Victoria writes about people management, legal practice, technology, and the future of work. Her diverse career has included experience as a US employment lawyer and various roles in human resource management, including a strategic HR role at The Walt Disney Company. Now living in the UK, Victoria provides unique insights on the world of work in the US, UK, and EU.
Victoria Pearce
Victoria writes about people management, legal practice, technology, and the future of work. Her diverse career has included experience as a US employment lawyer and various roles in human resource management, including a strategic HR role at The Walt Disney Company. Now living in the UK, Victoria provides unique insights on the world of work in the US, UK, and EU.
Adam has resided at the intersection of legal and journalism for two decades. An award-winning journalist and legal strategist, he’s covered high-profile trials in Florida.
After law school, Adam and spent two years clerking for a U.S. District Court judge. He researched and wrote legal precedent in published opinions on behalf of the Court.
He has been an editor, columnist and journalist at the Miami Herald, The Dallas Morning News, The Oregonian, Golf Digest, FindLaw.com and other media outlets.
He lived in Colombia and Argentina teaching legal English to attorneys and law students. He is also a Spanish-language subject matter expert.
An avid waterman, he surfs and scuba dives frequently.
Reviewed
Adam Ramirez, J.D.
Adam has resided at the intersection of legal and journalism for two decades. An award-winning journalist and legal strategist, he’s covered high-profile trials in Florida.
After law school, Adam and spent two years clerking for a U.S. District Court judge. He researched and wrote legal precedent in published opinions on behalf of the Court.
He has been an editor, columnist and journalist at the Miami Herald, The Dallas Morning News, The Oregonian, Golf Digest, FindLaw.com and other media outlets.
He lived in Colombia and Argentina teaching legal English to attorneys and law students. He is also a Spanish-language subject matter expert.
An avid waterman, he surfs and scuba dives frequently.
Editorial Note: We earn a commission from partner links on Forbes Advisor. Commissions do not affect our editors' opinions or evaluations.
Even the beautiful mile high scenery surrounding Denver can’t make going through a divorce pleasant. Navigating the end of your relationship and legal challenges can be extremely stressful. Whether you expect your divorce to be simple or highly contentious, finding the right lawyer to represent you can help smooth the process.
We’ve identified ten of the top divorce lawyers in Denver to help you find the best lawyer for your case. You’ll also find insights on the divorce process in Colorado and ways your attorney can help along the way.
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Best Divorce Attorneys in Denver, CO
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Filing For Divorce in Colorado
Divorces are rarely simple, and you need to follow specific steps to finalize a dissolution of marriage in Colorado. Below we’ll go over the general requirements to process a divorce in Denver.
Colorado Divorce Requirements
In order to file for divorce in Colorado, at least one spouse must have been a state resident for 91 or more days prior to filing. This establishes that the courts has jurisdiction over your case. It is not necessary for both spouses to meet the residence requirement.
Types of Divorce and Separation in Colorado
Relationships can be unique, and Colorado offers a variety of legal divorce and separation paths depending on your situation. These include:
- No-fault divorce. Under Colorado law, all divorces are no-fault. This means that there is no requirement for a spouse to prove wrongdoing by the other spouse in order for a divorce to proceed. The only requirement is a finding that the marriage is “irretrievably broken”.
- Uncontested divorce. An uncontested divorce occurs when you and your spouse agree on all of the terms and conditions for your divorce, including division of property and child responsibilities.
- Contested divorce. A contested divorce occurs when you and your spouse are unable to agree on some of the issues involved in the dissolution of your marriage. For example, you would need to go through a contested divorce process if you and your spouse cannot agree on how to divide your assets.
- Annulment. An annulment declares that a valid marriage never existed. In Colorado, annulment is called a Declaration of Invalidity. An annulment can be granted for reasons including lack of proper consent to the marriage, fraud and duress.
- Legal separation. If you are seeking to separate from your partner, but wish to remain married for personal or financial reasons then you may want to look into legal separation. A legal separation commits the parties to separating assets, dividing debts and establishing child custody rules. It does not end the marriage, but it can help formalize things when a couple wants to try living apart before divorcing or is opposed to divorce.
Child Custody, Support and Visitation in Colorado
Colorado divorce law does not automatically favor one parent over the other when determining child custody, support or visitation rights. Courts processing your divorce with kids will take into consideration the best interests of the child in each of these areas:
- Child custody. Custody, called parental responsibility in Colorado, is divided into two categories: physical and legal. Physical custody defines when a parent will spend time with a child. Legal custody refers to the right to make significant decisions for the child, such as where they attend school or receive healthcare.
- Child support. Both parents are expected to provide financial support for their child’s upbringing. When calculating child support, the court considers each parent’s income and may adjust to account for child care costs, medical expenses or physical care arrangements.
