Divorce Law

Clients often have many questions. We believe information helps our clients make better decisions. Colorado law guides family law issues, like the dissolution of marriage. However, the details involved are complex.

Philip Goldberg PC offers clear guidance for family law proceedings, including divorce, legal separation, annulment, parental responsibilities, spousal support, and more.

Contact us to schedule an initial consultation.

Divorce FAQs

Colorado law refers to divorce as a dissolution of marriage.

In Colorado, either party may file for divorce. The filing party is the “Petitioner,” and the other spouse is the “Respondent.” If the spouses file jointly, they are called “Co-Petitioners.”

The Process for a dissolution of marriage follows several consistent steps:

  • Initiation of Divorce – Filing the divorce papers and serving the Respondent.
  • Initial Status Conference – A meeting required by the courts within 42 days of serving the petition.
  • Disclosures and Discovery – The parties have 42 days to exchange and file certain information and request additional information.
  • Temporary Orders – The court may hold a hearing to establish temporary arrangements for issues like parental rights and spousal support.
  • Permanent Orders – The court grants the divorce judgment covering details, like division of marital property and child custody.
  • Divorce Decree – The court grants the dissolution of marriage, ending the legal marriage.
In Colorado, the court offers three primary ways to dissolve a marriage. However, each process results in a different outcome.

  • Divorce – After the dissolution of marriage, the couple is legally divorced and no longer considered married.
  • Separation – After separation, the court divides marital property and rules on child custody and spousal maintenance. However, the couple remains legally married in the eyes of the law.
  • Annulment – An annulment declares a marriage invalid. After an annulment, the marriage no longer exists.

If you are unsure about the correct way to proceed, contact Philip Goldberg PC. As family law experts, we can discuss the requirements and benefits 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 legal residency for a minimum of 91 days.

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 a “dual property” equitable distribution state, which means the court may only divide and allocate the parties’ marital property and debt. The court may not divide or distribute a spouse’s separate property or debt, like individual inheritance or gifts, property acquired after legal separation, or property excluded by a valid agreement.

In dividing and allocating marital property and debt, the court considers all relevant factors to determine the division and allocation of the property that the court deems “just.”

The law does not require the court to divide the assets 50/50. The court may not consider marital fault or misconduct when dividing and allocating property, but it may consider a spouse’s economic fault or wrongdoing.

Colorado courts may order a parent to pay child support in cases involving divorce, legal separation, paternity, parental responsibilities, and independent support proceedings.

The court 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 care, the income of the child, any extraordinary expenses incurred for the child, and other factors.

The court uses the information to determine the amount of child support. However, the court has discretion in the final child support ruling.

No. Colorado is a no-fault state. The behavior of either spouse does not matter in the ruling for a dissolution of marriage. However, behavior may impact child custody issues where the child’s best interest determines the outcome.

The court may grant one spouse temporary or permanent maintenance from the other spouse in certain circumstances. The facts of each case determine the amount and duration of maintenance.

The purpose of alimony or spousal maintenance is to provide for the reasonable needs of the eligible spouse when that spouse lacks enough property to provide for their reasonable needs and is unable to support themselves.

The court looks at many factors to determine the amount and term of spousal maintenance. Each case is unique. We work with our clients on matters involving spousal maintenance to achieve the best outcome and protect their rights.

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 agreement of the other spouse or a court order. Even without children, we do not recommend moving out of state during the divorce process. An out-of-state move adds complexity to the proceedings. However, if you must move out of state, our legal team can guide you through the process.

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Work with An Experienced Colorado Family Law Attorney

Philip Goldberg PC is a family law attorney in Denver, Colorado, who focuses on divorce and other family law cases. He has extensive experience successfully representing clients with compassion and personalized service.

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