In order to file for divorce in Colorado, the state requires that at least one of the parties involved has been a resident of Colorado for at least 91 days prior to filing the divorce petition. This residency requirement is a crucial aspect of the divorce process in Colorado and is designed to ensure that the state has jurisdiction over the case.

Colorado follows a “no-fault’ divorce system, which means that judges do not take into account either spouse’s misconduct or fault when determining whether to grant a divorce, how to divide property, or whether to award spousal maintenance (also known as alimony). In Colorado, the only legal ground for divorce is that the marriage is “irretrievably broken,” which indicates that the couple is unable to reconcile and that there is no reasonable prospect of resolving their differences.

Under Colorado law, a marriage can be considered irretrievably broken if there is a complete breakdown of the marital relationship, which can include a lack of communication, trust, or compatibility. This legal standard is not based on any specific fault or misconduct by either spouse, such as adultery, addiction, or abuse.

It’s important to note that while fault and misconduct are not considered in a Colorado divorce, they may still have an impact on certain aspects of the proceedings, such as child custody and visitation.

Everyone wants to be careful with attorney fees, us included. Potential clients always ask our lawyers how much their case will cost. Unfortunately, we can’t provide much insight into their final bill, because there are too many factors at play. The most critical factor impacting the overall cost of a case is the degree of conflict. A client’s ability to control the degree of conflict in a family law dispute is sometimes limited. The amount of conflict is often unknown or underestimated.

Many other factors may also impact the cost of a case. Those include poor strategic planning and selecting an attorney based on factors not related to your goal. Since there are so many things impacting the cost of a case, it’s impossible for a good attorney to quote you an overall cost. We can, however, use our experience to provide you insight into how certain factors impact the average cost, as determined by the American Bar Association.

You can learn more about the cost of a divorce attorney in Colorado by visiting our fees & costs page. You may also be interested in our calculators to help you determine the costs associated with your unique case. However, for the best estimate on the cost of your case, we recommend speaking with one of our experienced Colorado divorce attorneys as they can evaluate the specifics of your case and explain what you can expect. At Modern Family Law we understand the concerns many have with regards to the cost of their case. As such, we are proud to offer our one-of-a-kind SimpleStart™ reduced retainer program to help clients with affording their representation. Learn how you can apply for a reduced retainer.

In Colorado, a divorce cannot be granted until the completion of a 91-day waiting period, which serves as a cooling-off period for the spouses to consider reconciliation. The length of the divorce process depends on the specific circumstances of the case. If the divorce is uncontested, it can usually be completed within the waiting period. However, if it’s contested, the process can take several months due to legal steps such as discovery and mediation, and possibly a trial. If the parties are unable to reach a settlement agreement, the case may go to trial, which can take over a year. It’s recommended to consult with a family law attorney to understand the specific timelines and requirements of the case.

In Colorado, courts follow the principle of “equitable distribution” when dividing marital property. This means that judges will divide assets based on what they consider fair under the circumstances of the case. (Colo. Rev. Stat. § 14-10-113(1) (2022).)

Although assigning a value to each asset is typically straightforward, dividing certain types of property can be complex. Learn more about how assets are divided in a Colorado divorce.

It is possible to make changes to an existing divorce decree in Colorado. However, the process for modifying a divorce decree can vary depending on the circumstances.

If both parties agree on the proposed changes, they can file a stipulated agreement with the court, which outlines the modifications to the existing divorce decree. Once approved by the court, the agreement becomes a legally binding court order.

If one party wishes to modify the divorce decree, but the other party does not agree, the party seeking the modification will need to file a motion with the court. The motion must outline the proposed changes and the reasons for the modification. The other party will then have an opportunity to respond to the motion. A hearing will be scheduled, and the court will consider evidence presented by both parties before making a decision. Learn more about post-decree modifications in Colorado.

Yes, Colorado is a no-fault divorce state, which means that either spouse can file for divorce without having to prove that the other spouse was at fault. The only legal requirement for obtaining a divorce in Colorado is that the marriage is irretrievably broken. This means that the spouses can no longer get along and that there’s no reasonable chance of reconciling. Learn more about the implications of no-fault divorce in Colorado.

In Colorado, an annulment is referred to as a “Declaration of Invalidity of Marriage”. It is a legal determination that the marriage never existed, often because one of the parties lacked the capacity to enter into a voluntary and conscious agreement at the time of the marriage. Practically, the outcome of an annulment and a divorce is the same in Colorado.

