Colorado Springs Divorce Lawyer

Helping Clients Navigate the Divorce Process in El Paso County, CO

Ending your marriage will likely be one of the most difficult decisions you will make in your life, and going through a divorce is confusing, challenging, and stressful. Aviso Law represents men and women in all types of family law cases, including divorce. 

At our firm, our experienced Colorado Springs divorce attorneys will guide you through the divorce process, providing you with strong, thoughtful, and diligent advice to protect you and your family’s interests.

Continue reading to learn more about divorce in Colorado. You can also read our blog “What to Do Before Filing for Divorce” for more information and next steps.  

Are you looking to file for divorce? Call Aviso Law today at (719) 356-5552 or contact us online to schedule a free consultation with our divorce lawyers in Colorado Springs.

On this page:

• What Is Uncontested Divorce in CO?
• What Is Contested Divorce in CO?
• What Is the Difference Between Legal Separation & Divorce?
• What are the Key Issues to Resolve in a Colorado Divorce?
• What is Colorado Common Law Marriage?
• Why Common Law Marriage Matters?
• Do Domestic Violence Allegations Affect Divorce in CO?
• What are Common Reasons for Divorce in Colorado Springs?
• FAQs About Divorce in Colorado

Colorado is a “no-fault” state; therefore, one does not need to show a specific reason for a divorce, such as infidelity or abuse. Uncontested divorce in Colorado refers to a situation where both spouses mutually agree on the terms of their divorce without the need for court intervention. 

Here are some key points about uncontested divorce in Colorado: 

• Joint Petition: In an uncontested divorce, both spouses can sign and file the necessary paperwork jointly as "co-petitioners," streamlining the process and potentially saving time.
• Minimum Residency Requirement: Either you or your spouse must have lived in Colorado for at least 91 days before filing for divorce in the state.
• Quick Resolution: Uncontested divorces in Colorado can be finalized in as little as 91 days if both parties promptly agree to the terms and submit the required documentation.
• Efficiency: Under Colorado law, an uncontested divorce can be completed in under 90 days if both parties can amicably resolve all issues without going to court.
• Amicable Agreement: An uncontested divorce hinges on the spouses' ability to reach a mutual agreement on major issues like property division, child custody, support, and alimony without the need for court involvement.

Even if the divorce is uncontested and the parties are in agreement on all the issues, there are difficult, complex decisions to make regarding children and property. The divorce attorney in Colorado Springs at Aviso Law can work with divorcing clients who are not necessarily fighting with their spouse to help craft a fair agreement to keep the divorce amicable. 

A contested divorce occurs when spouses cannot agree on one or more key issues, such as property division, child custody, child support, or spousal maintenance. In these cases, the court must resolve disputes through hearings or a trial. 

Contested divorces often take longer and may involve negotiations, mediation, and multiple court appearances. Hiring an experienced divorce attorney is crucial to protect your rights and present your case effectively.

The typical contested divorce process in Colorado can be complex, and the following is a general outline of the steps involved in a divorce with children:

• Residency requirements: At least one spouse must have lived in Colorado for 91 days before filing for divorce. For court orders involving parental responsibilities, the child must have lived in Colorado for at least 182 days before filing.
• Initial filing: Divorce begins by filing a case information sheet, petition for dissolution (or legal separation), and summons. The current filing fee is $236.
• Service of documents: After filing, the initial documents must be formally served on the other party unless service is waived.
• Response deadline: The opposing party has 21 days to respond if served in Colorado, or 35 days if served out of state.
• Initial status conference: The petitioner must schedule this conference within 42 days of filing. It is typically informal and conducted with a family court facilitator, who issues deadlines and a case management order.
• Settlement conference: Before temporary orders are heard, courts usually require a settlement conference to try to resolve temporary parenting time, support, bill payments, and maintenance issues.
• Temporary orders hearing: If no agreement is reached, the court may issue temporary orders addressing parenting time, child support, spousal maintenance, debts, and property use until final resolution.
• Mediation: Courts generally require mediation before final orders, giving both parties an opportunity to resolve disputed issues with a neutral third party.
• Final orders: If a full agreement is not reached, the case proceeds to a final orders hearing where a judge decides all remaining disputed issues.

