Divorce Attorney

Colorado is a no-fault divorce state, meaning that either party can file for divorce without proving fault on the other spouse’s part. The court may award alimony or spousal maintenance if it determines that one spouse needs financial support due to economic hardship. In addition, the court has broad discretion to divide marital assets and liabilities.

If you are going through a divorce, the process is not as simple as it may seem. Many things can go wrong during your divorce if you do not have an experienced lawyer on your side.

Protect your interest and future. Contact Philip Goldberg PC to schedule an initial consultation.

The spouse who initiates the divorce is the “Petitioner,” and the other spouse is the “Respondent.” We work with both Petitioners and Respondents. When we work with Petitioners, we prepare a “Summons” and “Petition for Dissolution of Marriage,” which we hand deliver or serve to the Respondent. We also file these papers with the court, which initiates the divorce proceedings. Respondents receive a Summons and Petition for Dissolution. When we work with Respondents, we file and serve an Answer to the Petition on the client’s behalf.

Once the Petitioner files the Petition, the court will require the parties to attend an “initial status conference” within 42 days. The court allows the parties to address any preliminary issues or concerns during this meeting and ensure the case proceeds smoothly. The court also determines the necessity of a temporary orders hearing to address issues like temporary maintenance, child support, parenting time orders, or the use of the marital home.

Within 42 days after serving the Petition to the Respondent, the parties must exchange financial and other information, called “disclosures,” with each other. The parties may also engage in “discovery,” during which they can request additional information in writing, and ask questions of the other party under oath, called a “deposition.”

At the temporary orders hearing, the court determines temporary issues such as whether one party should pay for the other party’s and children’s support during the divorce process, or the child custody arrangement until the divorce is finalized. The parties present evidence of their income, sources of support, needs, and obligations.

In Colorado, there is a mandatory 91-day (13 weeks) waiting period between serving the Petition on the Respondent and when the court may grant the divorce. Cases often take longer than the 91-day minimum waiting period. If the parties cannot agree on all issues, the court will usually order the parties to attend a “mediation” to try to voluntarily resolve the disputed issues with the help of a mediator. If the parties cannot resolve their differences at mediation, the court will decide the disputed issues at a “permanent orders hearing.”

At the permanent orders hearing, the parties present witnesses and evidence regarding the disputed issues. Ultimately, the court decides the disputed issues based on what the court determines is most equitable or fair, and what is in the children’s best interests. After the court issues its ruling, either party may request that the court reconsider or revise some or all of its decisions. Either party may appeal the court’s ruling to the Colorado Court of Appeals or, in some instances, to the Colorado Supreme Court.

We ensure our clients meet the requirements for divorce in Colorado. If our client does not meet the standards for a divorce, we offer alternatives. For example, if a client has not lived in Colorado long enough, we’d direct that client to the proper state to pursue a divorce or to commence proceedings in Colorado after they have met the residency requirement.