’s schedule. Throughout the process, your Colorado divorce lawyer should keep you updated on the progress of the case.

Reach Out Today for a Free Consultation with a Colorado Divorce Lawyer

No one gets married with the expectation that they will get a divorce. However, sometimes even the greatest love story comes to an end. Going through a divorce can be difficult – but the process can be made easier with a skilled Colorado divorce attorney by your side.

With offices in Colorado Springs, Centennial, and Castle Rock, Ascent Legal Group represents individuals in divorce and other family law matters throughout Colorado. We pride ourselves on providing strategic, thoughtful legal representation that is designed to advance our clients’ best interests. Call our law offices today at 719-256-0067 or fill out our online contact form to schedule a free 30-minute consultation with an experienced Colorado divorce lawyer.