Navigating a divorce is never easy, but when you and your spouse cannot agree on key issues—such as asset division, child custody, or spousal maintenance—the process becomes a "contested divorce." In Colorado, this transition shifts your case from a relatively straightforward administrative process to a more complex legal journey.
While the term "contested" can sound intimidating, it simply means the court will play a larger role in ensuring a fair resolution. Here is what you can expect as you move forward.
The Mandatory Waiting Period and Initial Steps
Even in a highly contested case, Colorado law requires a 91-day waiting period from the date the respondent is served (or joins the petition) before the marriage can be legally dissolved.
Upon filing, an automatic temporary injunction takes effect. This prevents either spouse from hiding assets, canceling insurance policies, or moving children out of state without permission. Within the first 42 days, you will attend an Initial Status Conference (ISC) where a judge or legal officer will outline the timeline for your specific case.
Mandatory Financial Disclosures
Colorado is a "no-fault" state, but it is also a state that demands absolute transparency. Both parties are required to provide a Sworn Financial Statement and a comprehensive "Rule 16.2" disclosure. This includes:
- Three years of tax returns.
- Recent bank and investment statements.
- Documentation of debts, real estate holdings, and retirement accounts.
In a contested divorce, this "discovery" phase can be intense. If one party is suspected of hiding assets, your legal team may use subpoenas or expert appraisers to ensure the marital estate is valued accurately.
Mediation: A Required Hurdle
Most Colorado jurisdictions require couples to attend mediation before they are allowed to head to trial. A neutral third-party mediator will work with both of you to find a middle ground.
Mediation is often the last opportunity to maintain control over the outcome. If you can reach an agreement here, you avoid the unpredictability of a judge’s ruling. If mediation fails, the remaining "contested" issues will proceed to a Permanent Orders Hearing.
The Role of "Best Interests" in Custody
If your disagreement involves children, the court’s North Star is always the "Best Interests of the Child." In 2026, Colorado courts have placed an even greater emphasis on evaluating safety and stability. You may work with a Child and Family Investigator (CFI) or a Parental Responsibilities Evaluator (PRE) who will investigate your family dynamic and provide a formal recommendation to the judge regarding parenting time and decision-making.
Preparing for the Permanent Orders Hearing
The final stage of a contested divorce is the Permanent Orders Hearing—essentially a trial. Here, each side presents evidence, witness testimony, and legal arguments. A judge will then make a final, binding decision on everything from the equity in your home to the specific hours of your holiday parenting schedule.
You Don't Have to Do This Alone
A contested divorce requires a strategic mind and an empathetic heart. At Aviso Law, we understand that your future and your family are at stake. We are here to provide the steady, professional guidance you need to navigate the Colorado court system and move toward a fresh start.
To discuss your case and protect your rights, contact Aviso Law today at (719) 356-5552.