Colorado divorce lawyers in Denver

Every divorce starts with filing a Petition for Dissolution of Marriage by a person who has lived in Colorado for at least 91 days. Unless it is a Co-Petition, it must be served on the other person unless service is waived.  This filing officially opens the case and gives the court authority to address issues such as property, finances, and children.

Once the Petition for divorce is filed, a temporary injunction automatically goes into effect that prevents either party from transferring, selling or hiding marital property, removing a child from Colorado or removing a party or child from insurance or beneficiary designations. This injunction is designed to preserve stability during the divorce process and applies to both parties.

An Initial Status Conference (ISC) typically occurs about 42 days after filing. It is a brief, non-evidentiary meeting with the court to discuss the status of the case and scheduling. Testimony and evidence are generally not presented.

Yes. Both parties are required to exchange mandatory financial disclosures. In a divorce, both parties owe each other a duty to provide complete financial information. These disclosures provide detailed financial information to allow fair decisions regarding the division of property and debt, as well as support whether by agreement or by court order. Failure to provide complete information risks reopening the case.

Mediation is a confidential process in which a neutral third party helps parties work toward resolving disputed issues outside of court. The mediator does not make decisions for the parties but facilitates discussion and negotiation. They are not allowed to give legal advice but are able to dispense legal information.  Most courts require mediation before a divorce can proceed to trial, unless the parties have already come to a full agreement

It means that the Court is not going to divide your property or support based on fault, such as infidelity.  In extreme circumstances, the Court may consider economic fault.

While separate property remains separate, any appreciation in value during the marriage is marital. However, placing property in joint title during the marriage is a presumed gift to the marriage absent clear and convincing proof otherwise.

It will take at least 91 days by law. How long your case takes to be final depends on whether you reach agreement on your own or through mediation. High conflict or extensive litigation can significantly extend the timeline.

If issues are not resolved through agreement or mediation, the court will schedule a Permanent Orders Hearing. At that hearing, the court hears evidence and testimony and makes final decisions on unresolved issues.

Yes. An experienced Colorado divorce attorney can help clients understand their options, evaluate best and worst case outcomes, prepare for mediation, and avoid unnecessary litigation when possible.

Divorce involves legal, financial, and emotional considerations. Having clear guidance can make the process more manageable and help protect your interests.

If you are considering divorce or are already involved in a Colorado divorce case, the attorneys at Searcy Friedman Law can provide thoughtful guidance tailored to your situation.

Contact us to schedule a consultation and learn how we can support you through every stage of the divorce process.

Colorado recognizes common law marriage. A party claiming a common law marriage must prove a mutual agreement to be married and living as married or publicly holding themselves out as married. This is proven by the totality of the circumstances but does not depend alone on how long they lived together.

Colorado does not use the term custody, but parental responsibilities consisting of parenting time, decision making and support.  Most of the time, both parents have parenting time with the children.  Sometimes, the court will allow one parent to solely make parenting decisions.

All property accumulated during the marriage is valued and equitably divided by the court, absent a written agreement.  Separate property is set aside with any increases in value during the marriage included in marital property.  Equitable does not necessarily mean equal, although that is a common outcome.

In Colorado, alimony is called spousal maintenance and is determined based on need and the length of the marriage.  For marriages over three years, the law provides a calculation that the court is not bound to follow.  Instead, the court looks at many factors to decide whether one spouse has a need and whether the other spouse is able to assist with that need.

You can only ask for parental responsibilities for another person’s child if that child has lived with you for at least six months within 6 months of filing for custody or if the child is not in either parent’s care.

If there are parenting time orders in place and something happens that places your child in imminent danger, you can file an Emergency Motion to Restrict Parenting Time, which takes effect upon filing if imminent danger is alleged.  A hearing will take place within 14 days to determine if parenting time should remain restricted.

The courts determine parenting issues based on either emergency jurisdiction or, more commonly, home state jurisdiction, meaning that the child lives in Colorado and has lived in Colorado for the past 180 days.

To obtain parenting orders where there is no marriage, a parent files a Petition for Allocation of Parental Responsibilities, which is personally served on the other parent.

Child support in Colorado is calculated using guidelines that consider several factors, including both parents’ gross, before-tax income, the number of children, parenting time, health insurance costs, and certain child-related expenses. The guidelines are designed to create consistency, but the final amount depends on the specific facts of each case.

If a parent is voluntarily unemployed or underemployed, the court may consider that parent’s earning ability and base child support on that ability. The Court will consider factors such as work history, education, health, and the circumstances of the case. A parent who is the primary caregiver of a child younger than 24 months is generally not considered underemployed.

Child support can change based on changed circumstances. Informal agreements are generally not enforceable, so it is important to file any agreement with the Court for approval.

Generally, no. Once child support is paid, the receiving parent may use the funds as needed and are presumed to use the funds for the child. Child support is intended to contribute to the overall costs of raising a child, including housing, utilities, food, clothing, and other necessities, rather than to reimburse specific expenses.