Warren, Carlson & Moore, LLP

How to divorce in Colorado

If you and your spouse are ready to call it quits, you may be interested in divorce. For Colorado residents, divorce can be simple or complex depending on your situation.

Here are the basics of divorce:

  1. You must have lived in Colorado for at least 91 days.
  2. A judge must find that your marriage is irretrievably broken.
  3. You (or your spouse) must file for divorce and have the papers sent to the other person.
  4. The spouse who received the papers must either agree to the terms or contest the divorce.
  5. Asset division, child custody, alimony and child support agreements will need to be made and agreed upon.

The divorce process may get complex around step 4. If your spouse agrees to the terms of the divorce papers that you created, then you will have an uncontested divorce. If your spouse does not agree to the terms, you will enter a contested divorce.

Uncontested divorce vs. contested divorce

In an uncontested divorce, both spouses agree on the terms of their divorce. Couples must agree on all aspects, including property division, alimony, child support and custody. If the spouses cannot come to an agreement on their own, the divorce turns into a dispute.

A contested divorce results in each spouse hiring an attorney. The spouses and their attorneys may then have a meeting to discuss and agree upon the terms of the divorce. If the couple still cannot agree, the divorce will go to court and the litigation process with begin.

The two final steps above may become intertwined. Most couples have difficulty agreeing on child custody and asset division. An uncontested divorce is less common than a contested divorce.

After the divorce terms have been agreed upon by both parties, the divorce can be finalized.

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