However, for those who wish to avoid divorce for moral, religious, or personal reasons, the legal distinction that the marriage never took place can be important. An annulment may also be sought by a party to regain benefits or payments lost upon marriage, such as spousal maintenance, social security benefits, or military medical benefits. It’s important to note that a legal annulment is distinct from a religious annulment. Learn about the grounds for an annulment in Colorado and more.

In Colorado, legal separation is a legal process by which a married couple can formalize a separation agreement, which addresses issues related to property division, spousal support, child custody, and child support. The process of legal separation is similar to divorce, but the couple remains legally married and cannot remarry unless they obtain a divorce. Learn about all aspects of legal separation in Colorado.

Collaborative divorce is a process in which couples seek to resolve their disputes without going through a court trial, often with the help of a collaborative divorce lawyer. In Colorado, collaborative divorce is becoming increasingly popular due to its many benefits, such as reduced conflict, increased privacy, and lower costs.

The collaborative divorce process is designed to be a more peaceful and cooperative way to end a marriage than a traditional litigated divorce. It typically involves a series of meetings where the parties and their attorneys work to identify and address the issues that need to be resolved, such as property division, child custody, and spousal support. Learn more about collaborative divorce in Colorado.

If you are considering divorce, it is important to take time to evaluate your situation and explore your options. Here are some steps that you can take:

1. Seek professional help: Consider seeking help from a therapist, counselor, or divorce coach who can provide guidance and support as you navigate this difficult time.

2. Consult with an attorney: If you are serious about pursuing a divorce, consult with a divorce attorney to understand the legal process, your rights, and your options.

3. Communicate with your spouse: If possible, have an open and honest conversation with your spouse about your feelings and concerns. It is important to discuss any potential issues that could arise during the divorce process, such as child custody, property division, and support payments.

4. Gather important documents: Start gathering important documents such as tax returns, bank statements, and insurance policies. These documents will be necessary during the divorce process.

5. Create a plan: Develop a plan for how you will move forward after the divorce, including financial planning and childcare arrangements if you have children.

Remember that divorce is a complex and emotional process, and it is important to take the time to make informed decisions. Seek support from friends and family, and be kind to yourself as you navigate this difficult time. Our compassionate divorce lawyers have compiled a list of their expert tips for when you are considering a divorce.

In Colorado, adoption is available in various forms, including adoption from foster care, international adoption, and private domestic adoption. Adopting a child from foster care is common in Colorado and involves adopting a child removed from their birth family due to issues like neglect or abuse. International adoption is an option for adopting a child from another country, while private domestic adoption involves adopting a child born in the United States through a private adoption agency. Private domestic adoption allows for more control over the adoption process, while international adoption can be lengthier and more costly. Learn more about child adoption in Colorado.

In Colorado, civil unions are legal relationship that provides many of the same rights and responsibilities as marriage. Civil unions were established in Colorado in 2013, following the passage of a state law allowing same-sex couples to enter into legally recognized unions.

A civil union in Colorado allows two people who are at least 18 years old to enter into a legal partnership that is similar to marriage. Couples in a civil union have many of the same legal rights and responsibilities as married couples, including:

In Colorado, a common law marriage is a legal union between two people who have not obtained a marriage license or participated in a formal ceremony, but have lived together and presented themselves as a married couple. To establish a common law marriage in Colorado, the couple must meet several requirements including:

The length of time the couple has been living together is not a determining factor in Colorado. Once a common law marriage is established, it is treated the same as a formal marriage and must be dissolved through the legal divorce process. Colorado is one of only a few states that recognize common law marriage as a legal and valid form of marriage. Learn more about common law marriage in Colorado.

Arbitration in Colorado is a legal process in which disputes are resolved outside of a traditional court setting. In an arbitration proceeding, the parties present their case to an arbitrator or a panel of arbitrators, who then make a decision on the matter.

Arbitration can be used to resolve a variety of disputes, including those that arise in the context of a divorce. In Colorado, parties can agree to use arbitration to resolve their divorce-related issues, such as child custody, child support, spousal maintenance, property division, and more.

Arbitration can offer several advantages over traditional litigation, including greater privacy, flexibility, and cost-effectiveness. Additionally, arbitration can often be a quicker process than going to court, as parties have more control over the scheduling of the proceedings. Learn more about divorce arbitration in Colorado.

A family court appeal is a legal process that allows a party to seek a review of a decision made by a lower court. The purpose of the appeal is to determine whether the initial decision contained legal errors or an abuse of discretion by the magistrate or judge. In Colorado, family law issues decided by a magistrate are appealed to a district court judge, while orders issued by a judge are appealed to the Colorado Court of Appeals. However, for an appeal to be considered, the order must be fully decided, and a final written order must be issued.

