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Divorce Process in Denver

How is divorce different in Colorado?

Colorado state law allows a married couple to file for divorce when the marriage is “irretrievably broken.” No other grounds are necessary. In fact no other grounds – such as adultery, domestic violence or abandonment – are available, since Colorado is entirely a no-fault divorce state.

Dedicated Legal Defense When It Matters Most

When you bring forth the unresolved issues at trial, before the judge makes his decision your attorney will have the opportunity to bring forth any evidence, witness testimonies, financial documents or anything else that could possibly help your case. It usually ends up being one spouse’s word against the other which makes it more difficult for the court to decide. Ultimately, the judge will have the final decision which means that you have less control over the outcome than if you were to file for uncontested divorce. Every divorce is unique and requires a personalized approach. With the help of a divorce attorney from Jones Law Firm, PC, you can help determine if a contested divorce is right for you.

Contested vs. Uncontested Divorce

The first step in getting a dissolution of marriage is to determine whether you will be filing jointly or singly. The former is an option if you and your spouse are in agreement about getting the dissolution of marriage and want to work together to achieve an uncontested divorce, whereas the latter is more frequently used in cases of contested divorce during which the spouses will engage in adversarial litigation or where the other spouse has abandoned the other and must be served with a summons.

Petition and Response

If you will be filing on your own, your divorce lawyer will meet with you to draft a petition which includes the terms which you demand for child custody and visitation, division of property and the payment of spousal support. The petition and summons will then be formally served on your spouse, who must then file a response in which he or she may either accept or dispute your terms. If your spouse does not submit a response soon enough, you may be able to file for a default judgment which grants your terms without any further contest. If, on the other hand, your spouse chooses to contest the terms, the judge may order the two of you to attend mediation as an attempt at alternative dispute resolution in order to avoid a trial.

What does mediation involve?

It may be advisable for you and your spouse to pursue mediation whether it is ordered by the court or if you are hoping to pursue an uncontested divorce.

Some things to know about mediation:

You and your spouse will meet with a trained mediator.

The mediator does not represent either party, but serves to guide the negotiation process and help you and your spouse work out a settlement agreement on matters of custody and visitation, asset and debt division, alimony and child support.

At the end of successful mediation, you and your husband or wife will have established an agreement which you can then bring before the judge for your final hearing.

At the final hearing, the judge will review the document to ensure that it is legally valid and then issue a set of final orders.

Divorce Trial

In the event that mediation is unsuccessful in resolving the issues involved in your divorce, it will be necessary to go to a contested hearing. In such a case, your divorce will be decided at trial, during which both parties will have the opportunity to introduce witnesses and evidence to support their arguments and to advocate for their side.

In preparation of the case, your Colorado family attorney may engage in legal discovery, filing motions to compel your spouse to disclose financial information, as well as taking sworn deposition of testimony from witnesses whose statements may have the power to influence the outcome of your divorce. Whether your divorce is contested or uncontested, the end result will be a set of court orders concerning parental and property rights, and you and your spouse will then be required to abide by these orders unless you can later petition for a modification.

Let a Lawyer Guide You. Call Jones Law Firm, PC Today!

Before you take any further steps toward filing for divorce, contact Jones Law Firm, PC for an initial consultation with a family lawyer from our team. You have too much at stake in this situation to take any chances with the final outcome of your case, and you owe it to yourself to hire an experienced advocate to guide you through the process and to defend your personal interests. Call or visit us now to take action!

Client Testimonials

Compassionate & Effective Counsel That Makes a Difference

quote iconApril is very knowledgeable of the law and will not let you down.

I cannot be more happy with the April Jones Law Firm! I hired her in 2012 for disputes over child support and other items, we had to go to court 3 times on separate matters and every time we were successful. April is very knowledgeable of the law and will not let you down. If I ever need a family law attorney I will call April Jones.

Alan

quote iconI would have jumped over the net and shook your hand today

Voice message to attorney April Jones from opposing counsel following a successful hearing: Boy I would have jumped over the net and shook your hand today, but there was no net!

T.S.

quote iconI couldn’t have gotten a better outcome.

April is awesome! She definitely knows what’s going on with everything in court. I couldn’t have gotten a better outcome.

Terri

quote iconApril and staff were wonderful.

April and staff were wonderful. It made a difficult time of life softer while maintaining my dignity.

B.H.

quote iconThe firm is professional, positive and grounded in their approach.

Once the process became too difficult for me to navigate through I decided to seek Family Law services.

The firm is professional, positive and grounded in their approach. Everyone in the office is always willing to help and is extremely flexible, which I can say is valued by a working professional. There has always been open and prompt communication. Hannah ultimately won our case, and she did so by having strong intellect, presentation skills, and a genuine interest in the well-being of both my daughter and I. I will continue to value the relationship and expertise long after the issues are resolved.

R.P.M.

quote iconApril is well prepared and understands the law and court processes and procedures well beyond anything I have experienced, ensuring success.

I really appreciated April’s straightforward, no-nonsense approach to settling my divorce. It was very refreshing. April is well prepared and understands the law and court processes and procedures well beyond anything I have experienced, ensuring success. I will be a customer for life.

J.M.

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Firm Videos

Family Law Information

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Parenting – Tips for Becoming an Involved Parent

Parenting - Tips for Becoming an Involved Parent

Parental Alienation – Parental Alienation: Protecting Your Children

Child Support – Can I Stop Paying Child Support if My Ex Won’t Let Me See My Kids?

Alimony – Does Cheating Affect Alimony in Colorado?

Finances Video – 5 Important Financial Facts to Know Before Separating from Your Spouse

Cheating Video – 5 Things to NOT DO When You Find Out Your Spouse is Cheating

Colorado’s ‘gray divorce’ rate among highest in U.S.

Our Blog

Latest News & Information

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Divorcing a Narcissist? How to Protect Yourself and Your Family

When you finally realize your most reliable partner is a narcissist inflicting emotional abuse on you and your children, how do you escape safely? Divorcing a narcissist isn’t always easy, but you don’t have to go through it alone. Colorado divorce attorney April D. Jones and the senior attorneys at Jones Law Firm, P.C., describe the path from identifying your spouse as a narcissist to finding the right divorce attorney to represent you in your …

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25 October 2022
Are You Entitled to Spousal Support in Colorado?

In Colorado, courts refer to alimony or spousal support as “spousal maintenance” (or just simply “maintenance”). Courts may award maintenance on a permanent or temporary basis, depending on the circumstances. However, a spouse is not automatically entitled to maintenance, so the court must generally evaluate the situation before deciding whether to award alimony and the amount and duration of payments.  Support may be provided temporarily during the divorce process. A court may also award rehabilitative …

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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation.
This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.


Our team includes attorneys licensed to practice in multiple states including April D. Jones in California, Patrick G. Barkman in Texas, the Cherokee Nation, the Northern District of Texas, and the District of Colorado (United States Court of Appeals 10th and 5th Circuit), and Stuart Wallace in Illinois.