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DIVORCE IN DENVER

Colorado is a no-fault divorce state, which means spouses aren’t allowed to allege a fault-based ground, such as adultery or abandonment, as the reason for their divorce. Continue reading for more information about the cost, rules, and process of divorce Denver and Colorado.

How Much Does Divorce Cost in Denver?

The cost of divorce varies widely depending on the specific circumstances of each case. Divorce costs typically include court fees, attorney’s fees, mediator’s fees, and fees for divorce experts, such as custody evaluators, appraisers, and CPAs.

If you have a simple divorce—without assets, minor children, or alimony—your total cost will likely be on the low end. But if you have a complex case, or if you and your spouse disagree on any of your divorce-related issues and end up hiring attorneys or going to trial, your overall costs and legal fees will increase substantially.

In Colorado, the average cost of divorce is $14,500, which includes $11,400 in attorney’s fees. Across all states, attorney’s fees represent the biggest chunk of total divorce costs. Divorce attorneys charge by the hour, and their hourly rate depends on experience and location. In Colorado, the average hourly fee is $270, but this average will be higher in larger metropolitan areas like Denver, which means the total cost of divorce will be higher there too.

What Is the Divorce Process?

The basic divorce process is the same in all states, although sometimes other issues, such as the correct jurisdiction or whether a prenuptial agreement is valid must be decided before the case can move forward.

Generally, the first step is to file a divorce petition with your local family law court. In the petition, you will include information about you, your spouse, and any minor children. You will also let the court know what sort of relief you’re requesting, such as sole or joint custody, or alimony. After your spouse receives a copy of the petition and files an answer, the case can move forward.

Spouses then exchange mandatory financial disclosures, with information about each spouse’s income, expenses, assets, and debts. Once this is received, the couple can try to reach agreements on all divorce-related issues, including property and debt division, alimony, child support, and child custody. Some couples can do this on their own, while others prefer to hire a mediator and/or individual attorneys to help them negotiate their terms and understand their legal rights and responsibilities.

If the spouses can resolve all of their issues, the next step is to memorialize their agreements in a divorce settlement agreement. It’s best to ask individual attorneys to review the agreement for fairness and accuracy before you sign it. You then submit the signed agreement to the court for review. Once approved, a judge can issue the final divorce decree terminating the marriage.

If the spouses need more information, they can engage in formal divorce discovery, where they (or their attorneys) request information through document requests or subpoenas. If the couple can’t settle their disagreements, they’ll end up in court—at a hearing or going through a divorce trial—so the judge can make divorce-related decisions for them.

If the spouses need more information, they can engage in formal divorce discovery, where they (or their attorneys) request information through document requests or subpoenas. If the couple can’t settle their disagreements, they’ll end up in court—at a hearing or going through a divorce trial—so the judge can make divorce-related decisions for them.

Divorce vs. Legal Separation

A legal separation is very similar to a divorce in that the spouses want to live separate and apart and will need to make decisions about child support, custody, spousal support, and property division.

In Colorado, one spouse must file a formal petition for legal separation with the local family law court. The couple will prepare a settlement agreement for the court’s review and approval, or they may end up in court asking a judge to decide any contested issues. The only difference is that at the end of a legal separation process, the spouses are still legally married to one another, and they can’t remarry unless and until they obtain a divorce.

What Is an Uncontested Divorce?

Uncontested divorce procedures vary from state to state. In Colorado, an uncontested divorce is referred to as a “decree upon affidavit,” which means that the court can grant your divorce after you submit an affidavit, rather than you showing up in court for a hearing.

You can request a decree upon affidavit if you meet all the following requirements:

• you or your spouse has lived in Colorado for more than 90 days
• you have no marital property, or you’ve signed a separation agreement that spells out how you will divide your property
• you and your spouse agree your marriage is irretrievably broken
• you and your spouse have no minor children, and neither spouse is pregnant, or
• if you have minor children, you and your spouse have signed a separation agreement that sufficiently provides for child custody, visitation, and child support, and
• you served your spouse with the affidavit according to Colorado state law.

Many couples can complete their own uncontested divorce, but it’s usually a good idea to check with a local family law attorney to make sure you meet the requirements before filing. You may also want to ask an attorney to review your settlement agreement before you sign it and submit it to the court.

No-Fault vs. Fault Divorce

Again, Colorado is a pure no-fault divorce state, meaning that spouses aren’t allowed to allege a fault-based ground as the reason for the divorce. Colorado courts don’t want to get into the reasons for the divorce, so you simply let the court know that your marriage is “irretrievably broken,” meaning the relationship is so badly damaged that no amount of time, therapy, or intervention will repair it.

In a fault divorce, the reason for the divorce becomes an important issue. One spouse will claim—and must prove—that the other spouse’s marital misconduct caused the divorced. The most common fault grounds for divorce are adultery, addiction, abandonment, and abuse.

In Colorado, courts may consider misconduct under a very narrow exception—where a spouse commits marital misconduct and the misconduct has economic repercussions. For example, if one spouse uses marital funds on trips and lavish gifts for an adulterous affair, a court may order the cheating spouse to reimburse the other spouse for wasting marital assets.

Courts will also consider any history of domestic abuse when making decisions about restraining orders and custody.

How to File for Divorce in Denver

The basic divorce process laid out above applies to all divorces in Colorado. However, courts may have their own local rules, which you can find online. The first step in beginning your divorce case is to find the appropriate divorce forms for your situation.

For more information about how to file for divorce in Colorado and to find specific family law forms for your case, check the Divorce, Family Matters, and Civil Unions section of the Colorado Judicial Branch website.

If you have questions about how to start your own divorce case, you should contact a local divorce attorney for advice.

For more on divorce in Colorado, and questions asked in Denver, see our free legal advice page.