Typically, family court decisions that can be appealed include parenting time, child support, division of property, and maintenance (spousal support). However, not all decisions can be appealed, and an appellate court cannot reverse a decision simply because they would have made a different decision. Learn more about appealing a family court decision in Colorado.

Divorce mediation is a process that involves the use of a neutral third-party mediator to help a couple reach an agreement on the terms of their divorce. This process is becoming increasingly popular as an alternative to traditional divorce litigation, which can be expensive, time-consuming, and emotionally taxing. In mediation, couples work together to come up with a mutually acceptable solution to the issues that arise during a divorce, such as property division, child custody, and spousal support.

In the state of Colorado, the divorce process is governed by state law and involves a series of steps that must be followed in order to legally end a marriage. These steps include filing a petition for dissolution of marriage, serving the petition on the other party, and attending court hearings to finalize the divorce. However, divorce mediation can offer an alternative to this process, allowing couples to work through their issues outside of court in a more collaborative and less adversarial manner. Learn more about divorce mediation in Colorado.

A Motion to Enforce is a legal action filed in family court to request that the court enforce an existing order related to a family law case. These orders may include child support, spousal support, child custody, visitation, or property division. When a court order is violated, a Motion to Enforce can be filed to ensure compliance and seek the necessary remedy. The purpose of a Motion to Enforce is to hold the violating party accountable for their actions and to enforce the court’s orders, ultimately ensuring that the best interests of the parties and any children involved are protected.

A Motion to Enforce may be necessary in situations where one party is not following a court order. For example, if one parent is not following a child custody or visitation order, the other parent may file a Motion to Enforce to ensure that the order is enforced. Learn more about motions to enforce.

The length of a protective order in Colorado depends on the specific circumstances of the case. Generally, a protective order can last for up to one year, but the court may extend the order for a longer period of time if necessary to protect the victim.

In cases where the victim is in immediate danger of harm, the court can issue an emergency protective order that is effective immediately and lasts for up to 72 hours. After the emergency protective order expires, the victim can request a temporary restraining order, which can last for up to 14 days. If the victim needs protection beyond the 14-day period, the court can issue a permanent protective order for up to one year.

It is important to note that a protective order can be modified or terminated by the court if the circumstances of the case change. For example, if the victim and the abuser reconcile or the abuser demonstrates that they are no longer a threat to the victim, the court may modify or terminate the protective order.

If you have been the victim of domestic violence and need protection, it is important to seek the assistance of a qualified domestic violence lawyer who can help you obtain a protective order and take steps to ensure your safety.

Domestic violence can impact Colorado divorce proceedings in several ways. One of the most significant impacts is on child custody. If one spouse has a history of violent behavior, they are less likely to get custody of their children. In some cases, they may only be allowed supervised visits or visits in public places. In extreme cases, the judge may prohibit visitation altogether to ensure the child’s safety.

The division of marital assets is another area where domestic violence can come into play. The court usually considers a spouse’s behavior during the marriage when dividing assets. If one spouse was a victim of domestic violence, they may receive a larger share of the marital assets. This can also apply when domestic violence involved economic or financial abuse. For example, if the abuser prevented the victim from working or caused them to lose their job, the victim may be awarded a greater share of the assets.

Maintenance or spousal support is also affected by domestic violence. If the victim was financially dependent on the abuser, the court may grant higher alimony to ensure the victim’s financial stability following the divorce. The court considers the nature of the domestic violence involved, including economic and financial abuse, when making this determination. Learn more about the impact of domestic violence on a Colorado divorce.

It is rare for someone to request an adoption annulment, but Colorado law permits the final adoption decree to be contested within 91 days of its issuance. The adopted child, biological parents, and adoptive parents are all eligible to seek an annulment. Learn about the circumstances in which revocation of adoption may be possible in Colorado.

In Colorado, if your child support order was issued in the state, typically child support ends when the child reaches the age of 19 upon emancipation. However, if the child is still pursuing a high school education or an equivalent program, child support continues until the end of the month after graduation, but not beyond the age of 21. If you have questions about your child support agreement speak to one of our Colorado family lawyers today!

According to Colorado child support law, COL. REV. STAT. §14-10-115, the amount of child support owed is calculated by applying a percentage (roughly 20% for one child and an additional 10% for each additional child) of the parents’ combined gross income to their child’s needs. It is then split between both parents, if financially feasible, according to their financial resources and needs.

