Every divorce is different. Some clients come to us as they’re starting to consider separation. Others call us after being unexpectedly served divorce papers. Other people just want to understand their legal options before their partner takes action, concerned about changes in their marriage. And there are couples who’ve delayed a split but decide they can’t sustain it any longer.
Facing a divorce in Denver, especially one involving assets, children, or business interests, can keep anyone awake at night. The complexity of Colorado’s family law only adds to the stress, making it difficult to see how to come out on the other side with your finances and your family intact.
Whatever changes in your marriage bring you here, you need an experienced Denver divorce lawyer who can support you through this challenging time. Divorce law firm Halligan LLC handles complex family law matters with unwavering dedication to your best interests. Contact us today for a free consultation.
Getting a Divorce in Colorado
In Colorado, divorce is usually referred to as “dissolution of marriage.” To file for divorce in the state, at least one spouse must have lived in Colorado for at least 91 days prior to filing a petition for dissolution of marriage.
After the petition is filed and served, the respondent has 21 days to respond if they live in Colorado or 35 days if they live out of state. These response deadlines do not apply in joint dissolution cases, where both spouses file together as Petitioner and Co-Petitioner.
Colorado follows the principle of “equitable distribution” when dividing marital property in divorce cases. This means that marital assets are divided fairly, though not necessarily equally, based on what the court determines is reasonable, given the specific circumstances of each case.
When determining how to divide marital assets, Colorado courts consider key factors:
- The economic reality of each spouse at the time of the division
- The contribution of a spouse as a homemaker
- The value of each spouse’s separate property
- Any increases or decreases in this property during marriage
- Depletion of separate property for marital purposes
Division of Property in Colorado
The thought of dividing years of shared life into “yours” and “mine” often feels crushing. Whether you have easy assets to divide or a complex portfolio of investments, properties, and retirement accounts, we know there are typically emotional attachments to specific assets, from the family home to cherished collections.
Additionally, high-net-worth divorces require special attention to detail and financial understanding. Our family law firm consults experts at every stage of divorce to explore the available avenues. Here are common high-value divisions our family law attorneys see:
Additionally, our attorneys also work on cases involving businesses, trusts, retirement accounts, offshore bank accounts, royalties, deferred compensation, bonuses, inheritances, gifts, and more.
Divorces with Business Interests
A business represents not just a source of income but often years of hard work, sacrifice, and personal investment. When a business is part of a divorce, the stakes are high.
Some clients own small family businesses they’ve built from the ground up. Others hold complex ownership structures involving multiple shareholders or family members. Sometimes, spouses disagree about the value of business assets developed during marriage.
Several options exist for handling business interests in divorce. Family law attorney Gavin Halligan has years of experience serving families who share business interests in the most complex divorce cases.
Business Valuations
The valuation process considers the balance sheet, earnings, market value, and intangible assets like goodwill, customer loyalty, and brand reputation.
Determining accurate business value is critical for equitable property division, which is why we work with certified business valuators and accountants to run thorough analyses.
Spousal Maintenance (Alimony)
Spousal support (maintenance) in Colorado helps both spouses maintain a similar lifestyle after separation or divorce. Courts consider income sources beyond taxable income — including workers’ compensation, unemployment benefits, Social Security disability, and business-related reimbursements.
Maintenance orders can be temporary during proceedings or long-term after divorce, though they’re rarely permanent. Orders can be modified if circumstances change substantially.
Enforcement options include court judgments, contempt orders, and wage garnishment. Whether you want to receive spousal support or wish to modify an existing order, our family law firm can help.
Divorce Involving Children
Every divorce involving children goes through emotional challenges and parental concerns. Some parents come to us worried about maintaining strong relationships with their children while living apart. Others need help creating parenting schedules that accommodate complex work demands or special needs.
Many families struggle with communication breakdowns that affect their children’s well-being. Sometimes, relocation or new relationships create additional co-parenting complications. Here are just some common legal issues we can help with:
Child Custody
When it comes to child custody disputes, referred to as allocation of parental responsibility in Colorado, courts prioritize the best interests of the child. However, this doesn’t mean the custody process will not be contentious.
When couples cannot agree on where the child should live, who will have decision-making rights, who should pay child support, and other aspects of a child’s upbringing, the need for an experienced Denver family law attorney becomes even more pressing.
Custody Across State Lines
The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) guides child custody when a spouse lives in one state but must go through divorce litigation in a different state. Our divorce and family law attorneys have experience in multi-jurisdictional litigation for divorce and custody.
Child Support
Colorado follows the Income Shares Model to calculate child support, which considers both parents’ gross wages, the number of overnights each parent spends with the child, health insurance costs, daycare expenses, and other relevant factors. While this may seem straightforward, complications may happen when determining income and calculating parenting time accurately.
