Getting married is a big step – financially, legally, and emotionally. When it doesn’t work out, untangling those ties can take time and quite a bit of effort. In Colorado Springs, the divorce process can be relatively quick – or may take a year or longer to resolve.
In Colorado, you can get a contested or uncontested divorce depending on whether you and your spouse can agree on the major issues in your divorce. This includes property division, alimony, and child custody and support. If you can’t reach an agreement on all of those issues, then a court will make a decision on any unresolved issues based on Colorado law. Our Colorado Springs divorce law firm can help you understand your rights and protect your interests throughout the divorce process.
Ascent Legal Group represents clients throughout El Paso County in divorce and other family law matters. We have a deep understanding of Colorado divorce law, which we put to work to help our clients get the best possible outcome for themselves and their families. Contact our law offices today to schedule a free 30-minute consultation with a Colorado Springs divorce attorney.
Divorce can feel overwhelming, especially when you are not sure what to expect or where to begin. At Ascent Legal Group, we believe that an informed client is an empowered client. Here is what the process looks like when you work with our Colorado Springs divorce attorneys.
Getting Divorced in Colorado Springs: What to Expect
Colorado is a no-fault divorce state. This means that the only grounds for a divorce in Colorado are that the marriage is irretrievably broken.
There are two main types of divorce in Colorado: contested and uncontested. Put simply, the difference between the two divorces is whether or not you and your spouse can agree on the issues in your divorce – property division, spousal support/alimony, and child custody and support. If you can come to an agreement on all of those issues, then the divorce process will be significantly faster and will often cost a lot less.
Of course, it isn’t always possible to come to an agreement with your spouse. After all, you are getting divorced for a reason. This would result in a contested divorce, and the need for a judge to make a final determination about any unresolved issues, like how to divide your property, whether spousal support is appropriate, and any issues related to your minor children.
Even in an amicable, uncontested divorce, complex issues may arise that require legal advice. For example, the way that you and your spouse divide your property can have serious tax implications. Working with an experienced Colorado Springs divorce attorney can protect your interests and ensure that the process goes smoothly.
Our Divorce Process
Step 1: Free 30-Minute Consultation
Every client relationship begins with a free 30-minute consultation with one of our Colorado Springs divorce attorneys. This is your opportunity to share the details of your situation, ask questions, and get a clear picture of your legal options.
We listen carefully, assess the key issues in your case, and give you an honest assessment of what to expect. There is no pressure and no obligation. Our goal is simply to make sure you leave the consultation better informed than when you arrived.
Step 2: Case Evaluation and Strategy Development
Once you decide to move forward with Ascent Legal Group, we take a deep dive into the specifics of your case. This includes reviewing your financial situation, identifying and categorizing assets and debts, evaluating any existing agreements such as prenuptial or postnuptial contracts, and assessing any custody-related concerns if children are involved. From there, we develop a legal strategy tailored specifically to your goals, your circumstances, and the realities of how El Paso County courts handle cases like yours.
Step 3: Filing and Serving the Divorce Petition
With your strategy in place, we handle the preparation and filing of all required legal documents with the El Paso County court. If you are the filing spouse, your spouse will be formally served with the divorce petition, triggering the mandatory 91-day waiting period required under Colorado law.
If both spouses are in agreement from the outset, we can file jointly as co-petitioners, streamlining the process and eliminating the need for formal service. We ensure every document is accurate, complete, and filed on time, which protects you from delays or complications caused by paperwork errors.
Step 4: Financial Disclosures
Colorado law requires both spouses to submit detailed sworn financial statements disclosing all of their assets, debts, income, and expenses. This step is critical to a fair outcome and is not optional. Failure to disclose assets accurately can have serious legal consequences.
Our team guides you through this process carefully, helping you gather the right documentation and ensuring your financial picture is presented completely and accurately. We work with financial experts to establish fair and defensible valuations where the value of assets is disputed.
