Denver Divorce Attorneys
A divorce is not only the separation of two people, it is also the separation of a life built together. There are a number of decisions to be made before a marriage is dissolved, and each one can stir up emotions and conflicts.
The Denver divorce lawyers at Jorgensen, Brownell & Pepin, P.C. have helped thousands of Colorado residents through the divorce process. We can help you, too.
You Don’t Have To Face It Alone
Guidance from a trusted Denver divorce attorney can go a long way in keeping your divorce moving. A knowledgeable legal counselor can help you navigate disputes and provide clarity as to the issues that are truly worth fighting over.
Filing for a Divorce in Colorado
Colorado is a “no-fault” state, meaning the court won’t consider either spouse’s fault or misconduct when granting the divorce, dividing property, or awarding spousal support or child custody. The only ground for divorce is the “irretrievable breakdown” of the marriage, which means the couple can no longer get along with one another and there is no hope of reconciliation.
There is a residency requirement in Colorado. Either spouse must reside in the state for at least 90 days prior to filing for divorce, and children must live in Colorado 180 days prior to filing.
The most common types of divorce are the following:
Contested Divorce
When the couple is unable to agree on one or more terms (property division, child support, child custody, maintenance, etc.) of the divorce, it is considered a contested divorce. Since these cases can lead to court litigation, they are more costly and take longer to resolve.
Uncontested Divorce
When the couple agrees on all divorce issues, making the process less expensive and faster to resolve.
Understanding Colorado’s Divorce Process
Dissolution of Marriage Petition
This process begins with one party filing a petition for divorce. The petition will either claim fault or assert that the marriage is irretrievably broken. Petitions can also be filed jointly by you and your spouse if you both agree to the divorce.
Status Conference
Approximately 40 days after the filing of the petition, the court will meet with the parties and their attorneys to clarify any issues that are being contested in the divorce. This informal hearing is meant to help all parties understand where the case is headed.
Rule 16.2 Disclosure
Around this same time, both parties must make financial disclosures to each other. They must reveal assets, including bank accounts and retirement accounts, along with debts. This is crucial to a fair and equitable division of property.
Temporary Orders Hearing
Upon the request of you or your spouse, the court may enter temporary orders. These orders will generally cover the payment of temporary spousal support and may award the marital home to one party as a temporary residence. These orders generally stay in effect until the final divorce order is entered.
Negotiation and Mediation
Mediation for divorce cases is required in Colorado, unless the two parties settle prior to the deadline to mediate.
Permanent Orders Hearing
This is the last step of the divorce process. If you and your spouse have been able to agree on issues, the court will review, accept, and memorialize your agreement. If not, the court will hear testimony and consider the evidence before entering an order. Finally, the court will pronounce you and your spouse divorced.
Jorgensen, Brownell & Pepin, P.C., Is Here to Answer Your Questions About Divorce
Getting a divorce can be a monumental life choice. As a firm with the best divorce attorneys in Denver, we understand you may have questions or concerns about the process. We are here to provide honest advice and direction during this time. Call our Denver office to request your free consultation today.
How Much Does a Divorce Cost?
Filing for divorce is not cheap but need not be prohibitively expensive, either. Here’s a look at what you can expect to pay.
Filing Costs
All divorce cases will require a petition and an accompanying fee of $230. If you are filing the petition alone, you will be responsible for paying these expenses. If you and your partner file your petition jointly, then you may share this cost.
If your partner wants to file an answer to your petition and challenge any of the information or allegations therein, they may do so but will need to pay a $116 filing fee.
Mediation Costs
Some mediators may charge as little as $75 per hour per party, while others may charge $300 or more per hour.
Attorney Fees
Each party will generally pay their own attorney fees. An affordable divorce attorney in Denver may charge as low as $200 per hour, while others may charge much more. Most attorneys require a down payment (or “retainer”) of a few thousand dollars to help cover anticipated expenses and costs.
How to File for Divorce
The divorce process begins once you file a petition with your local court and pay the appropriate filing fee. Your petition lays out the grounds for divorce. Your petition also discloses information about children of the marriage, along with your financial situation.
Divorce Statistics and Questions
Although divorce happens every day, people still have questions and concerns about the process. Some of the most common questions asked about divorce in Colorado include:
How Many Divorces Happen in Colorado Each Year?
In 2020, the Colorado Judicial Branch recorded that 22,592 divorce petitions were filed throughout the state.
What Percentage of Marriages End in Divorce?
The American Psychological Association reports that four to five out of every 10 marriages will end in a divorce. People who have been divorced once are more likely to have a subsequent divorce.
Are Divorces Happening More Often?
The Centers for Disease Control and Prevention (CDC) has noted that the rate of divorce has been decreasing slightly over the past 20 years.
How Much Does It Cost to File for Divorce in Colorado?
It only costs $230 to file a petition for divorce and $116 to file an answer to a petition. However, depending on the complexity of your case and the other services that might be required, you may spend several hundred or several thousand dollars on all the fees and costs involved in a divorce. If you and your partner insist on litigating your differences in court, the cost will be significantly higher than it will be if you are able to reach an agreement together.
Who Can File for Divorce in Colorado?
Any married adult who has resided in Colorado for at least 90 days can file a petition for divorce. You do not need to live apart from your spouse for any amount of time before filing for divorce.
If you have children with your partner and want Colorado courts to decide custody issues, then the children must have resided in Colorado for at least six months. Otherwise, the state in which the children had previously lived for at least six months may be the state where custody issues are decided.
If you have any questions about your eligibility to seek a divorce in Colorado, speak with a knowledgeable Denver divorce lawyer.
Do You Need a Reason to File for Divorce in Colorado?
Colorado is a no-fault divorce state. All you must allege is that your marriage is broken and that you do not want it to continue. Your divorce can still be granted even if your partner does not agree to it.
Can You Get an Annulment in Colorado?
An annulment is a legal declaration that a marriage was void and invalid from its inception. In other words, it’s like you were never married in the first place. Annulments are only available in very limited circumstances, like if you were under the age of consent or were unable to give your free and knowing consent to marry at the time you wed.
If you are thinking about pursuing an annulment, speak with an attorney right away. In some cases, you may lose the ability to seek an annulment if you wait too long.
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