Special Divorce Situations
Senior Divorce
Most senior couples thinking about divorce have concerns about how it will impact their financial security. From the division of retirement accounts and social security benefits to the family home, senior divorce cases are deeply felt.
Senior divorce assets are typically considered marital property and subject to division. However, it’s not always a simple 50/50 split. Colorado law requires an “equitable” division of property, which means fair but not necessarily even.
LGBTQ+ Divorce
While Colorado recognizes same-sex marriage and divorce equally under the law, LGBTQ+ couples often face unique challenges during divorce proceedings. Complexities remain around property division, parental rights, and relationship timelines that predate marriage equality.
Property division becomes particularly nuanced when considering relationships that existed before legal marriage became possible. Assets acquired during commitment ceremonies or common-law partnerships may require special consideration.
Military Divorce
Divorces involving service members present distinct legal complexities under both Colorado and federal law. The Service Members Civil Relief Act (SCRA) offers protections for active-duty military members, including the ability to postpone divorce proceedings while deployed.
Custody arrangements demand special consideration when a military parent faces deployment or relocation. Colorado courts work to maintain parent-child relationships while acknowledging the unique demands of military service.
Legal Separation
Legal separation is an option for divorce that allows couples to live separately and divide their assets and debts without ending their marriage. It’s often chosen for religious reasons, insurance purposes, or as a trial run for divorce.
In Colorado, this process is similar to that of divorce. The court issues a decree of legal separation once any family law issues are settled.
However, it’s important to note that while physically separated, you’re still technically married. This means you can’t remarry unless your separation turns into a divorce.
Post-Decree Modifications
Life doesn’t stand still after a divorce decree is issued. Circumstances change—people lose jobs, get promoted, remarry, move, or experience health crises. When significant changes happen, you may need to modify your divorce agreement or parenting plan.
In Colorado, post-decree modifications can be made to child custody, parenting time, child support, and spousal maintenance orders if there has been a substantial change in circumstances. Modifications aren’t automatic; you must prove to the court that the changes are significant enough to warrant a modification, highlighting the need for a skilled attorney.
Prenuptial Agreements
A prenuptial agreement is entered into before marriage or civil partnership. It sets out how assets will be divided in the event of divorce or death. Far from being unromantic, a well-drafted prenup can provide peace of mind and clarity for both parties.
In Colorado, prenuptial agreements can cover property division and the handling of debts. However, they cannot predetermine child custody or child support arrangements. Contact our divorce attorneys to learn more.
Hidden Assets in Colorado Divorce
Colorado law requires full financial disclosure during divorce proceedings. When assets are concealed, it often takes expertise to uncover the truth—particularly in cases involving complex finances or business interests.
Common signs of hidden assets include unexplained cash withdrawals, delayed bonuses, understated business revenues, overpaid tax returns, cryptocurrency investments, and undisclosed accounts. These can significantly impact fair property division.
At Halligan LLC, we partner with forensic accountants and financial investigators to locate concealed assets through detailed financial analysis, business audits, and discovery.
The Divorce Process
Filing for Divorce
A legal divorce begins when one spouse (the petitioner) files for the dissolution of the marriage with the court, and the divorce papers are served to the other spouse (the respondent).
Response
The respondent has 21 days (if they live in Colorado) or 35 days (if they live out of state) to file a response.
Temporary Orders
Either side may request a temporary order related to child custody, child support, spousal maintenance, and property division while the divorce is in process.
Discovery
This is a documentation stage where both parties exchange financial statements, financial affidavits, and other relevant information.
Negotiation
The spouses and their divorce lawyers try to negotiate a settlement on issues like property division, child custody disputes, and spousal support. If they can agree, their attorneys submit a Separation Agreement and parenting plan to the court.
Trial
If the parties can’t agree on all issues, the divorce case goes to trial, where a judge will make the final decisions.
Final Orders
Once all issues have been resolved either through agreement or trial, the court issues a Decree of Dissolution of Marriage, and the divorce is finalized.
How Our Denver Divorce Attorneys Can Help
Divorce can be one of the most complex legal matters in family court, but you don’t have to face it alone.
We take the time to understand each divorce case, your concerns, and your goals. Our Denver divorce lawyers build a tailored strategy and fight for the best possible outcome for you.
Whether you’re dealing with a high-asset divorce, a contentious custody battle, or a lengthy division of marital assets, our Denver divorce attorneys have experience with even the most challenging cases.
We’re not afraid of a fight. We litigate when the situation calls for it. Our lead attorney, Gavin Halligan, has years of family law experience in Denver, CO. Contact our Denver office today for a free consultation.