Step 5: Negotiation and Mediation
The majority of divorces in Colorado Springs are resolved without going to trial. Once financial disclosures are complete and the issues in your case are clearly defined, our attorneys work to negotiate a fair settlement on your behalf. This may involve direct negotiation with your spouse’s attorney or, in many cases, formal mediation with a neutral third-party mediator.
El Paso County courts frequently require mediation before a contested case can proceed to trial. We come to every negotiation and mediation session fully prepared, with a clear strategy and a thorough understanding of what the court is likely to do if the matter goes before a judge, which gives you real leverage at the table.
Step 6: Settlement or Trial
If negotiation and mediation are successful, we draft a comprehensive settlement agreement that addresses every issue in your divorce, including property division, spousal maintenance, parenting time, child support, and any other relevant matters. We review every term with you carefully before anything is signed and submitted to the court for approval.
If your case cannot be resolved through negotiation, our attorneys are fully prepared to take your case to trial. We have significant courtroom experience and will present your case persuasively before an El Paso County judge, fighting for the outcome you deserve.
Step 7: Finalizing Your Divorce
Once all issues are resolved, the judge issues a Decree of Dissolution of Marriage, officially ending the marriage. We review the final decree with you to make sure every term is accurately reflected and that you understand your rights and obligations going forward. For matters that may require future attention (such as QDRO drafting for retirement accounts, deed transfers for real property, or potential post-decree modifications), we remain here to help long after the ink is dry.
Military Divorce in Colorado Springs
Colorado Springs is home to one of the largest concentrations of military personnel in the United States. Fort Carson, Peterson Space Force Base, Schriever Space Force Base, and the United States Air Force Academy collectively make our community home to tens of thousands of active-duty service members and their families. At Ascent Legal Group, we understand that when a military marriage ends, the legal process involves a layer of complexity that goes well beyond a standard Colorado divorce.
Military divorce is governed by both Colorado state law and federal statutes, and navigating both simultaneously requires an attorney who knows where those two systems intersect and where they conflict. At Ascent Legal Group, we have deep respect for the men and women who serve in our military and we’re proud to offer military divorce services.
Property Division in a Colorado Springs Divorce
In Colorado, courts are required to divide marital assets and debts based on the rule of “equitable distribution.” Generally, this means that a court will divide property based on what they believe to be fair, based on the unique circumstances of the case, not necessarily equally.
Categorizing Property
Each partner is required to complete a sworn financial statement in which they list their assets and liabilities. Based on these statements, the couple’s property is categorized as “marital” or “separate.” Generally, separate property includes any property that a spouse acquired before marriage or through gift or inheritance during marriage. Marital property includes any property (including assets or debts) that the couple acquired after the date of marriage. Marital property also includes the increase in value of any separate property during the marriage.
Categorizing property accurately as marital or separate is critical to a fair property division in a Colorado divorce because Colorado divorce courts only have jurisdiction (authority) over marital property. Our Colorado Springs divorce lawyers will work with you to ensure that your assets and liabilities are correctly categorized to protect your financial interests.
Valuing Property
We will also work to make sure that your assets are appropriately valued. While the value of many assets – such as retirement accounts or the marital home – is pretty straightforward, other values can be much more difficult to determine. For example, you might own a business that you believe has little value because it has struggled in recent years – but your soon-to-be-ex might believe that it is worth millions. Our team works with financial experts who can assign a fair value to assets so that your property is divided fairly.
Determining Property Division
Once the couple’s marital property has been identified, a judge will then start the process of equitably dividing these assets and debts. A court will look at a number of factors to make this determination:
- The contribution of each spouse to the acquisition of the marital property, including the contribution of a spouse as homemaker;
- The value of the property set apart to each spouse;
- The economic circumstances of each spouse at the time the division of property is to become effective; and,
- Any increases or decreases in the value of the separate property of the spouse during the marriage or the depletion of the separate property for marital purposes.
Remember, a court cannot consider fault – such as one spouse cheating – when deciding on property division.
