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 For cases involving the allocation of parental responsibilities, Colorado statute has established the roles of a Child and Family Investigator (CFI) and a Child Legal Representative (CLR). Courts may now appoint a CFI or a CLR in custody cases rather than a Guardian ad Litem, depending on details of the case. A…
Key Takeaways Written notice and court approval are required before relocating if there is a custody order in place and one parent does not support the relocation. Relocation disputes often involve modification of parenting time and decision-making authority. Colorado courts focus on the child’s best interests when evaluating relocation requests. Judges closely examine stability,…
Key Takeaways Colorado courts deny spousal maintenance when the requesting spouse earns a comparable income or is financially self-sufficient. Marriages under three years are not subject to Colorado’s advisory maintenance formula. A valid prenuptial agreement that waives spousal maintenance is enforceable under Colorado law. Substantial property awarded in a divorce can eliminate the need…
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…
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.