In the state of Colorado, the minimum time from start to finish is 91 days. However, the length of any divorce will depend in large part on the level of disagreement between the parties.

Contact our Colorado Springs divorce attorney today at (719) 356-5552!

In the state of Colorado, the process to obtain a legal separation is the same as outlined in the divorce process. The primary advantage and difference of obtaining a legal separation rather than a divorce is that the parties are still technically married and, as a result, may be eligible to remain on the same health insurance and other insurance plans and receive military benefits. 

Also, many people pursue a legal separation rather than a divorce due to religious preferences. The couple is still married and, therefore, cannot get remarried. However, after filing a petition for legal separation, either party can ask the court to grant a divorce instead of a legal separation. In addition, after a decree of legal separation has been issued, either party can convert it to a decree of dissolution (divorce) after six months have passed.

Legal separation allows for a period of reflection, during which couples may decide on reconciliation or a full divorce. During this time, parties can make necessary adjustments to their individual lives while maintaining certain marital benefits. It's particularly beneficial for spouses with religious or financial reasons against divorce, providing a formal arrangement to handle support, custody, and property matters without dissolving the marriage completely.

1. Property Division

Colorado follows equitable distribution, not automatic 50/50 division. This means marital property is divided fairly, though not always equally.

Marital property generally includes:

• Income earned during the marriage
• Homes, vehicles, and retirement accounts acquired during the marriage
• Debts incurred jointly

Separate property, such as assets owned before marriage or received by gift or inheritance, may be excluded if properly traced.

2. Spousal Maintenance

Spousal maintenance is a court-ordered payment from one spouse to the other to support them financially.

Spousal maintenance may be awarded depending on:

• Length of the marriage
• Each spouse’s income and earning capacity
• Standard of living during the marriage
• Financial need and ability to pay

Colorado uses advisory guidelines for many cases, but judges retain discretion.

3. Child Custody & Parenting Time

In Colorado, child custody is referred to as parental responsibilities, which are divided into two key components: decision-making authority and parenting time. Courts in Colorado Springs focus on creating arrangements that serve the best interests of the child, not the preferences or convenience of either parent.

Decision-Making Authority

Decision-making authority refers to who has the legal right to make major decisions about a child’s upbringing, including education, medical care, and religious matters. This authority may be:

• Joint, requiring parents to cooperate and communicate on major decisions, or
• Sole, where one parent has final authority due to concerns such as conflict, safety issues, or inability to cooperate

Parenting Time

Parenting time establishes where the child lives and when each parent spends time with them. Colorado courts generally encourage meaningful involvement from both parents when it is safe and appropriate. Parenting schedules can be tailored to the child’s age, school schedule, and family circumstances.

When determining parental responsibilities, courts may consider:

• The child’s relationship with each parent
• Each parent’s ability to place the child’s needs above their own
• The ability of the parents to cooperate and encourage a positive relationship with the other parent
• The child’s adjustment to home, school, and community
• Any history of domestic violence, substance abuse, or child endangerment

In cases involving safety concerns, the court may order supervised parenting time or restrict contact to protect the child’s well-being.

4. Child Support

Calculated based on the Colorado Child Support Guidelines. Generally, the formula is primarily based on the parents’ incomes, the overnights each party has with the children, and who is paying the health insurance and daycare expenses. 

Addressing each of these key issues requires thoughtful negotiation and often the involvement of a mediator or attorney to ensure fair outcomes. Collaborating on these topics can lead to creative solutions that serve the best interests of both parties and any children involved. 

It's important to consider future needs and evolving circumstances, as the terms agreed upon during divorce can significantly influence your long-term wellbeing.

In this day and age, many individuals find themselves living with their significant other for years and have intertwined their property and finances. However, just because you live with your significant other does not necessarily mean you are common-law married.

Colorado recognizes common-law marriage. This means that a couple can be legally married without a formal ceremony or marriage license, as long as they meet specific requirements.    