Allowing the court to decide how your property will be divided can be risky. For this reason, many divorcing couples choose to work out a settlement that addresses the division of property rather than risking going to a trial. At Ascent Legal Group, we have significant experience negotiating settlements between divorcing spouses, including with the assistance of a mediator. We also have significant trial experience and will utilize our knowledge of Colorado family law to help you get the best possible outcome for your divorce.
Alimony In A Colorado Springs Divorce
Alimony – or “maintenance” as it is known in Colorado – is not awarded in every case. Instead, the court first determines whether maintenance is appropriate by considering:
- The amount of property each spouse will receive from the divorce;
- How much income each spouse can earn; and
- Their reasonable needs as determined by the standard of the marriage
If the court finds that an order for maintenance is appropriate, it considers several factors in creating that order, including:
- The length of marriage;
- Any disparity in income between the spouses;
- The financial resources of both parties;
- Employability of each spouse;
- The standard of living of the parties; and
- Any tax implications of alimony
Clearly, this is an intensely fact-based process that requires a detailed analysis of your unique circumstances.
If you have a prenuptial or postnuptial agreement, it may address property division; however, such agreements cannot determine child support or maintenance. Our Colorado Springs divorce attorneys can work with you to evaluate the enforceability of your prenup or postnup and help you determine your legal rights based on that document and current Colorado law.
Child Custody in a Colorado Divorce
If you have minor children, then child custody will be part of any divorce. In Colorado, the courts refer to this process as the allocation of parental responsibility (APR). There are two parts to APR, including physical custody, or “parenting time” as it is known in Colorado, and decision-making.
When it comes to parenting time, “shared physical care” is when each parent keeps the children overnight 92 days a year and both parents contribute to the children’s expenses (beyond child support). When one parent has primary physical care, the other parent is said to have visitation rights. This is also referred to as the allocation of parental responsibilities.
Colorado law does not have any presumption in favor of one parent over the other based on gender. Instead, the focus is on the best interests of the child(ren):
- The wishes of the child’s parents as to parenting time;
- The wishes of the child if he or she is sufficiently mature to express reasoned and independent preferences as to the parenting time schedule;
- The interaction and interrelationship of the child with his or her parents, his or her siblings, and any other person who may significantly affect the child’s best interests;
- The child’s adjustment to his or her home, school, and community;
- The mental and physical health of all individuals involved, except that a disability alone shall not be a basis to deny or restrict parenting time;
- The ability of the parties to encourage the sharing of love, affection, and contact between the child and the other party; except that, if the court determines that a party is acting to protect the child from witnessing domestic violence or from being a victim of child abuse or neglect or domestic violence, the party’s protective actions shall not be considered with respect to this factor;
- Whether the past pattern of involvement of the parties with the child reflects a system of values, time commitment, and mutual support;
- The physical proximity of the parties to each other as this relates to the practical considerations of parenting time; and
- The ability of each party to place the needs of the child ahead of his or her own needs.
Decisions related to parenting time can be particularly emotional. Few parents want to give up time with their kids – yet the simple reality of divorce is that you will usually spend less time with your children than you did before the divorce. Our Colorado Springs divorce lawyers can help you understand your rights and the likely outcomes of a trial as it relates to parenting time. In this way, we can help you make the best possible decision for yourself and your family.
As for decision-making, Colorado courts have a preference for joint decision-making. This encourages parents to collaborate on important issues related to their children’s healthcare, religion, education, and other important parts of their lives. However, if one of the parties has committed acts of domestic violence against the other, courts tend to award sole decision-making to one party.
Child Support in a Colorado Divorce
In most cases, one parent will be required to pay child support to the other parent. This is usually determined by the amount of parenting time and overnights each parent has under a parenting plan. Other factors, like a significant income disparity between the spouses, might also impact child support. We can work with you on any issues related to child support, including requesting a modification in the future due to a change in circumstances.
