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Free Guide to Hiring a Family Lawyer
This guide covers the practical legal landscape for divorce and separation matters in Denver, Colorado. In Colorado, divorce is commonly called a dissolution of marriage and is governed by state statutes and local court procedures. Colorado follows a no-fault ground for divorce - the court may grant a dissolution when the marriage is irretrievably broken - and requires that at least one spouse meet a residency requirement before filing. Key issues resolved in divorce proceedings include division of marital property, allocation of parental responsibilities and parenting time for children, child support, and spousal maintenance. Local Denver courts follow Colorado law while applying county-level procedures and schedules.
Divorce can involve emotionally charged decisions and complex legal issues. You should consider hiring a lawyer if you face any of the following situations:
- Disputes over child custody or parenting time, including relocation requests or allegations of abuse.
- Significant marital assets or debts, including real estate, retirement accounts, businesses, or complex investments.
- Allegations of domestic violence or the need for protective orders to keep you and your children safe.
- Claims for or against spousal maintenance - including disputes about amount, duration, or tax consequences.
- Complicated tax issues related to property and support, or questions about dividing retirement benefits and pensions.
- High-conflict litigation where negotiation, discovery, or trial may be necessary.
- Need to enforce or modify existing court orders for support or parenting time.
Even in seemingly straightforward cases, a lawyer can help with proper drafting of settlement agreements, ensuring statutory requirements are met, protecting rights, and avoiding mistakes that can have long-term consequences.
Residency Requirement - Before filing in Colorado, at least one spouse must be a resident of the state. The common residency period is 91 days, but you should confirm current local rules before filing.
No-Fault Ground - Colorado grants dissolution when the marriage is irretrievably broken; fault is generally not required.
Property Division - Colorado is an equitable distribution state. Courts divide marital property in a way that is fair, though not necessarily equal. Courts classify assets as marital or separate, with separate property typically including assets owned prior to marriage, gifts, and inheritances.
Parental Responsibilities and Parenting Time - Colorado focuses on the best interests of the child when allocating parental responsibilities and parenting time. Terms you may see include legal decision-making (major decisions like education and medical care) and parenting time schedules. The state encourages frequent and continuing contact with both parents unless that contact would be harmful.
Child Support - Child support is calculated using Colorado Child Support Guidelines. The guidelines consider both parents financial resources, income, and the parenting time schedule. The court can deviate from guidelines for specific reasons but must explain the rationale.
Spousal Maintenance - Courts may award spousal maintenance based on statutory factors including length of marriage, age and health of the parties, ability to gain employment, and contributions to the marriage. There is no fixed formula; awards are discretionary within statutory guidelines.
Domestic Violence and Protection Orders - Colorado has procedures for temporary and permanent protection orders to address domestic violence. Courts can issue emergency orders to protect victims and their children.
Paternity and Unmarried Parents - For parents who were not married, paternity may need to be established before custody and support orders can be granted. Genetic testing can be ordered if paternity is disputed.
Enforcement and Modification - Orders for support and parenting time can be enforced through the court. Modification of orders generally requires showing a substantial change in circumstances or meeting statutory time limits for review.
At least one spouse must be a Colorado resident before filing. Many local rules use a 91-day residency period, but county practices can vary. Confirm the current residency requirement with the local court or an attorney before filing.
No-fault means the court does not require proof of wrongdoing like adultery or cruelty. The court will grant a dissolution if the marriage is irretrievably broken. Fault-based allegations are generally unnecessary, though they can sometimes be relevant to specific issues.
Colorado uses equitable distribution. The court identifies marital and separate property, values assets and debts, and divides them in a manner that is fair given the parties circumstances. Factors include length of the marriage, economic contributions, and future needs.
Decisions are based on the best interests of the child. Courts consider factors like the child relationship with each parent, the child needs, parental ability to provide care, and any history of abuse. Colorado favors frequent and continuing contact with both parents unless it would harm the child.
Child support is calculated using the Colorado Child Support Guidelines. The guidelines take both parents income and child-related expenses into account, along with parenting time. Courts can deviate from the guidelines when justified and must explain why.
Spousal maintenance may be available depending on circumstances such as the length of the marriage, financial needs, and each spouse ability to earn income. Courts evaluate statutory factors when deciding whether to award maintenance and for how long.
If you or your children are in immediate danger, call emergency services. You can seek a protection order through the court to restrict the other parties contact and actions. Consult local victim services and an attorney for help with safety planning and the legal steps to protect yourself.
Yes. An unmarried parent can establish parental rights and responsibilities by establishing paternity. Once paternity is established, the parent can seek custody, parenting time, and child support through the court.
Not necessarily. Many divorces are resolved by settlement, mediation, or negotiation without a full trial. Contested issues that cannot be resolved through negotiation may require a trial. Alternative dispute resolution methods like mediation or collaborative law are commonly used to reach agreements.
Timing varies. An uncontested divorce can be finalized in a few months if paperwork and agreements are in order. Contested cases often take longer - many months to over a year - depending on complexity, discovery needs, court schedules, and whether a trial is required.
Colorado Judicial Branch Self-Help resources and local court forms are useful for people representing themselves or preparing documents. County courthouse self-help centers can assist with procedural questions.
Colorado Legal Services and local legal aid organizations provide income-based assistance and referrals for eligible residents.
Bar association lawyer referral services - for finding experienced family law attorneys in Denver and the surrounding counties.
Colorado Department of Human Services - Child Support Services for help establishing and enforcing child support orders.
Local domestic violence programs and the Colorado Coalition Against Domestic Violence - for safety planning, shelters, and victim support services.
Family mediation centers and private mediators - for alternative dispute resolution options focused on settlement and parenting plans.
Gather Documents - Collect financial documents such as bank statements, tax returns, pay stubs, retirement account statements, mortgage paperwork, and debt records. Gather documents related to children such as school records, medical records, and schedules.
Assess Safety - If there is any history or risk of domestic violence, create a safety plan and reach out to local victim services before taking actions that might increase risk.
Consult an Attorney - Schedule an initial consultation with an experienced family law attorney to discuss your goals, rights, likely outcomes, and fee structure. Prepare specific questions and bring your documents.
Consider Alternatives - Think about mediation or collaborative law if both parties are open to negotiated settlements. These options can save time and cost while giving you more control over the outcome.
File or Respond - If you decide to move forward, you or your attorney will prepare and file the necessary petition in the appropriate Denver-area court. If you are served, respond within the required time frame to protect your rights.
Seek Temporary Relief if Needed - If you need immediate orders for support, parenting time, or protection, you can request temporary orders from the court while the case is pending.
Plan Financially and Emotionally - Build a short-term budget, get copies of important records, and consider counseling or support groups for emotional support during the process.
Use Local Resources - Reach out to the recommended resources above for forms, information, or assistance with legal aid and domestic violence services.
Every case is different. Consulting a Denver family law attorney will help you understand how the law applies to your particular situation and what practical steps to take next.