The formula uses the gross incomes of both parents to establish a basic child support obligation, then divides the obligation between the parents according to their shared total parental income.

A parent who does not work at all or only part-time can have their earning potential imputed upon them by the court. This means the court can estimate what a parent could earn if he or she worked full-time. Parents who are full-time students working toward a degree or certificate, or parents caring for a young child less than 30 months old, may not be imputed with earnings. You can get an estimate of what your child support payments may look like by using our child support calculator or for a better idea speak to one of our experienced attorneys.

The Colorado Family Support Registry processes all child support and maintenance payments. Family Support Registry accounts are automatically set up. You’ll receive a letter containing a unique FSR account number that will be used to process your payments. Family Support Registry keeps an accurate legal record of all Colorado child support payments and provides customer service if you have any questions or problems paying.

• Electronic Check
• Mailed Checks and Money Orders
• Pay-by-Phone
• Credit & Debit Cards (Service fees apply)
• PayNearMe at 7-Eleven (Print payslip here)
• MoneyGram

You can learn more about these payment options on the FSR website.

In Colorado, the court can issue a judgment against individuals who fail to pay child support. Such failure may lead to a finding of contempt of court, potentially resulting which could lead to a fine and/or imprisonment, as determined by the court. Moreover, non-payment of child support may result in the denial of a passport application, suspension of a driver’s license, or professional license suspension.

Child support arrears do not disappear over time. Failure to pay child support will result in the creation of a balance that will remain outstanding until it is fully paid off. Interest charges may also be added to this balance.

In situations where a parent obligated to pay child support fails to fulfill the order entirely or partially, the Child Support Services (CSS) Program will take steps to enforce the order. This may involve court proceedings as well as administrative actions that can be implemented without formal court involvement.

Child Support Services possesses the power to garnish wages when a person fails to pay child support. The garnishment can either be a continuing deduction or a one-time occurrence. If necessary, CSS can seek a Writ of Garnishment from the court to deduct up to 65% of an individual’s disposable earnings to fulfill their child support obligations. Alternatively, a one-time garnishment can be utilized to seize non-wage personal assets like a bank account.

Furthermore, CSS has the ability to intercept income tax refunds, unemployment compensation, workers’ compensation benefits, and lottery winnings as additional measures to collect unpaid child support.

Modifications to an existing child support order in Colorado will only be considered by the court if there has been a significant and ongoing change in circumstances that warrants such an alteration. Typically, this change must result in a minimum of ten percent deviation from the existing support obligation.

Some examples of circumstances that may necessitate a modification include:

• A parent experiences a substantial change in income that is anticipated to continue.
• A parent is laid off or terminated from their job, cannot secure similar employment, and is unable to fulfill their payment obligations.
• If the child develops new healthcare needs, the child support may require modification to account for additional medical expenses.
• If a child has special educational needs, the original agreement may need to be adjusted to meet those needs.
• If one of the children becomes emancipated and is no longer subject to a support order.
• If the maintenance obligation between the parties is altered or terminated.
• If there is a significant and continuing change in the work or school-related child care costs that either parent incurs.
• A court-ordered, agreed-upon, or voluntary change in parenting time.

Speak with one of our experienced Colorado family lawyers today if you have questions concerning a child support modification.

Child support, in addition to each parent’s contribution to daily expenses during their respective parenting time, is designed to cover the majority of the expenses incurred by the receiving parent in raising the child. These expenses include basic necessities such as food, clothing, toiletries, and other essentials. Significant and exceptional expenses are generally divided between the parties based on the proportion of their combined monthly incomes.

Child support is a frequent source of conflict between divorced parents. The parent who pays may feel that the money is not being utilized for the benefit of their children, while the parent who receives it may believe that it is insufficient to cover the actual costs of raising a child.

Typically, the parent who receives child support has discretion over how the money is spent. The paying parent may request that the court mandate the receiving parent to account for the expenditure of the funds, but such orders are infrequent, and the court may require the requesting parent to cover the cost of such accounting, even if it is granted.

Child support payments are not taxable to the parent who receives them. This means that the parent does not need to report child support as income on their tax return, nor are they required to pay taxes on it. This is true regardless of whether the parent receives the support payments pursuant to a court order or through an informal agreement with the other parent.

On the other hand, child support payments are not tax-deductible for the parent who pays them. This means that the parent cannot claim the child support payments as a deduction on their tax return. This is true even if the parent is ordered by a court to make the payments.