The Benefits of Working With A Divorce Lawyer
Divorce is one of the most consequential legal processes you will ever face. The decisions made during your divorce can have lasting effects for years to come. While Colorado law does allow individuals to represent themselves, navigating a dissolution of marriage without experienced legal counsel puts you at a serious disadvantage.
Protecting Your Legal Rights
Many people entering the divorce process are unaware of the rights they are entitled to under Colorado law. Without having a divorce lawyer in Colorado Springs on your side, it is easy to agree to terms that seem fair on the surface but are actually unfavorable, or even legally unsound. Working with a divorce attorney in Colorado Springs ensures you understand what you are entitled to, from your share of marital assets and retirement accounts to your parenting rights, and fights to protect those interests at every stage.
Navigating Complex Colorado Divorce Laws
Colorado’s divorce statutes are nuanced. Areas of divorce law, such as equitable distribution, spousal maintenance guidelines, the allocation of parental responsibilities, and mandatory financial disclosures, all involve specific legal standards and procedures. An experienced divorce attorney understands how El Paso County courts interpret and apply these laws, and uses that knowledge to build the strongest possible case on your behalf.
Avoiding Costly Mistakes
Errors in paperwork, missed deadlines, improperly drafted agreements, and failure to disclose assets can derail your case, delay your divorce, or result in outcomes that are difficult or impossible to reverse. A skilled attorney ensures every document is accurate, every deadline is met, and every agreement is legally enforceable before you sign anything.
Skilled Negotiation
Most divorces are resolved through negotiation rather than trial. Having a divorce attorney who is a strong, strategic negotiator can make a significant difference in the final terms of your settlement. Whether the dispute involves the family home, a business, retirement accounts, or parenting time, your lawyer advocates for the outcome that serves your long-term interests, and not just the path of least resistance.
Reducing Conflict and Emotional Stress
Divorce is emotionally exhausting. When you are dealing with grief, uncertainty, and upheaval, it is difficult to make clear-headed legal decisions. Your attorney serves as a buffer between you and your spouse’s legal team, handling communications, managing disputes, and keeping the process moving forward, so you can focus on rebuilding your life.
Representation If Your Case Goes to Court
If your divorce becomes contested and cannot be resolved through mediation or negotiation, you need an attorney who is prepared to litigate. Going to court without legal representation against a spouse who has an attorney is a serious risk. An experienced trial attorney understands courtroom procedure, how to present evidence effectively, and how to argue persuasively before an El Paso County judge.
Peace of Mind
Perhaps most importantly, having a knowledgeable attorney by your side means you are never making critical decisions alone. You have a trusted legal advocate who understands your situation, explains your options clearly, and guides you toward the best possible outcome, giving you confidence during one of the most uncertain times of your life.
Why Choose An Ascent Lawyer To Be Your Colorado Springs Divorce Lawyer?
When you are facing a divorce, the attorney you choose matters enormously. At Ascent Legal Group, we bring more than five decades of combined legal experience, a deep commitment to our clients, and a proven track record of results to every case we handle. Below are a few things that set us apart from other divorce law firms in Colorado Springs.
Over 5 Decades of Experience
Experience is not something that can be rushed or replicated. With more than 50 years of collective experience in Colorado family law, our attorneys have handled thousands of cases, ranging from straightforward uncontested divorces to highly complex contested proceedings involving significant assets, business ownership, and contentious custody disputes. That depth of experience means we have seen nearly every situation a divorce can present, and we know how to navigate it effectively on your behalf.
Award-Winning Legal Representation
Our attorneys have earned recognition among the most distinguished family law practitioners in Colorado. These accolades are not just honors, but are a reflection of the quality of our legal work, the outcomes we achieve, and the trust our clients place in us. When you work with Ascent Legal Group, you are working with lawyers who are recognized by their peers as leaders in the field.
