Sherin is a content and copywriter from Texas who specializes in writing for the legal tech, fintech, martech and cybersecurity sectors. She leverages the power of words to help meaningful brands inspire, inform and connect with their audience through impactful content.
Sherin Mamachen
Sherin is a content and copywriter from Texas who specializes in writing for the legal tech, fintech, martech and cybersecurity sectors. She leverages the power of words to help meaningful brands inspire, inform and connect with their audience through impactful content.
Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or as interesting as possible).
Reviewed
Jeffrey Johnson, J.D.
Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or as interesting as possible).
Editorial Note: We earn a commission from partner links on Forbes Advisor. Commissions do not affect our editors' opinions or evaluations.
Even the beautiful landscapes of Colorado Springs can’t hide the fact that some marriages ultimately end. Colorado’s divorce rate stands at three per 1,000 people. Dissolving a marriage is an emotionally challenging journey; it’s why having the right support in place to guide you through the legalities of divorce is important.
This article presents the top ten divorce lawyers in Colorado Springs who are known for their expertise and empathetic approach in guiding clients through legal separation. It also offers a comprehensive guide to Colorado’s family law procedures, including key aspects like property distribution and child custody laws.
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Best Divorce Attorneys in Colorado Springs, CO
Compare Top Divorce Attorneys
Filing For Divorce in Colorado
If you’re considering a divorce or separation from your spouse, it’s important to become acquainted with the specific laws and regulations that govern these proceedings. A thorough understanding of the rules related to child custody, property division and other key aspects of divorce in Colorado can help you set realistic expectations and prepare adequately for the legal journey ahead.
Colorado Divorce Requirements
Colorado requires you to meet the following criteria if you are interested in pursuing a divorce or legal separation:
- Residency requirement. Before starting the legal process for dissolving your marriage, either you or your spouse must have resided in Colorado for a minimum of 91 days.
- Waiting period: Colorado imposes a 91-day waiting period for finalizing a divorce. This period commences either when both spouses jointly file for divorce or when one spouse serves the divorce papers to the other.
Types of Divorce and Separation in Colorado
Colorado is a no-fault divorce state. This means you don’t need to prove your spouse’s misconduct to get a divorce. The only legal requirement is for the court to find that your marriage is irretrievably broken with no chance of reconciliation. If you meet this rule, here are your options for ending a marriage in Colorado:
- Uncontested divorce. Both parties agree the marriage is irretrievably broken and agree on key issues like marital asset division, debt, alimony, child custody, child support and visitation rights. This option is generally quicker and more cost effective than its alternatives
- Contested divorce. The divorce is contested when spouses cannot agree on essential terms such as property division or visitation arrangements. It is a good idea to hire a divorce lawyer in Colorado Springs to represent your interests at this stage.
- Mediated divorce. A neutral mediator assists the spouses in negotiating and agreeing on divorce terms. The mediator facilitates communication, helps identify issues and works towards finding mutually agreeable solutions.
- Collaborative divorce. In this process, spouses and their attorneys aim to resolve the divorce outside court through cooperation. This process involves a series of skilled negotiations where both parties work together to reach a satisfactory agreement on all issues.
- Legal separation. Legal separation is similar to divorce in its process, but it does not legally terminate the marriage. It’s suitable for those preferring not to divorce due to personal or religious reasons or seeking a trial separation with the potential for reconciliation. Legal separation can be converted to divorce later if desired.
- Annulment. This option legally declares a marriage null and invalid. It’s typically used in situations where marriage was never valid due to reasons like mental incapacity, no consummation or fraud.
Child Custody, Support and Visitation in Colorado
If you are divorcing with kids, understanding Colorado’s laws concerning child custody, support and visitation is important. These laws focus on the child’s welfare and best interests while balancing both parents’ rights and responsibilities.
- Child custody. Colorado refers to child custody as “parental responsibilities.” A key element is decision-making responsibility, granting parents the right to make significant decisions about the child’s education, healthcare, religion and other major life aspects. While the court prefers joint decision-making, sole responsibility may be assigned if one parent is deemed unfit. That said, even in joint arrangements, one parent might predominantly influence certain decisions. For instance, you may have more say in healthcare decisions, while the other parent may lead decisions about extracurricular activities.
