Contested Divorce in Colorado

What Makes a Divorce Contested in Colorado

Colorado is a no-fault divorce state. The only legal ground for ending a marriage is that the relationship is irretrievably broken. ^[1]

No one has to prove infidelity, abandonment, or any other wrongdoing for the dissolution itself to move forward.

What makes a divorce contested is disagreement about what happens next, not the reason for ending the marriage. If you and your spouse cannot agree on one or more of the issues below, the case is contested.

• Parenting time and decision-making. Colorado replaced the term ‘custody’ with allocation of parental responsibilities, often shortened to APR. Disputes cover where the children live, how time is divided, and who makes major decisions about education, health care, and religion.
• Child support. Colorado uses an income-shares model based on both parents’ gross income, the number of overnights with each parent, health insurance costs, and work-related child care.
• Spousal maintenance. Colorado calls alimony “spousal maintenance” although it’s often still called alimony in everyday conversation. Disputes are usually about whether maintenance is owed, how much, whether it’s actually needed, and for how long.
• Property and debt division. Colorado is a fair and equitable distribution of property state. Assets and debts acquired during the marriage are divided fairly, which does not always mean equally, but it often does.
• Other contested issues. Hidden assets, business valuation, retirement account division, separate property claims, and tax filing for the year of divorce all show up regularly.

Even one open issue makes the divorce contested. Many cases start contested and become uncontested as disclosures, mediation, and negotiation work through the conflict.

The Contested Divorce Process in Colorado

Colorado dissolution cases follow a defined sequence under the Uniform Dissolution of Marriage Act and the civil rules for domestic relations cases. Here is how a contested divorce typically moves through the system.

1. Petition and response. One spouse files a Petition for Dissolution of Marriage in the district court of the county where either party lives. The other spouse is served unless they sign a waiver of service, and then has 21 days to file a Response, or 35 days if served outside Colorado.
2. Residency check. At least one party must have been domiciled in Colorado for 91 days before the petition was filed
3. Mandatory financial disclosures. Both parties must exchange specific financial information under C.R.C.P. Rule 16.2 ^[2],

   including a Sworn Financial Statement, 3 years of tax returns, 3 months of pay stubs, the most recent account statements for bank accounts, investment accounts, retirement accounts, credit cards and other debt records. Initial disclosures are due within 42 days of service.

4. Initial Status Conference. The court typically schedules an Initial Status Conference within about 40 days of filing. Deadlines get set here, mediation is usually ordered to be set and completed within a certain time frame, experts are discussed (such as appraisers, business valuators, child and family investigators, etc.) and procedural questions get sorted out.

5. Temporary orders. If you need decisions in place while the case is pending, you can request a temporary orders hearing. Common temporary issues include who lives in the house, how bills get paid, and the parenting schedule prior to the divorce being finalized.  Often though, courts will require mediation prior to setting the temporary orders hearing.

6. Discovery and experts. Contested cases often require additional discovery beyond mandatory disclosures, including written questions, document requests, depositions, business valuations, real estate appraisals, custody evaluations, or vocational assessments.

7. Mediation. Most Colorado courts require mediation before a final hearing. In Jefferson County, mediation is standard procedure in contested family law cases, and many cases resolve at this stage.

8. Permanent Orders Hearing. If the case does not settle, the court holds a trial called the Permanent Orders Hearing. Both sides present evidence, call witnesses, and argue their positions, and the judge then enters final orders on every open issue, but not necessarily at the conclusion of the hearing.  More and more, judges will issue the final orders within a few weeks of the actual hearing.

9. Decree of Dissolution. A final decree cannot be entered until 91 days have passed since service of the petition or the respondent’s first appearance. In contested cases, the decree is usually issued after the Permanent Orders Hearing concludes.

How Long a Contested Divorce Takes in Colorado

Colorado law sets a minimum of 91 days from service of the petition before a decree can be entered. In a contested case, the practical timeline is usually much longer.

Most contested divorces in Colorado finish six to eighteen months after filing. The length depends on several factors.

• Complexity of the issues. A case with a contested parenting plan, a business to value, and disputed maintenance moves slower than one with a single open issue.
• Court calendar. Trial dates in busy districts like Jefferson County are often booked months out.
• Cooperation level. Cases where both sides exchange disclosures on time and engage in good-faith negotiation finish faster.
• Discovery scope. Depositions, expert witnesses, and custody evaluations each add weeks or months to the timeline.

If you want a faster outcome, the path is usually to participate in a negotiated settlement, not a faster trial date. That is why we push hard on resolution of any issues that can be resolved equitably, whether that resolution occurs in mediation or outside of it.  Litigation is the right tool when it is the only one that works, and it is rarely the fastest one.

How The Drake Law Firm Helps With Contested Divorce

At The Drake Law Firm, contested cases sit inside our broader Colorado divorce practice, which also covers uncontested filings, legal separation, mediation, and collaborative options. We represent clients across Jefferson County, the Denver metro, and the Front Range.

We do not believe a contested divorce has to be a war. Many cases that start with high conflict end in a negotiated settlement, once both sides have full financial information and time to think. Our job is to make sure you walk into every step informed, protected, and represented by someone who knows how Colorado divorce actually works.

What we do:

• Push for resolution where resolution is possible. Most contested cases settle. Preparation is what makes settlement happen on terms you can live with.
• File and respond on time. Petitions, responses, motions, disclosures, and discovery requests, filed inside the deadlines that govern Colorado dissolution cases.
• Bring in the right experts. Business valuators, custody evaluators, vocational experts, and forensic accountants when the case actually needs them.
• Litigate when settlement fails. If the other side refuses to engage in good faith, we are ready to take the case to the Permanent Orders Hearing and present your position to the judge.
• Tell you when a fight is not worth it. A win on paper that costs you another year and tens of thousands in fees is not always a win. We will say so.

How we work:

• Offices in Golden and Lakewood. Serving Jefferson County, the Denver Metro Area , and the Front Range.
• Hourly billing. Contested cases vary widely in cost depending on what is actually in dispute.

Discounted Consultation/Strategy Session.  We are offering an hour-long meeting with an attorney for $200 so that you can determine your course of action, receive advice on strategy and get your questions answered.  The consultations are the right place to decide whether we are the right fit before committing.

• Flexible access. In-person, phone and Zoom consultations available. Saturday appointments may be available by request.

What we do not do:

• Take cases driven by punishment. If the goal is to punish the other parent, drag out the process for leverage, or weaponize the children, we are not the firm for you.
• Frank, Honest Advice. We will tell you that directly in the first meeting. A contested divorce is hard enough without making it harder than it has to be.