Tailored Solutions for Every Case
No two divorces are alike. Your financial situation, your family dynamics, your goals, and your concerns are unique to you, and your legal strategy should reflect that. We take the time to understand the full picture of your circumstances before developing a plan. Whether your priority is protecting a business you built, securing the parenting arrangement that is best for your children, or reaching a resolution as efficiently as possible, we craft a strategy designed specifically around your needs.
A Truly Client-Centered Approach
At Ascent Legal Group, you are never just a case number. We believe that going through a divorce deserves more than a transactional attorney-client relationship. We listen carefully, communicate clearly, and make sure you are informed and confident at every stage of the process. Our team is accessible, responsive, and genuinely invested in your well-being, because we understand that what we do for you in the courtroom or at the negotiating table has a real and lasting impact on your life.
A History of Results That Shaped Colorado Family Law
Our commitment to family law goes far beyond individual cases. Members of our firm have played a direct role in shaping the legal standards that govern family law across Colorado. In 2004, attorney James Townsend co-authored a transformative petition that changed the legal standard for grandparent visitation in the state. This petition was a landmark contribution that has affected families throughout Colorado for over two decades. When you work with Ascent Legal Group, you are working with attorneys who do not just practice family law but help define it.
When the stakes are this high, you deserve more than adequate legal representation. You deserve attorneys who combine decades of experience with a genuine dedication to your future. Contact Ascent Legal Group today to schedule a free consultation with a Colorado Springs divorce lawyer who will fight for what matters most to you.
Local Divorce Attorneys Near You
Ascent Legal doesn’t just serve Colorado Springs. We’re located in Colorado Springs, and several of our attorneys are Colorado Springs residents. Our Colorado Springs divorce law office is conveniently located just off I-25 and Briargate Parkway in Briargate.
As a local law firm, we’re very familiar with the El Paso County court system and the divorce attorneys in Colorado Springs who may appear as opposing counsel. That familiarity shapes how we build our strategies and helps us deliver the best possible outcome for your case.
Work with an Experienced Colorado Springs Divorce Attorney
The decision to get divorced is never easy. Going into the process with legal representation can make it easier. When you know your rights and what to expect in a divorce, you can often make smarter decisions and be better prepared for likely outcomes. Our law firm will stand by your side through each step of the process.
Ascent Legal Group represents individuals seeking a divorce in the greater Colorado Springs area. We know how emotionally difficult divorce can be, which is why we offer highly skilled, yet compassionate legal representation. Call our law offices today at 719-626-8708 or fill out our online contact form to schedule a free 30-minute consultation with a Colorado Springs divorce lawyer.
Colorado Springs Divorce Lawyer FAQs
How long does a divorce take in Colorado Springs?
The time it takes to file a divorce in Colorado can vary greatly depending on several factors. The minimum timeline for any divorce in Colorado is 91 days, which is a mandatory statutory waiting period that cannot be waived. Uncontested divorces typically wrap up in three to five months, while contested cases involving custody disputes or complex assets can take twelve months or longer. The timeline in El Paso County also depends on court scheduling and how quickly both parties complete required financial disclosures.
What are the residency requirements to file for divorce in Colorado?
Colorado law requires at least one spouse to have lived in the state for a minimum of 91 days before filing for divorce proceedings, and the family court judge must find that the marriage is irretrievably broken. There is no separate El Paso County residency requirement, and only the statewide 91-day rule applies.
Is Colorado a no-fault divorce state?
Yes. Colorado is a no-fault, equitable distribution state. You simply declare the marriage “irretrievably broken,” and no proof of wrongdoing is required. This means fault, infidelity, or misconduct generally cannot be used as grounds for divorce or to influence property division.
What is the difference between a contested and an uncontested divorce?
An uncontested divorce occurs when both spouses agree on all major issues, including property division, debt allocation, spousal maintenance, and parenting arrangements. If both spouses agree on all terms, they can file jointly and skip the service process entirely, with most cases finalizing in 3 to 5 months. A contested divorce arises when spouses disagree on one or more key issues and may require mediation, discovery, and potentially a trial.
Does Colorado recognize common-law marriage?