- Parenting time. Non-custodial parents or third parties, like grandparents, can have visitation rights. If a biological parent is denied custody, they are often granted visitation to maintain the parent-child bond. The court generally encourages both parents to spend time with the child unless such interaction harms the child’s physical or emotional health. A parent with fewer than 92 overnight stays per year is considered non-custodial, while near-equal overnight stays indicate joint responsibility.
- Child support. Colorado’s child support laws ensure that parents contribute financially to the child’s growth and well-being. The amount is calculated using a formula that considers each parent’s income, the number of children, time spent with each parent and other variables.
Property Division in Colorado
In Colorado, marital property, which includes both assets and debts acquired during the marriage, is subject to division. This means things like a house purchased after marriage are considered marital property, even if only one spouse’s name is on the deed. However, separate property, like inheritances, gifts or anything owned before the marriage, typically isn’t divided.
The state adopts an equitable distribution approach for dividing marital property. This doesn’t necessarily equate to an equal 50-50 split but rather aims for a fair division.
Factors like each spouse’s contribution to acquiring the property, including non-financial efforts, and their financial situations are considered by the court when dividing property. Importantly, a spouse’s behavior, like infidelity, isn’t considered in this division, though it can affect other aspects like visitation or parenting time.
Colorado doesn’t automatically grant spousal support rights or alimony. But, in some cases, the court may order the higher-earning spouse to provide financial support to the lower or non-earning spouse to help them maintain a reasonable standard of living after the divorce.
In determining alimony, the court evaluates factors like the financial disparity between spouses, the marriage’s duration, each spouse’s contribution, and the receiving spouse’s capacity for self-support, considering their age and health.
Filing and Serving Your Divorce Papers
To begin a divorce in Colorado, you must complete and file several forms. To begin, you’ll have to fill out the Petition for Dissolution of Marriage or Legal Separation (JDF 1101) and the Case Information Sheet (JDF 1000). If you are not filing jointly, the spouse initiating the divorce must also fill out the Summons for Dissolution of Marriage or Legal Separation (JDF 1102). These forms are accessible on the Colorado Judicial Branch website.
Once you’ve filled out the forms, submit them to the Clerk at the Colorado Courthouse where the divorce is filed. You’ll also be asked to pay a fee of $230 at this stage.
In cases of individual filing, you must arrange for a signed copy of JDF 1101 and JDF 1102 to be delivered to your spouse. This cannot be done personally. Instead, you can deliver the papers through someone from the Sheriff’s Department, hire a private process server or use an individual over 18 who is not involved in the divorce.
The person delivering the forms must complete an “Affidavit of Service” (JDF 98), confirming the documents were handed over personally. This affidavit will then be filed with the court.
Finalizing Your Divorce
When you initially file the forms with the court clerk, you’ll also receive a Case Management Order. This order will include your Initial Status Conference (ISC) date and outline any additional forms you must file.
The ISC is a key part of the divorce process and must be attended by you and your spouse. You’ll have to inform your spouse about the conference at least 15 days before it occurs. This notification is important as it allows the divorce process to continue, even if your spouse chooses not to attend the conference.
The ISC must happen within 42 days of filing your divorce case. You must attend this meeting even if your spouse has not been served yet. During this meeting, which may be conducted with a Judge or a Family Court Facilitator, you will be informed about the next steps in the divorce process and set up Temporary Orders Hearings for parenting time, child support and custody, and other issues relevant to your case.
Lastly, Colorado law mandates a 91-day cooling-off period from the date you file your initial petition for divorce. This period allows both parties time to reflect on their decision and, if possible, reconcile. Once this cooling-off period has passed, and depending on whether you and your spouse agree on all terms of the divorce, the court will issue a Decree of Dissolution of Marriage. The duration of the divorce process can vary significantly; if both spouses agree on all terms, the process can resolve quickly after the waiting period. However, if there are disagreements or contested issues, the process may take longer and involve additional steps such as mediation, negotiation or court hearings.
How Can a Colorado Springs Divorce Attorney Help You?
Going through a contentious divorce can feel overwhelming, like being lost in a storm of legal challenges and emotional upheaval. In such times, the guidance of a divorce attorney in Colorado Springs is invaluable. They can transform a tough legal battle into a more manageable journey. Here are specific ways they offer assistance:
- Legal guidance. Your divorce attorney will ensure that you understand every aspect of divorce and provide guidance so you can make well-informed decisions in your best interest. Your lawyer will also be your reliable go-to resource to answer any questions or concerns about any procedures or issues you may be facing surrounding your divorce.