- Visitation. Colorado courts will encourage parents to work out a parenting plan that meets the family’s needs and schedules. The court will only establish a plan for visitation rights if the parents cannot agree.
Property Division in Colorado
Marital property is divided in Colorado using the principle of equitable distribution. Colorado is not a community property state. The equitable distribution system instead seeks to divide property fairly, rather than equally. This takes into account factors such as the length of the marriage and how each spouse contributed. For example, a lower-earning spouse might be granted a greater percentage of marital property to help them maintain a similar standard of living after the divorce.
Colorado law only divides property that was obtained during the marriage. Any assets owned prior to marriage, or gifts received by only one spouse, are considered as separate property that is not subject to division.
Alimony, called spousal maintenance in Colorado, is also allowed in some divorce cases. These payments can be temporary or permanent and are meant to avoid unfair economic impacts for lower-earning or non-earning spouses. Spousal maintenance can be changed over time if either of your circumstances change.
Filing and Serving Your Divorce Papers
Filing for divorce in Colorado requires that you complete specific court documents, deliver those documents to your spouse, and then file the documents with the court. Start by completing a Petition for Dissolution of Marriage or Legal Separation and a Summons for Dissolution of Marriage or Legal Separation.
Once these documents are completed, you must serve them on your spouse. The documents can be served by any person over age 18 who is not a party to the action. Many people choose to hire a private process server who can ensure the documents are served properly and provide you with written proof of service. A divorce lawyer will assist you with completing and serving your divorce documents.
Finalizing Your Divorce
After you complete and file your divorce forms with the court and serve your spouse, the case will move forward to a trial or end with an agreement. From there, the divorce can only be finalized after a 91-day waiting period has expired. The waiting period applies even if you and your spouse agree on all terms for the divorce.
How Can an Attorney Help You?
The divorce process can be emotionally exhausting, legally complex and stacked with paperwork. There is no requirement that you hire an attorney for your divorce, but it can be well worth your while. Hiring an attorney helps to preserve your interests and finalize the divorce as quickly and smoothly as possible. Some of the advantages of hiring a divorce lawyer include:
- Paperwork management. From court filings to exchanging financial details, your lawyer keeps documents organized and ensures you meet deadlines.
- Negotiation. When you and your spouse disagree on how to resolve your divorce, an attorney can help identify paths toward a fair agreement and use persuasive skills to reach that goal.
- Asset protection. An attorney who understands Colorado’s equitable distribution framework can advocate for a split in assets that preserves your lifestyle.
- Child custody protection. Agreement on child custody can often be difficult to reach. An attorney will advocate to protect your parental rights through what can be stressful and complex court hearings.
- Legal strategy. Your lawyer will take your priorities into account while navigating the divorce process, ensuring a strategy that both follows the law and protects your interests.
How to Find the Best Divorce Lawyer in Denver
There are many family law lawyers in Denver that can help with your divorce. To find the right lawyer for you, use these tips:
- Look for referrals. Ask people in your personal network who they worked with during their divorce. Make a list of any lawyers recommended by people you trust and be sure to ask for details on why they’re recommended.
- Check for areas of specialization. There are many factors that can make a divorce unique. Whether you are facing a contentious child custody battle, navigating division of extensive property or working through a divorce in the military, look for a lawyer who has handled similar cases.
- Request a consultation. Many family law attorneys offer a free initial consultation. Use this time to ask questions about how they would handle your case and communicate with you through the process.
- Discuss fees. Most divorce lawyers charge an hourly rate. Make sure you understand a lawyer’s fees and payment structure in advance to avoid costly surprises.
Methodology
To come up with the best divorce lawyers in Denver 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.
Frequently Asked Questions (FAQs)
How much does a divorce lawyer cost in Colorado?
A divorce lawyer in Colorado will charge hourly fees between $200 and $400 per hour. According to one study, the average hourly rate in Colorado for a family law attorney is $310 per hour. The total cost of a divorce lawyer will depend upon the complexity of your divorce, since more difficult cases will require more of your lawyer’s time. The average cost of a divorce in the U.S. is between $15,000 and $20,000.
Does it matter who files first for divorce in Colorado?
Filing first for divorce in Colorado does not provide an advantage or influence the outcome of the case. As a no-fault divorce state, Colorado law does not consider whether one spouse is more to blame for a divorce than another. The only meaningful difference for filing first is that the filing fee for an initial divorce petition is higher than the filing fee to respond to a divorce petition.
What can be used against you in a divorce in Colorado?
Colorado is a no-fault divorce state, but some actions can still negatively impact your divorce case. Attempting to hide marital property, or wasting it through unnecessary spending, could result in a larger allocation for your spouse in the final divorce decree. Working with a divorce lawyer can help ensure you do not accidentally take steps that will harm you during the divorce process.