Yes, Colorado legally recognizes common-law marriages. A common-law marriage is formed when two people mutually agree to live as spouses and present themselves as married, despite not having a marriage license or formal ceremony. This can have serious legal implications during separation or divorce, including division of property and spousal support. Dissolving a common-law marriage requires the same formal divorce process as a traditional marriage.
What is the difference between divorce and legal separation in Colorado?
Colorado recognizes legal separation as a formal court status that follows nearly the same process as dissolution of marriage, with the same forms, the same 91-day residency requirement, the same mandatory financial disclosures, and the same 91-day waiting period. The key difference is that at the end of a legal separation, you remain legally married. Legal separation may be preferred for religious reasons or to maintain health insurance benefits.
How much does a divorce cost in Colorado Springs?
The cost of a divorce can vary depending on the complexity of the case and the level of contention. On average, an attorney-handled divorce costs each spouse between $10,000-$15,000. Uncontested divorces may only cost a few thousand dollars, and high-conflict cases can cost well above $25,000.
Is mediation required in Colorado divorce cases?
Mediation is not always legally mandatory, but El Paso County courts frequently order it before a contested case proceeds to trial. Before going to court, Colorado often requires couples to attend mediation. Mediation can significantly reduce costs and time compared to litigation.
Do I need a lawyer to get divorced in Colorado Springs?
You are not legally required to hire an attorney. However, having at least a one-time review with a family law professional is worthwhile if you own real estate, have retirement accounts, or are agreeing to spousal maintenance. In contested cases involving children, significant assets, or domestic violence, having an experienced Colorado Springs divorce attorney is strongly recommended to protect your rights.
What is a mandatory parenting class, and is it required in El Paso County?
Yes. The Children and Families in Transition (C-FIT) seminar is a mandatory class for all divorce and allocation of parental responsibility filings in El Paso County. The class is currently held online at a cost of $65. Both parents are typically required to complete this class as part of the divorce process when minor children are involved.
How is a retirement account divided in a Colorado divorce?
Retirement accounts, including 401(k)s, IRAs, and pensions, accumulated during the marriage are generally considered marital property and are subject to division under Colorado’s equitable distribution standard. Dividing most employer-sponsored retirement accounts requires a specific court order called a Qualified Domestic Relations Order, or QDRO.
A QDRO instructs the retirement plan administrator on how to divide the account between the spouses without triggering early withdrawal penalties or unnecessary tax consequences. Drafting a QDRO correctly is critical, and errors can be costly and difficult to reverse. Our Colorado Springs divorce attorneys work with financial experts to ensure your retirement assets are valued and divided accurately and in full compliance with plan requirements.
What happens to the family home in a Colorado divorce?
The family home is often the most emotionally charged and financially significant asset in a divorce. In Colorado, if the home was purchased during the marriage, it is generally considered marital property and subject to equitable distribution. There are typically three options: one spouse buys out the other’s share and keeps the home, the home is sold, and the proceeds are divided, or, in some cases, particularly when minor children are involved, one spouse continues living in the home temporarily before it is eventually sold.
The right outcome depends on each spouse’s financial circumstances, their ability to qualify for a mortgage independently, and the overall division of other marital assets. Our attorneys help clients understand the full financial implications of each option before making a decision.
Can a divorce decree be modified after it is finalized in Colorado?
Yes, certain elements of a divorce decree can be modified after it is finalized, but only under specific circumstances.
Child support and parenting time can be modified if there has been a substantial and continuing change in circumstances since the original order was entered, such as a significant change in income, a relocation, or a meaningful shift in the child’s needs.
Spousal maintenance orders may also be modifiable unless the original decree specifically states that maintenance is non-modifiable.
Property division, however, is generally final once the decree is entered and cannot be reopened except in very limited circumstances, such as fraud or the discovery of hidden assets.
If you believe your circumstances have changed enough to warrant a modification, our Colorado Springs divorce attorneys can evaluate your situation and guide you through the process.