- Asset protection. Your attorney can help protect your high-value property or another physical or financial asset. They can also skillfully negotiate a fair division of property, investments and debts for an equitable outcome.
- Child custody. Your attorney will advocate for your child’s best interest. They can advise you on issues related to custody arrangement and child support, all the while prioritizing the well-being and future of your children.
- Paperwork. Your attorney can take on the burden of filling out the necessary paperwork required to file a divorce. This also ensures that the stress of going through a divorce doesn’t result in errors in the document.
- Negotiation and mediation. If there are areas where you and your partner do not align, your divorce attorney will strive to resolve disputes using alternative dispute methods like mediation. These approaches often lead to more satisfying and less adversarial outcomes. A cordial post-divorce relationship may especially be beneficial when children are involved.
- Domestic violence help: If you are a victim of domestic abuse, your attorney can be instrumental in helping you stay safe. They can assist with obtaining restraining orders and ensure the court is aware of domestic violence when making decisions about issues such as child custody.
How to Find the Best Divorce Lawyer in Colorado Springs, CO
With so many excellent divorce attorneys serving Colorado, deciding which lawyer to entrust your case can take careful consideration. To make sure the decision is easier, here are some tips that can help.
- Referrals. Reach out to friends, families or colleagues who you know have gone through a divorce. Inquire about their experience with the attorney they used and if they’d recommend the lawyer’s service in your situation. Getting some referrals can help narrow down your options immensely.
- Experience. Look for a lawyer who specializes in family law with the bulk of their experience, specifically in divorce cases. You also want to ensure they’ve worked on similar divorces, especially if complex elements like child custody or high net-worth assets exist.
- Compatibility: Schedule consultations with a few lawyers. This meeting can provide valuable insight into how comfortable you feel discussing personal matters with the lawyer. You’ll also get to know their communication style and how they approach cases like yours.
Methodology
To come up with the best divorce lawyers in Colorado Springs of 2024, Forbes Advisor considered many factors. Forbes Advisor’s mathematical analysis considers and weighs the information collected to calculate a specific rating and reviews these results to find the best attorneys in a given practice area.
Within the model, we take into account factors that legal professionals and consumers value in an attorney’s qualifications. After assigning weighted scores to hundreds of data points, we narrowed the field down to our top choices based on:
- Legal experience
- Special licenses and certifications
- Ethics and bar disciplinary measures
- Legal thought leadership
- Education and employment background
- Scholarly lectures and writings
- Awards and honors
Forbes Advisor collects public data from a variety of sources, including state bar associations, court records and other published sources on the internet. This information should not be considered comprehensive, however. It might not include additional relevant information on an attorney’s legal skills and experience.
Each lawyer listed here has their own merits. Bear in mind that our list relates to these lawyers’ legal backgrounds but does not evaluate their personalities or their knowledge of the law. One attorney may be more suitable than another for your specific legal situation.
One thing that can’t be quantified, though, is the rapport you establish with your attorney. Personality goes a long way when teaming up with an attorney, especially when going through a potentially difficult legal situation. These rankings should serve as a reference and potential starting point in your search for the right lawyer for you and your legal concerns.
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Frequently Asked Questions (FAQs)
How long do you have to be separated in Colorado before divorce?
In Colorado, couples who have obtained a legal separation must wait 182 days before they can convert their separation into an official divorce.
Is Colorado a 50-50 divorce state?
Colorado is not a 50-50 divorce state; instead, it follows the principles of equitable distribution. This means during a divorce, assets and debts you obtained together during your marriage are divided fairly but not necessarily equally. It may not necessarily be divided 50-50; it could be divided 40-60 or another proportion based on the court’s assessment of what is fair and equitable for both parties involved.
Who gets the house in a divorce?
Colorado has no automatic rule that states which spouse gets possession of the house during a divorce or ownership afterward. The decision depends on various factors and can be influenced by mutual agreement, temporary orders or a judge’s ruling.
If the couple cannot agree on who gets the house, they can seek a temporary order from the court. The judge will consider several factors, such as the best interests of any children involved and each party’s financial situation. In cases involving domestic violence or abuse, the court may order the offender to leave.
