FAQS

No two divorce cases are exactly alike, but many involve common issues. If you are seeking to dissolve your marriage, you will likely need to address:

• Property Division
• Child Custody / Parenting Time
• Child Support
• Spousal Maintenance

At Colorado Divorce Advocates, we understand that divorce can be overwhelming. Our team is here to answer your questions and guide you through your options.

Colorado Divorce Advocates brings two decades of experience in Colorado family law. As an experienced trial attorneys and mediators, we achieves results both inside and outside the courtroom. Whether your case is contested or uncontested, we are here to help. Contact us today to learn how we can assist you.

Once you meet Colorado’s residency requirement (typically, you or your spouse must have lived in Colorado for at least 91 consecutive days), the divorce process follows a set legal procedure. Here’s an overview:

1. File a Petition for Dissolution: The divorce process begins when one spouse files a Petition for Dissolution of Marriage with the court, or both spouses file together. Filing jointly does not provide any legal advantage, and the process remains the same.

2. Serve the Documents: If it’s not a joint petition, the spouse who filed must serve the other spouse with the divorce papers and a summons. Alternatively, the respondent can sign a waiver of service to acknowledge receipt of the documents.

3. Response to the Petition: The respondent has 21 days (or 35 days if residing outside Colorado) to file a response to the petition.

4. Meet with the Judge at the Status Conference: Around 40 days after filing, an Initial Status Conference is held. This is the first court appearance, where both spouses can ask questions and discuss unique case issues.

5. Disclose All Assets: Both parties must fully disclose their financial information, including assets and debts, to the court.

6. Receive an Order of the Court: Couples who settle their case through mediation can present a Memorandum of Understanding or a Separation Agreement to the court. The judge can approve the agreement and issue a court order.

7. Proceed to Permanent Orders Hearings: If mediation fails, the case proceeds to Permanent Orders Hearings, where the judge will hear evidence and make decisions on unresolved issues.

8. Receive a Decree of Dissolution of Marriage: The judge will issue a final Decree of Dissolution of Marriage, addressing alimony, child support, custody, property division, and any remaining points of contention.

Temporary orders can also be issued before the permanent orders hearing to address immediate needs, such as parenting decisions.

Divorce costs depend on the complexity of the case and the legal involvement needed.

• Uncontested divorces without children usually cost between $3,500 and $4,200, as they don’t involve child-related issues.
• Contested cases can cost up to $20,000, especially if significant court involvement is required.
• On average, Colorado divorces range from $9,700 to $11,800.

At Colorado Divorce Advocates, we strive to provide cost-effective legal solutions tailored to your unique situation.

The length of a divorce in Colorado depends on the specifics of the case and whether it is contested or uncontested. The fastest a divorce can be finalized is 91 days, as there is a mandatory waiting period that starts once the respondent is served with the petition. For couples who agree on the terms, the process can be relatively quick, but they still need to wait 91 days before the divorce decree is issued. Contested divorces, where there are disputes about key issues, can take much longer.

Mediation allows couples to settle their divorce outside of court. It’s a highly effective method where both parties meet with a neutral mediator to resolve issues like:

• Parenting time
• Child custody
• Property division
• Spousal support

The mediator helps guide the discussion, encouraging the couple to reach an agreement on these matters. Mediation is ideal for couples who can cooperate and are willing to work together. For those who cannot, litigation might be a better option. Mediation saves time and money and is often a less stressful alternative to court.

Divorce, legal separation, and annulment all address the end of a marriage, but they are distinct options:

• Divorce: This legally ends a marriage, and both parties lose the rights and benefits of being married.
• Legal Separation: This allows couples to live apart without formally ending the marriage. It's a middle ground for those unsure about divorcing, and the marriage can be resumed if desired.
• Annulment: An annulment declares the marriage invalid from the start, but it is harder to obtain than a divorce. Grounds for annulment include fraud, duress, incapacity, or that one spouse was already married.

It’s important to understand which option best fits your situation. Speaking with a lawyer at Colorado Divorce Advocates can help clarify which path is right for you.

Colorado follows "marital property" laws, meaning that only assets and debts acquired during the marriage are divided in a divorce. Examples of marital property include:

• Real estate
• Investments (stocks, bonds)
• Vehicles
• Personal property (including pets)

If the couple cannot agree on how to divide property, the court will divide assets equitably, which doesn’t necessarily mean equally. Factors like the length of the marriage and each spouse’s income will influence how property is divided fairly.