Divorce can be one of the most challenging experiences in a person’s life, both emotionally and legally. If you are considering a divorce in Colorado, understanding the process is crucial to ensuring that your rights and interests are protected. As experienced Denver family lawyers, we at Baker Law Group are committed to guiding our clients through each step of the divorce process with clarity and legal precision.

This step-by-step guide outlines the Colorado divorce process in 2024, covering filing requirements, property division, child custody, and other essential considerations.
________________________________________

Step 1: Determine If You Meet the Residency Requirements
Before filing for divorce in Colorado, at least one spouse must have lived in the state for at least 91 days prior to filing, as outlined in C.R.S. § 14-10-106. This requirement ensures that Colorado courts have jurisdiction over your case. If children are involved, they must have resided in Colorado for at least 182 days before the court can make custody decisions.
________________________________________

Step 2: Choose the Right Type of Divorce
Colorado is a no-fault divorce state, meaning that neither spouse has to prove wrongdoing. The only required legal ground for divorce is that the marriage is “irretrievably broken.” There are two primary types of divorce proceedings:

• Uncontested Divorce – Both spouses agree on all key issues (e.g., property division, child custody, support). This type of divorce is typically faster and less expensive.

• Contested Divorce – The spouses disagree on one or more issues, requiring court intervention to resolve disputes.

A Denver family lawyer can help determine the best approach based on your situation.
________________________________________

Step 3: File the Petition for Dissolution of Marriage
To initiate the divorce process, one spouse (the petitioner) must file a Petition for Dissolution of Marriage in the district court of the county where either spouse resides. The required forms can be obtained from the Colorado Judicial Branch website or directly from the courthouse.

After filing, the petition must be served to the other spouse (the respondent), who then has 21 days (or 35 days if served outside Colorado) to respond. If the respondent fails to reply, the court may grant a default judgment in favor of the petitioner.
________________________________________

Step 4: Financial Disclosures and Asset Division
Both spouses must complete Sworn Financial Statements, providing full disclosure of income, debts, and assets, as required by C.R.S. § 14-10-108. This transparency ensures that the division of marital property is fair.

Colorado follows equitable distribution laws (C.R.S. § 14-10-113), meaning that assets and debts acquired during the marriage are divided fairly, though not necessarily equally. The court considers factors such as:

• Each spouse’s financial contributions
• The value of separate property brought into the marriage
• The economic circumstances of each spouse after divorce

A Denver family lawyer can help negotiate a fair settlement or litigate property disputes in court.
________________________________________

Step 5: Child Custody and Parenting Plans
If children are involved, Colorado courts prioritize the best interests of the child when determining parental responsibilities (custody) under C.R.S. § 14-10-124. The court will consider:

• Each parent’s ability to provide a stable environment
• The child’s relationship with both parents
• Any history of domestic violence or substance abuse

Parents must submit a Parenting Plan, outlining parenting time, decision-making responsibilities, and holiday schedules. If an agreement cannot be reached, the court will decide on a custody arrangement.
________________________________________

Step 6: Child Support and Spousal Maintenance

Child Support
Colorado follows child support guidelines based on parental income, parenting time, and the child's needs (C.R.S. § 14-10-115). The court calculates support using a formula that considers each parent's earnings, childcare costs, and medical expenses.

Spousal Maintenance (Alimony)
Spousal maintenance may be awarded based on the financial need of one spouse and the ability of the other to pay, as outlined in C.R.S. § 14-10-114. Courts consider factors such as:

• The duration of the marriage
• The earning potential of both spouses
• The standard of living established during the marriage

Alimony can be temporary or long-term, depending on the circumstances.
________________________________________

Step 7: Mediation and Settlement Negotiations
Before going to trial, Colorado courts require mediation in most contested divorce cases. Mediation allows spouses to negotiate and settle issues with the help of a neutral third party. Many divorcing couples resolve their disputes in mediation, saving time and legal costs.

If a settlement is reached, the terms are submitted to the court for approval.
________________________________________

Step 8: Finalizing the Divorce
Even if both parties agree on all terms, a Colorado divorce cannot be finalized until at least 91 days after the filing date, per C.R.S. § 14-10-106(1)(a)(III).

If the case is uncontested, the judge reviews the agreement and issues a Decree of Dissolution of Marriage. In contested cases, the court may hold a final hearing, where both parties present evidence, and the judge makes a final ruling.

Once the decree is signed, the marriage is legally dissolved.
________________________________________

Why Hire a Denver Family Lawyer for Your Divorce?
While some divorces are straightforward, many involve complex financial matters, child custody disputes, or contested property division. A Denver family lawyer from Baker Law Group can:

• Ensure compliance with Colorado divorce laws
• Advocate for your financial and parental rights
• Negotiate fair settlements to avoid lengthy court battles
• Represent you in court if necessary

Divorce is a life-changing event, and having an experienced legal advocate can provide clarity and peace of mind.
________________________________________

Contact a Denver Family Lawyer Today
If you’re considering divorce, don’t navigate the process alone. Baker Law Group is here to provide experienced legal counsel, ensuring your rights and future are protected.

Call us today or schedule a consultation online to speak with a trusted Denver family lawyer about your case. Let us help you take the first step toward a new chapter in life with confidence.