Denver Contested Divorce Lawyer

Colorado’s contested divorce process follows a defined sequence of steps, and knowing what to expect at each one helps you make better decisions throughout. As a no-fault divorce state, Colorado requires only that the marriage is irretrievably broken. No one needs to prove wrongdoing. What courts do require is a structured process for resolving every disputed issue before a final decree is entered.

What Makes a Divorce “Contested” in Colorado

A contested divorce occurs when spouses can’t reach agreement on one or more key issues: asset division, child custody, spousal maintenance, or parenting time. The Denver District Court must then resolve those disputes through a formal legal process. Colorado uses equitable distribution for property division under C.R.S. Section 14-10-113, meaning the court divides marital assets and debts fairly rather than automatically 50/50. Judges weigh each spouse’s contributions to acquiring marital property (including contributions as a homemaker), the value of property set apart to each spouse, the economic circumstances of each spouse at the time of division, and any changes in the value of separate property during the marriage.

Emotions commonly run high in these cases. Consistent legal counsel keeps your focus on the decisions that matter for your future rather than the friction of the moment. A judge’s final rulings at the permanent orders hearing are binding, which is why how you prepare and present your position throughout the process carries real consequences.

The Denver Contested Divorce Process, Step by Step

The Denver District Court handles divorce filings for the City and County of Denver as part of the 2nd Judicial District. We tailor our approach to Denver’s specific procedures and help clients prepare timely filings, responses, and required financial disclosures at every stage.

Petition & Response
The process begins when one spouse files a Petition for Dissolution of Marriage. The other spouse has 21 days to respond if served within Colorado, or 35 days if served out of state. A response may include a counterclaim with the respondent’s preferred terms.

Initial Status Conference
After a response is filed, the court schedules an Initial Status Conference (ISC). Parties and their attorneys meet with the Family Court Facilitator to identify disputed issues and establish a case schedule. This conference sets the pace for everything that follows.

Financial Disclosures and Discovery
Both spouses must provide financial disclosures under C.R.C.P. 16.2. In contested cases, this often leads to formal discovery, including document requests, interrogatories, and depositions. Cases involving business interests or significant assets require careful attention at this stage.

Temporary Orders
If urgent issues arise before the final decree, such as temporary parenting time, child support, or use of the marital home, either party can request a temporary orders hearing. These rulings stay in place until permanent orders are entered.

Mediation
Colorado courts require mediation before a final hearing in most contested cases. Many disputes resolve through mediation or negotiation before reaching trial, even after both sides have taken contested positions.

Permanent Orders Hearing
If mediation doesn’t resolve every issue, the case proceeds to a permanent orders hearing. A judge, not a jury, hears evidence and testimony and issues binding rulings on all remaining disputed matters. Those orders stand unless successfully challenged on appeal.

Under C.R.S. § 14-10-106, Colorado imposes a mandatory 91-day waiting period before a divorce can be finalized. That clock starts when the responding spouse is served, or on the date of filing if both spouses file jointly. Contested cases involving discovery and multiple hearings commonly take six months to over a year, depending on complexity and the Denver District Court’s calendar.

Child Custody and Parenting Plans in Denver Contested Divorces

Colorado courts refer to custody as the allocation of parental responsibilities, covering both decision-making authority and parenting time. The Denver District Court reviews all parenting arrangements under the best interests of the child standard, considering living arrangements, each parent’s support of the child, and how well parents cooperate with each other. Parenting plans must address regular schedules, holiday arrangements, and who makes major decisions about education, healthcare, and other significant matters.

Denver judges encourage parents to reach their own parenting agreements, but they will issue orders when parents can’t. Child custody disputes often require parenting classes that help both parents understand how dissolution of marriage affects children. When custody disputes are anticipated, we help you prepare for evaluations, mediation, and required documentation, and we encourage parenting solutions that satisfy Colorado legal standards while fitting your family’s practical needs.

Frequently Asked Questions

How long does a contested divorce take in Denver?
Colorado requires a 91-day waiting period before a divorce can be finalized, but genuinely contested cases with discovery, hearings, and possible trial commonly take six months to over a year. The Denver District Court’s scheduling and the complexity of disputed issues both affect the timeline.

Will I have to appear in court in person?
Most contested divorces require at least one in-person appearance. Status conferences and mediation may occur virtually, but final hearings typically take place at the Denver District Court in person.

Does Colorado require parenting classes?
Denver courts often require parents in custody cases to complete parenting classes covering how divorce affects children. These classes are typically required before a final parenting plan is approved.

Can a contested divorce still settle before trial?
Yes. Many contested cases resolve through mediation or negotiation before a trial date, even after both sides have filed contested positions and discovery is underway. Settlement is possible at almost any point in the process.