Contested Divorce in Colorado: What You Need to Know

Divorce is a challenging and emotional process, especially when spouses cannot agree on critical issues like property division, child custody, or alimony. This type of divorce, known as a contested divorce, often requires legal intervention to settle disagreements. At Colorado Divorce Advocates, we specialize in representing individuals going through contested divorces, providing tailored legal support to protect their interests. This comprehensive guide will walk you through the key aspects of contested divorce in Colorado, what to expect, and how we can help.

What Is a Contested Divorce?

A contested divorce occurs when both parties are unable to reach a mutual agreement on one or more aspects of their divorce. These disagreements can range from child custody arrangements to the division of marital assets and debts. Unlike an uncontested divorce, where both parties agree on all terms, a contested divorce often requires court intervention and can be a lengthy and costly process. At Colorado Divorce Advocates, we understand how difficult this process can be and are committed to guiding you through it with confidence and clarity.

The Divorce Process in Colorado

In Colorado, the divorce process begins when one spouse files a Petition for Dissolution of Marriage in the appropriate county court. The other spouse, the respondent, will be served with the petition and has 21 days (if residing in Colorado) to file a response. If the respondent does not agree with the terms outlined in the petition, the case becomes contested, and the court will step in to resolve the issues.

The court will require both parties to disclose all relevant financial information, including assets, debts, income, and expenses. This process, known as discovery, helps ensure that the court has a complete understanding of each party’s financial situation, which is crucial for determining fair settlements.

Key Issues in a Contested Divorce

1. Property Division

Colorado is an equitable distribution state, meaning that marital property will be divided fairly, but not necessarily equally. Marital property includes all assets and debts acquired during the marriage, except for gifts and inheritances received by one spouse. During a contested divorce, disagreements over who gets what can often arise. Factors such as the length of the marriage, the contributions of each spouse to the marital estate, and each party’s financial situation will be considered by the court when dividing property.

At Colorado Divorce Advocates, we work to ensure that our clients receive their fair share of marital property. We take the time to analyze financial documents, consult with experts when necessary, and build a strong case to protect your interests.

2. Child Custody and Parenting Time

One of the most emotionally charged aspects of a contested divorce is deciding on child custody and parenting time. In Colorado, the court prioritizes the best interests of the child when making custody decisions. This includes factors such as the child’s relationship with each parent, the parents’ ability to care for the child, and the child’s wishes (if they are old enough to express them).

Contested custody cases often involve disagreements over legal custody (the right to make major decisions about the child’s life, such as education and medical care) and physical custody (where the child will live). Courts in Colorado encourage joint custody arrangements whenever possible, but this is not always feasible in contentious cases.

Our attorneys at Colorado Divorce Advocates are experienced in handling complex custody disputes. We advocate for our clients to ensure that their parental rights are upheld while also seeking to create arrangements that benefit the child’s well-being.

3. Child Support

In Colorado, child support is calculated using a formula based on the Income Shares Model, which considers both parents’ incomes, the amount of time the child spends with each parent, and other factors like health insurance and childcare costs. Disputes can arise when one parent believes the other is underreporting income or when there are disagreements about the child’s needs.

At Colorado Divorce Advocates, we help our clients navigate the child support process, ensuring that calculations are fair and based on accurate financial information.

4. Spousal Support (Alimony)

Spousal support, also known as alimony, is awarded to one spouse based on financial need and the other spouse’s ability to pay. In Colorado, there are several types of spousal support, including temporary and permanent maintenance. Factors such as the length of the marriage, each party’s financial resources, and the lifestyle established during the marriage are considered when determining alimony.

Contested divorces often involve disputes over whether spousal support should be awarded and, if so, how much and for how long. Our attorneys at Colorado Divorce Advocates work diligently to ensure that our clients receive fair alimony arrangements that reflect their financial circumstances.

5. Debt Division

Debt acquired during the marriage is also subject to equitable distribution. Common debts in a divorce include mortgages, credit card debt, and car loans. Disagreements often arise over who is responsible for paying off these debts, especially if one spouse was the primary income earner.

At Colorado Divorce Advocates, we help our clients achieve fair debt division by carefully reviewing all financial documents and advocating for equitable solutions in court.

Mediation in Contested Divorces

While contested divorces often involve court intervention, mediation is a process that can help resolve disputes without the need for a full trial. In mediation, both spouses work with a neutral third party (the mediator) to negotiate a settlement. Mediation can be a faster and less costly alternative to litigation, and it allows the parties to have more control over the outcome.

Our attorneys at Colorado Divorce Advocates are skilled negotiators who often encourage mediation as a way to resolve contested divorce issues. However, if mediation is unsuccessful, we are fully prepared to represent our clients in court.

Going to Trial in a Contested Divorce

If the parties cannot reach an agreement through mediation or negotiation, the contested divorce will proceed to trial. During the trial, each party presents evidence and arguments to the judge, who will ultimately make decisions on the unresolved issues.

Going to trial can be a lengthy and expensive process, but sometimes it is the only way to achieve a fair outcome. At Colorado Divorce Advocates, we provide aggressive representation in contested divorce trials, ensuring that our clients’ rights are fully protected.

The Emotional Impact of a Contested Divorce

A contested divorce is not only financially demanding but also emotionally draining. The constant disagreements and court appearances can take a toll on both spouses and their children. It is essential to have a strong support system in place and to work with an attorney who understands the emotional challenges of divorce.

At Colorado Divorce Advocates, we take a compassionate approach to contested divorces. We provide not only legal guidance but also emotional support to help our clients navigate this difficult time.

How Colorado Divorce Advocates Can Help

At Colorado Divorce Advocates, we have extensive experience handling contested divorces. We understand the unique challenges that come with contested cases and are committed to providing personalized, aggressive representation to protect your interests. Whether you are facing disputes over property, child custody, alimony, or other issues, our team is here to help you achieve the best possible outcome.

Our attorneys are skilled negotiators and litigators who will work tirelessly to resolve your case, whether through mediation or trial. We understand that every case is different, and we tailor our approach to meet the specific needs of each client.

Conclusion

Contested divorces in Colorado can be complex and emotionally charged, but with the right legal representation, you can navigate the process successfully. At Colorado Divorce Advocates, we are dedicated to helping our clients achieve fair outcomes in contested divorce cases. From property division to child custody, we provide comprehensive legal support every step of the way. If you are facing a contested divorce, contact us today for a consultation to learn how we can help you protect your rights and your future.