To determine if you might be in a common law marriage in Colorado, the following criteria should be considered:

• Mutual Consent: Both parties must have mutually agreed to be married. This can be expressed verbally or implied through actions, such as sharing finances, filing joint tax returns, or publicly representing yourselves as married.    
• Cohabitation: Are the parties living together as spouses?    
• Public Recognition: Do the parties present themselves to the public as married? This could involve using the same last name, referring to each other as husband and wife, or filing joint tax returns.    

Important Note: While Colorado recognizes common law marriage, it's crucial to understand that simply living together for a certain period doesn't automatically constitute a common-law marriage. The key factors are mutual consent and public recognition of the relationship. Determining if you are common-law married is a complex factual determination. Speak with an attorney today if you think you might be common law married. 

A common-law marriage in Colorado carries the same legal rights and responsibilities as a traditional marriage. This includes:    

• Property Rights: Both parties have rights to property acquired during the relationship.
• Spousal Support: In case of separation or divorce, one spouse may be eligible for spousal support.    
• Child Custody & Support: If there are children, both parents have rights and responsibilities regarding custody and child support.

In Colorado Springs, ending a common law marriage works much the same way as ending a traditional marriage. Colorado recognizes common law marriages, and once a valid common law marriage exists, it must be legally dissolved through the divorce process—you cannot simply separate and consider the marriage over.

Although Colorado is a no-fault state, domestic violence can be a critical factor in determining divorce (i.e., allocation of parental responsibilities). When making a determination for the best interests of the child, the court is required to give “paramount consideration” to the safety of the child and the abused party when making a determination regarding parenting time and decision-making if domestic abuse is proven. 

Unfortunately, false allegations of domestic violence are often claimed to gain an advantage in a divorce case. You must defend against these allegations because they could have a substantial impact on your ability to interact with your children. Many times, parties will also seek a restraining order in order to gain an advantage in custody disputes. 

The imposition of a restraining order can have a significant impact on a divorce case and must be vigorously defended. At Aviso Law, our Colorado Springs divorce attorneys have extensive experience representing clients in domestic violence cases.

Marriages can end for a variety of reasons, and in Colorado Springs, common factors contributing to divorce include financial stress, infidelity, and communication breakdowns. Financial disagreements are often seen as one of the most significant stressors in a marriage, with some couples finding it hard to reconcile different spending habits or financial goals. This can lead to an erosion of trust and companionship over time. Infidelity can also breach the core trust that binds marriages, often leading to irreparable rifts between partners.

Communication breakdowns further exacerbate problems, leading to feelings of loneliness or resentment. As communication stalls, conflicts can escalate, often resulting in a cycle of blame and withdrawal. It's crucial for couples facing these challenges to consider counseling or open dialogue as preventative steps. Understanding these common challenges can help individuals and couples in Colorado Springs better prepare and navigate the difficulties that could otherwise lead to divorce.

Deciding to hire a Colorado Springs divorce attorney is often the next step after learning the basics of the process, and many people want to know what working with our firm will look like day to day. 

From our first conversation, we focus on listening to your priorities, whether that is protecting time with your children, keeping a family home, or navigating a matter that involves military service. We then outline a strategy that takes into account local court procedures at the El Paso County Combined Courts and any deadlines or hearings that are likely to arise in your case.

As your case moves forward, we stay in regular contact to explain what each filing, conference, and negotiation means for you so you are not left guessing about the status of your divorce. Our team coordinates behind the scenes to collect documents, prepare you for mediation or hearings, and respond quickly when urgent issues like temporary orders or protection orders come up. 

By combining our knowledge of Colorado family law with our understanding of the Colorado Springs community and nearby installations such as Fort Carson, we work to provide representation that is both straightforward and practical for your situation.

Call Our Colorado Springs Divorce Attorney Today

If you are looking to file for divorce in El Paso County, then do not hesitate to reach out to our divorce attorneys in Colorado Springs. At Aviso Law, we provide experienced legal guidance throughout the divorce process. Contact us today to schedule your free consultation.

Contact Aviso Law by calling (719) 356-5552 today to get started with our Colorado Springs divorce attorneys.