Family Law FAQ
Straight answers to hard questions.
Colorado family law has its own vocabulary and its own clocks. These are the questions we hear most, answered plainly.
Do I have to prove my spouse did something wrong to get divorced?
No. Colorado is a no-fault state. The only legal ground for a dissolution of marriage is that the marriage is irretrievably broken, and one spouse saying so is enough for the court to proceed.
Fault also stays out of the money side: Colorado courts divide property without regard to marital misconduct.
How long does a divorce take in Colorado?
There are two clocks to know. First, one spouse must have lived in Colorado for at least 91 days before filing. Second, the court cannot enter a decree until at least 91 days after the other spouse is served or joins the case.
That makes 91 days the legal minimum, and most cases take longer. How much longer depends on how quickly parenting, support, and property issues get resolved.
What will my case cost?
It depends on how much the two of you can resolve by agreement, which is the honest answer any lawyer should give you. Contested hearings cost more than negotiated settlements, in money and in stress.
What we promise is transparency: fees are discussed openly at your consultation, and you will always understand what work is being done and why it is worth doing.
How do Colorado courts decide custody, and can we get a 50/50 schedule?
Colorado allocates parental responsibilities in two parts: parenting time, which is the schedule, and decision-making responsibility, which covers major choices like education and health care. Every allocation is governed by the best interests of the child.
There is no automatic presumption of any particular schedule. Equal parenting time works well for many families and courts order it regularly, but the outcome always turns on the specific children and circumstances.
How is child support calculated, and when does it end?
Colorado uses income-shares guidelines: both parents' gross incomes are combined, a basic obligation comes from the statutory schedule, and it is divided between the parents in proportion to income, with adjustments for overnights, health insurance, and child care costs.
Support generally lasts until a child turns 19, Colorado's age of emancipation for support purposes, with exceptions in both directions for situations like a child still in high school or a child with a disability.
Will maintenance (alimony) be part of my case?
Not automatically. Colorado calls spousal support maintenance, and the court first asks whether the requesting spouse genuinely needs it after the property division. Advisory guidelines suggest amounts and durations based on incomes and the length of the marriage, but judges have discretion to reach a fair result.
Some cases resolve with no maintenance at all, others with a set term. Realistic expectations on this issue early can save a case months of conflict.
Who keeps the house, and what happens to retirement accounts?
Colorado divides marital property equitably, which means fairly in light of all the circumstances, not automatically 50/50. Property either spouse brought into the marriage or received by gift or inheritance generally remains separate, though increases in its value during the marriage can be marital.
Homes, retirement accounts, and businesses each have their own valuation and division mechanics. The right answer depends on the whole financial picture, not one asset in isolation.
Do we have to go to court?
Usually not for everything, and sometimes not at all. Most Denver metro judicial districts require mediation before a contested hearing, and many families resolve every issue by agreement that a judge then approves.
When court is necessary, preparation matters. We prepare every case as if a judge will decide it, which is also the best way to reach a strong settlement.
Can parenting or support orders be changed after the case is over?
Yes, in the right circumstances. Support and maintenance can be modified when circumstances change in a substantial and continuing way. Parenting time and decision-making have their own standards, and some changes carry a higher legal bar than others.
Enforcement is also available when the other party ignores an existing order, including remedies specific to missed parenting time.
I am worried about my safety. How fast can the court act?
Quickly. A Colorado judge can issue a temporary civil protection order the same day you ask if the legal standard is met, and then holds a hearing to decide whether the order becomes permanent.
If you are in immediate danger, call 911 first. Then get legal help right away, because the permanent hearing comes fast and preparation matters.
These answers are general information about Colorado law, not legal advice about your situation. For advice you can rely on, talk with an attorney about the specifics of your case.
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