FAQ – Divorce

How long must I live in Colorado prior to filing for a divorce? 

At least one of the parties much have been domiciled in the State of Colorado for 90 days prior to filing for dissolution of marriage. Generally speaking, “domicile” means the place you call home. It is different from and more permanent than “residency.” You can have multiple residences; you can only have one domicile. 

Can I file for divorce in Colorado if my spouse is in a different state?

Yes, you can file for a divorce in Colorado if the other party is out of state as long as you have domiciled in Colorado for over 90 days.

What are the grounds for divorce in Colorado?

Colorado is a “no-fault” state, meaning that the courts will not consider either spouses’s misconduct or fault in deciding whether to grant the divorce, how to divide property or award alimony.

The only reason for divorce in Colorado is “irretrievable breakdown” of the marriage. This means that the couple cannot get along and there is no chance for reconciliation.

How is property divided when getting a divorce in Colorado?

Divorcing spouses can decide how they want to divide their property by creating a “separation agreement.” If the spouses can not come to an agreement, it will be up to a judge to decide how to divide their property. To read more about dividing property in a divorce, click here.

Can divorcing parents resolve custody issues on their own?

Yes, divorcing parents can agree to custody arrangements by working out a parenting plan. Typically, a meeting with a “mediator” is necessary to help the parents work out their parenting plan. If parents cannot agree on their parenting plan, the judge will decide.

How do courts make custody decisions?

A court primarily makes custody decisions considering what is in the child’s best interest. Custody arrangements will be based on a child’s physical, mental and emotional conditions and needs. To read more, click here.

How much will my divorce cost?

The cost of your divorce depends on several different factors. If you and your spouse agree on most issues, you will both be able to keep your legal fees down. If you find yourself disagreeing on custody or separation of your property, your attorney fees will quickly rise. We offer fixed fees for representation on divorces. To find out how much your divorce will cost, you will need to schedule an initial consultation with one of our attorneys.