Key Takeaways Filing does not give either spouse an advantage in property, maintenance, or parenting time decisions. Colorado requires 91 days of residency before a decree can be entered. Respondents generally have 21 days to reply after in-state service, or 35 days after out-of-state service. The automatic injunction protects marital property and children but…
Key Takeaways A signed divorce decree is a binding court order, but several practical steps still follow before the case is truly finalized. Property division is generally final in Colorado, while spousal maintenance and parenting time may later be modified. If such accounts exist, a QDRO is required to divide many types of retirement…
Key Takeaways Mediation is a structured negotiation process facilitated by a neutral third party without decision-making authority. Colorado courts require mediation in most divorce cases before proceeding with a contested hearing or trial. Mediation can address property division, parental responsibilities, maintenance support, and post-decree cases. How each party presents their position during mediation directly…
Key Takeaways Colorado requires at least 91 days of domicile in the state in advance of filing the action before a court will have jurisdiction over a divorce case. A court with jurisdiction over the divorce does not always have jurisdiction over property or maintenance issues. Courts may divide jurisdiction over property, maintenance, support,…
Key Takeaways Colorado divides assets through equitable distribution, not community property. Marital property includes assets acquired during marriage regardless of title. QDROs are required to divide 401(k) and 403(b) accounts in divorce. Long marriages may result in longer or indefinite maintenance awards. Ending a long-term marriage in Colorado carries financial and legal pressures that…
Key Takeaways Dissipation centers on deliberate conduct, not poor financial judgment or investment loss. The timing of suspicious transactions and the resulting financial damage both factor into the court’s review. Assets accumulated between the wedding date and a decree of divorce or legal separation fall within the marital estate. When dissipation is established, courts…
Key Takeaways When a spouse receives property through divorce, there is no tax due as a result of that division or transfer. However, if the asset or account is one that has grown in value, but capital gains taxes may be incurred when that asset is eventually sold. For child support and for maintenance…
Key Takeaways Colorado requires a minimum 91-day waiting period before divorce finalization. The 91-day period begins when the court gains jurisdiction over the respondent. When both parties are aligned, uncontested divorces often resolve within three to five months. Contested cases involving assets or parenting disputes routinely extend beyond six months. Financial complexity, unresolved disputes,…
Key Takeaways Colorado divides marital property using an equitable distribution standard, not automatic equal division. Early preparation and documentation often shape temporary orders and negotiation leverage. In high-asset divorces, business valuation and executive compensation classification directly affect equitable division. Parenting time is determined under a best interests standard requiring courts to weigh multiple statutory…
Going through a divorce can be a stressful experience. Even when the relationship has been falling apart for a long time, negotiating and dividing assets can be exhausting. In addition to being emotionally challenging, there are many myths when it comes to asset division. Whether you have heard them from an acquaintance or the…
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Equity Partner Kathleen Ann Hogan, who has more than 20 years of legal experience as a Family Law Attorney in Colorado.