Frequently Asked Questions About Divorce in Denver and Colorado

In Colorado, the court offers three main legal paths for ending or redefining a marriage. A divorce (dissolution of marriage) legally ends the union, while a legal separation allows couples to divide assets and make custody arrangements but remain legally married. An annulment declares that the marriage was never valid in the first place. A Denver divorce attorney can help you understand which option best fits your needs.

A legal separation resolves property, debt, custody, and support issues, but spouses remain married under the law. A divorce legally dissolves the marriage entirely. Some couples choose separation instead of divorce for religious, financial, or personal reasons. Your divorce lawyer can help you decide which approach best suits your situation.

Colorado is a no-fault divorce state, meaning the court does not consider marital misconduct when dividing assets or entering a divorce decree. However, it may be considered an economic fault, such as one spouse hiding or misusing marital assets. A knowledgeable family law attorney can help ensure that financial fairness is upheld in your case.

Colorado recognizes only one legal ground for divorce — that the marriage is irretrievably broken. No proof of wrongdoing or fault is required. A Denver divorce attorney can help you file under this standard and guide you through the process efficiently.

Divorce laws vary by state, and local court procedures can significantly affect your outcome. Working with a Denver divorce attorney ensures you have an advocate who understands Colorado statutes, Denver County court processes, and local judges’ preferences. This insight helps streamline your case and protect your rights from start to finish.

At least one spouse must have lived in Colorado for 90 consecutive days before filing for divorce. If you reside in Denver, your case will typically be handled by the Denver County District Court. A local family law firm can confirm your eligibility and help file your petition correctly.

You do not need to live specifically in Denver, but you or your spouse must meet the 90-day residency rule for Colorado. Cases are filed in the county where you or your spouse reside. Choosing a divorce attorney in Denver offers the advantage of working with someone familiar with local courts, judges, and mediators.

The Colorado divorce process generally includes:

  1. Filing the Petition for Dissolution and serving your spouse.
  2. Initial Status Conference within 42 days.
  3. Financial Disclosures exchanged within 42 days.
  4. Temporary Orders hearing, if needed for custody or support.
  5. Mediation to resolve disputes outside of court.
  6. Permanent Orders hearing for final decisions.

Decree of Dissolution of Marriage — finalizing the divorce.
 A Denver divorce attorney guides you through each step, ensuring deadlines are met and your rights are protected.

Yes, most Colorado counties, including Denver, require mediation before trial if there are disputes over custody, property, or support. Mediation allows couples to resolve issues privately and cost-effectively. Even when not required, your family law attorney can represent your interests and help you reach a fair agreement.

You can still obtain a divorce even if your spouse refuses to participate. Colorado law allows one spouse to move forward once proper notice is served. A Denver divorce attorney ensures your case progresses smoothly and prevents unnecessary delays.

Colorado requires a mandatory 91-day waiting period after filing before a divorce can be finalized. However, most divorces take 6 to 12 months, depending on case complexity, whether children are involved, and court scheduling. An experienced Denver divorce lawyer helps keep your case on track and minimizes avoidable delays.

Colorado follows equitable distribution, meaning property is divided fairly, though not always equally. Marital assets include income, real estate, retirement accounts, and business interests. Separate property (owned before marriage or received as an inheritance) typically remains with the original owner. Your family law attorney works to protect your financial interests and ensure a fair division of assets.

Spousal maintenance, or alimony, may be temporary or long-term depending on income, financial needs, and length of marriage. The court uses state guidelines to calculate payments but has discretion to adjust based on circumstances. A Denver divorce attorney can help negotiate terms that reflect your financial reality and secure a fair outcome.

Child support is calculated using each parent’s income, time spent with the child, and additional expenses such as health insurance or daycare. The court’s goal is to ensure the child’s financial needs are met. A Denver family law firm can help you understand the formula, prepare accurate disclosures, and advocate for a fair support arrangement.

If children are involved, you generally cannot relocate out of state without the other parent’s consent or a court order. Moving without approval could harm your custody case. Consult your divorce attorney before making relocation plans to ensure compliance with Colorado law and protect your parental rights.

The cost of hiring a divorce attorney in Colorado varies depending on the complexity of your case, the issues involved, and whether your matter settles or proceeds to trial. Philip Goldberg PC charges only for work that actively advances your case. Schedule a consultation to discuss our fee structure and how we can help you plan accordingly.