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Navigating Divorce Law in Colorado

Colorado’s divorce laws are designed to promote fairness, reduce conflict, and protect families during a challenging transition. The state follows a no-fault divorce system, meaning couples don’t need to prove wrongdoing—only that the marriage is “irretrievably broken”.  Whether the divorce is contested or amicable, Colorado courts aim to ensure equitable outcomes for both parties. Ross Law P.C. is here to help you.

Residency and Filing Requirements

To file for divorce in Colorado:

• Residency: At least one spouse must have lived in Colorado for 91 days before filing
• Jurisdiction for Children: If children are involved, they must have lived in Colorado for 182 consecutive days prior to filing.
• Filing Process:
• Submit a Petition for Dissolution of Marriage to the district court.
• Pay a $230 filing fee (waivers available for financial hardship).
• Serve the other spouse formally unless filing jointly.

Equitable Distribution of Assets and Debts

Colorado uses an equitable distribution model, meaning marital property is divided fairly, not necessarily equally. Here's what's involved:

• Marital Property includes assets and debts acquired during the marriage.
• Separate Property (e.g., inheritances, gifts, pre-marital assets) remains with the original owner unless commingled.
• Factors Considered:
• Each spouse’s financial situation
• Contributions to the marriage (including homemaking)
• Duration of the marriage
• Impact on children and family home
• Dissipation of assets (e.g., gambling, substance abuse)

Spousal Maintenance (Alimony)

Spousal support in Colorado is called spousal maintenance and is awarded based on need and ability to pay.

• Eligibility: Must demonstrate financial need and the other spouse’s capacity to pay.
• Calculation Formula (for marriages 3–20 years, income under $240,000):
• 40% of higher earner’s income minus 50% of lower earner’s income.
• Duration: Typically 31–50% of the marriage length; indefinite support possible for marriages over 20 years.

Child Custody and Support

Colorado prioritizes the best interests of the child in custody decisions.

• Parental Responsibilities include decision-making and parenting time.
• Joint Custody is preferred when both parents are fit and cooperative.
• Child Support is calculated using state guidelines, factoring in:
• Income of both parents
• Number of overnight stays
• Health insurance, childcare, and other expenses

Recent Legal Updates in Colorado Divorce Law

Colorado has enacted significant reforms to better protect children and survivors of domestic abuse :

• Child Interviews in Custody Cases:
• Courts must give paramount consideration to allegations of abuse when deciding whether to interview children.
• Domestic Violence Training:
• Judges, investigators, and evaluators are now required to undergo mandatory training on domestic violence and coercive control.
• Expanded Definitions of Abuse:
• Includes behaviors like isolating a partner, controlling finances, or monitoring communications.
• These changes aim to improve child safety and ensure informed custody decisions.



Why Choose Ross Law for Your Divorce Case

At Ross Law, we understand that divorce is more than a legal process—it's a life transition. Our team is committed to guiding you through every step with clarity, compassion, and strategic expertise. When you choose us, you're partnering with a firm that delivers results and prioritizes your future.

What Sets Us Apart in Divorce Representation

• Virtual Consultations: Flexible scheduling and remote access make it easy to get the legal support you need—wherever you are.
• Colorado-Based and Community-Focused: Proudly serving Colorado residents since 2018, with deep knowledge of local courts and procedures.
• Strategic Legal Advocacy: We take an assertive yet thoughtful approach to protect your rights and secure favorable outcomes.
• Award-Winning Client Service
• Avvo Client’s Choice since 2013
• AV-Preeminent Peer Rating since 2019
• Selected to Rising Stars (2014–2018)
• Recognized by Super Lawyers (2020–2025)

Let’s Talk About Your Divorce Options

Divorce can be emotionally and financially complex—but you don’t have to face it alone. At Ross Law, we offer personalized guidance to help you make informed decisions about property division, spousal support, and parenting arrangements. Our experienced divorce attorneys are here to protect your interests and help you move forward with confidence.

Contact Ross Law Today

Schedule a confidential consultation to discuss your situation and explore your legal options. We’ll handle your case with the sensitivity it deserves and the skill it demands.