Divorce FAQs

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Divorce FAQs

In Colorado, either party may file for divorce. The filing party is the “Pefifioner,” and the other is the “Respondent.” If the spouses file jointly, they are “Co-Pefifioners.” The divorce process includes the following steps:

  • Initiation of Divorce – Filing the petition for divorce in court and serving the other spouse.
  • Initial Status Conference – A meeting with the judge or family court facilitator within 42 days of serving the petition.
  • Disclosures – The parties have 42 days to exchange and file financial information.
  • Temporary Orders – The court may hold a hearing to enter temporary orders on issues such as temporary parental rights and spousal support.
  • Mediation – the parties meet with a mediator to try to amicably resolve any disputed issues.
  • Permanent Orders – The court may hold a hearing to enter final orders on all issues including division of marital property and debts, child custody, and spousal support.
  • Divorce Decree – The court enters the Decree of Dissolution of Marriage which legally dissolves the marriage.

In Colorado, the court offers several primary ways to dissolve a marriage. Each process results in a legally different outcome.

  • Divorce – After the dissolution of marriage, the couple is legally divorced.
  • Separation – After legal separation, the court divides marital property and debts, determines child custody, and determines spousal maintenance. However, the couple remains legally married under the law.
  • Annulment – An annulment declares the marriage invalid from the start. After an annulment, the marriage never existed under the law.

If you are unsure about which option is best for you, contact Philip Goldberg PC. We will walk you through the requirements, benefits, and downsides of each type of proceeding to help you make an informed decision.

To file for a divorce in Colorado, at least one spouse must have resided in Colorado for a minimum of 91 days immediately before filing for divorce.

Colorado is a no-fault state, meaning neither party must establish fault to seek a divorce. The only “ground” required is one party’s belief that the marriage is “irretrievably broken.” Colorado does not provide different procedures for an “uncontested” divorce vs. a “contested” divorce. A dissolution of marriage proceeding follows the same process regardless of the party’s reasons for filing for divorce.

Colorado is an equitable distribution state, which means the court allocates the party’s marital property and debt equitably. Subject to important exceptions, the court may not allocate a spouse’s separate “non-marital” property or debt, such as premarital property, inheritance or gifts received by one spouse, property acquired after a legal separation, or property excluded from allocation by a valid marital agreement.

Colorado law does not require the court to equally allocate the marital assets and debts. The court may not consider marital fault or misconduct when allocating assets and debts, but in some circumstances, it may consider a spouse’s economic fault.

Colorado courts may order a parent to pay child support to the other parent in cases involving divorce, legal separation, paternity, parental responsibilities, and independent support proceedings. The court usually determines the amount of monthly support based on a formula that considers each parent’s gross monthly income, time with the child, child care costs, the cost of the child’s health insurance, the income of the child, any extraordinary expenses incurred for the child, and other factors. However, the court always has discretion in determining the final child support award based on the specific circumstances of each case.

The court may not consider marital fault or misconduct when dividing and allocating property and entering a divorce decree, but in some circumstances, it may consider a spouse’s economic fault or wrongdoing.

In certain circumstances, the court may award one spouse temporary or permanent maintenance. The facts of each case determine the amount and duration of maintenance. The purpose of spousal maintenance is to help provide for the reasonable needs of the recipient spouse when that spouse lacks sufficient property to provide for their reasonable needs and is unable to support themselves through appropriate employment. The court weighs many factors in determining the amount and term of spousal maintenance.

Each case is unique. We guide our clients on all aspects of spousal maintenance to help ensure the best possible outcome.

The law requires a mandatory 91-day or 13 week waiting period between serving the petition and granting the dissolution of marriage. In many cases, the divorce process takes longer depending on the specifics of the case.

The Petitioner may file for divorce even if the Respondent does not want the divorce.

If you have children of the marriage, you may not move out of state with the children during the divorce process without the agreement of the other spouse or a court order. If you do not have children from the marriage and you wish to relocate, we will analyze the specific factors of your case and advise you of your options.

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The attorneys at Philip Goldberg PC are experienced family law attorneys in Denver, Colorado, who focus exclusively on divorce and other family law issues. Our team approaches each client with the care and personalized affection they deserve.