If you are experiencing financial difficulties and are unable to meet your court-ordered child support obligations, it may be possible to seek relief by petitioning the court. In cases where a parent who owes child support is unemployed, the court may order the parent to pay support in accordance with a plan approved by the court. Alternatively, the court may require the parent to participate in work activities, such as community service or vocational training, to help them find gainful employment.

It is important to note that failure to comply with a court-ordered child support plan or work activities can result in serious consequences, including enforcement actions and even incarceration. Therefore, it is crucial to take prompt action and work with the court to find a solution that meets the needs of both the parent and the child.

As per Section 14-10-114(d), C.RS, in a divorce case in Colorado, the judge must determine that a person:

• Does not possess adequate property, including marital assets distributed to them, to cater to their reasonable requirements, and
• Cannot sustain themselves through suitable employment or is the primary caregiver for a child with a condition or circumstances that make it unsuitable for them to be obligated to seek work outside the home.

According to Section 14-10-114(C)(4), C.R.S., the court must take into account various relevant factors, which may include, but are not limited to:

• Financial resources of both the payer and recipient spouse,
• The standard of living that existed during the marriage,
• How the marital property was distributed,
• The income, employment, and employability of both parties,
• The spouses’ earnings history,
• How long the marriage lasted,
• The temporary maintenance amount,
• The age and health of both parties, and
• Any significant economic or non-economic contributions made during the marriage.

Spousal support orders, much like child support, may be altered in the future if necessary. In evaluating petitions for modification, the courts will consider if the grounds for the change are substantial and enduring enough to justify the adjustment.

Some typical reasons that may necessitate a modification of a spousal support order include:

• The obligated spouse has become unemployed or experienced a substantial decrease in income
• The obligated spouse has additional children or dependents to support
• The financial situation of the recipient spouse has changed
• The recipient spouse has remarried.

As per Section 14-10-122, C.R.S., the court can only issue an order modifying a maintenance/alimony order if the judge determines that there has been a significant and ongoing change that renders the original order unjust.

Maintenance payments made before December 31, 2018, were tax-deductible for the payer and taxable income for the recipient. However, maintenance orders issued after December 31, 2018, are not tax-deductible for the payer and are not considered taxable income for the recipient.

Reach out to one of our experienced Colorado divorce lawyers today if you have questions about filing for a spousal maintenance modification.

If your former spouse fails to pay court-ordered spousal maintenance in Colorado, you may seek legal action. One option is to pursue a contempt of court charge against them. Contempt of court is a legal action taken against an individual who has failed to comply with a court order.

If you choose to pursue contempt of court, the court will review the case and determine if the non-paying spouse is in violation of the spousal maintenance order. If found guilty, the non-paying spouse may be required to pay a fine or they may be sentenced to jail time.

Additionally, the court may choose to garnish the non-paying spouse’s wages or take other steps to collect the unpaid maintenance, such as seizing their tax refund.

If you are facing an issue where your ex isn’t making spousal maintenance payments you should speak to one of our Colorado divorce attorneys to review your options.

In Colorado, judges may order one spouse to pay temporary spousal maintenance while the divorce proceedings are ongoing. During this period, the judge will consider the factors that are relevant for both short-term and longer-term maintenance awards, as outlined in the guidelines.

Once the judge has determined the amount of temporary maintenance required, as well as any temporary child support, they will examine the financial resources of each party to determine how family debts will be paid during the divorce. The judge will also make decisions regarding the temporary allocation of marital property. This means that a spouse may be required to contribute to expenses such as house or car payments in addition to any temporary spousal maintenance award.

The length of time for which the temporary maintenance will be awarded is at the discretion of the judge.

In the absence of a written agreement between the parties stating otherwise, the obligation to pay spousal maintenance will terminate in the following circumstances:

• The death of either party
• The expiration of the end date specified in the spousal maintenance order
• The remarriage or entry into a civil union by the party receiving maintenance
• A court order terminating maintenance is entered.

If the parties can come to an agreement, they can determine the terms of support, including the frequency and method of payments. However, if an agreement cannot be reached, the court will intervene and make a decision. In most cases, periodic payments – typically on a monthly basis – are considered appropriate. The court may order that maintenance be paid directly to the spouse, or it can direct the paying spouse’s employer to withhold the award from the employee’s paycheck through an income withholding order.

In certain circumstances, the court may allow the paying spouse to make a lump-sum payment with property or cash if they are capable of doing so. The advantage of a lump-sum payment is that it eliminates the ongoing obligation to pay monthly support, and the recipient does not need to worry about the possibility of non-payment in the future.

Yes, upon remarriage spousal maintenance will no longer be awarded to the spouse receiving the payments.