Frequently Asked Questions about Colorado Divorces
What is the wife entitled to in a divorce in Colorado?
In Colorado, divorce laws aim to provide a fair and equitable resolution for both spouses. So, husband and wife are entitled to assets and debts acquired during the marriage, such as the family home, vehicles, retirement accounts, investments, and other valuable possessions. In addition to property division, they may be entitled to spousal maintenance (alimony).
Who has to leave the house in a divorce in Colorado?
In Colorado, there is no automatic rule that one spouse must leave the marital home once divorce proceedings begin. The decision about who stays in the house during the divorce process depends on either negotiation between the spouses or a court order if the parties cannot agree.
If both spouses agree, they can decide who will remain in the home temporarily. However, if there is conflict or disagreement, either party can request temporary orders from the court. These temporary orders can address issues such as who has the right to live in the marital residence, use of marital property, child custody, and support while the divorce is ongoing.
How can I get a quick divorce in Colorado?
While Colorado law mandates a minimum 91-day waiting period from the date the divorce petition is served before a divorce decree can be finalized, there are steps you can take to expedite the process. The quickest divorces typically occur when both spouses agree on all key issues, such as property division, child custody, child support, and spousal maintenance. Filing jointly or cooperating throughout the process can help avoid delays caused by disputes or court hearings.
What are the rules for divorce in Colorado?
Colorado state follows a no-fault divorce system, meaning that a spouse does not need to prove wrongdoing or fault by the other party to file for divorce. At least one spouse must have been a resident of the state for a minimum of 91 days prior to initiating the divorce proceedings. Colorado law requires full financial disclosure from both spouses to ensure equitable distribution of marital property.
Can I get a divorce in Colorado without a lawyer?
While it is legally possible to get a divorce in Colorado without hiring a lawyer, it is generally not recommended, especially if your case involves property division, child custody disputes, spousal support, or domestic violence concerns. Representing yourself is known as proceeding “pro se.” However, it still demands an understanding of Colorado divorce law and court procedures.
How long does it take to divorce in Colorado?
The duration of a divorce process depends on the level of conflict between the parties and the court’s schedule. In Colorado, there is a mandatory 91-day waiting period from the time the divorce petition is served until a divorce decree can be issued. However, most divorces take longer than this, especially if there is property division, child custody, or spousal maintenance involved.
How is property divided in a Colorado divorce?
Colorado follows an equitable distribution principle where marital property is allocated in a manner that is fair but not necessarily the same amount to each spouse. The court considers each spouse’s contribution to the purchase of the property, the value of the property set apart for each spouse, and the economic circumstances of each spouse at the time of division.
What factors do courts consider to determine child custody?
In Colorado, courts prioritize the best interests of the child. This includes the child’s wishes (if they’re old enough), each parent’s ability to put the child’s needs before their own, each parent’s intention to foster a relationship between the child and the other parent, and more.
Can I modify my divorce agreement after it’s signed?
Yes, post-decree modifications can be made to parenting time, child custody, support, and spousal maintenance orders if there has been a change in circumstances. However, you must prove to the court that these changes are significant enough to call for a modification.
How can a Denver divorce lawyer help with my divorce?
A skilled divorce attorney can guide you in the legal process, advocate for your rights, and help you achieve the best possible outcome for your case. Our law firm can provide legal counsel, access to experts, and representation in negotiations.
What should I know before filing for divorce in Colorado?
Colorado is a no-fault divorce state, so you don’t need to prove wrongdoing to file. The process begins with a divorce petition, and either partner must have lived in Colorado for at least 91 days before filing. Our law firm can help with filing and notification of all parties.
What if domestic violence is involved in my divorce?
Cases involving domestic violence require immediate attention to safety and legal protections. We help clients file temporary orders and emergency orders of protection so that the divorce process can continue while you and your family are safe.
What’s the difference between legal separation and divorce?
Legal separation maintains the marriage while establishing separate lives. Some couples choose this for:
- Religious reasons
- Insurance benefits
- Trial separation
- Tax considerations
We offer legal advocacy to help determine which option best serves your needs.
What is a collaborative divorce?
A collaborative divorce in Colorado is a method of resolving divorce disputes in a non-adversarial way. This approach is based on mutual respect between the parties and their lawyers to reach a settlement without going to court.
What is the difference between a contested and an uncontested divorce?
All divorces start as contested divorces. To qualify as uncontested, both spouses must sign a written agreement covering resolved legal issues. The process typically moves through the court system more quickly in such cases.
On the other hand, a contested divorce is the most common when spouses disagree on one or more significant issues such as marital estate, parenting time arrangements, support obligations, etc.
While appearing straightforward, uncontested divorces benefit from legal representation to ensure agreements protect your interests and comply with Colorado law.
