Divorce
When divorce becomes necessary, you likely have a variety of questions and concerns about the process. You might be worried about the future of your finances: Will your ex get everything or more than you think is fair? And if you share children, those concerns may be compounded as you question whether you’ll pay or receive child support and what the custody plan will look like. How will co-parenting work? Finances and child custody arrangements are just two aspects of divorce that make it a highly stressful, emotional experience.
Having a skilled, compassionate attorney in your corner who will look out for the best interest of your children can help make the process easier. At Andersen Law PC, our attorneys have guided hundreds of clients through divorce in a variety of situations, including those that are high-conflict. We promise to always do our best to ensure the divorce process is as smooth as possible.
Mediation, Unbundled or Full-Time Divorce Counsel
If the breakup is uncontested by either party, we can assist you in filing your court papers accurately, getting court approval and reaching a fair agreement. Mediation or unbundled legal services may be the most affordable and expedient in these amicable divorce cases.
On the other end of the spectrum if your breakup is hotly contested — typically involving high conflict, domestic violence and custody disputes — you may need an attorney to enter an appearance, stand up to opposing counsel, and handle all court appearances and motions. In these cases, it makes sense to retain an Andersen Law PC attorney as your lawyer full-time throughout the case.
Most divorces fall somewhere in between. That is why our attorneys engage directly and get to know every client personally. By having an attorney who returns your calls, knows you by sight and name, and is directly involved in your case, you benefit from the best possible collaborative relationship that respects your needs, goals, skills, schedule and budget.
There are many complex legal matters that need to be handled properly, at a time when both parties are under a great deal of stress. We encourage you to seek legal assistance in the early stages of your divorce proceedings, so that you can benefit from the advice of a lawyer experienced in the intricacies of divorce law.
To discuss your divorce case with an attorney, call Andersen Law PC at 720-922-3880 or schedule your free consultation by clicking the button below.
Frequently Asked Questions About Divorce
The Divorce Process
How long does a divorce take in Colorado?
The minimum time to finalize a divorce in Colorado is 91 days from the date the other spouse is served, according to Colorado Revised Statute 14-10-106(1)(a)(III). Uncontested divorces, where both spouses agree on all terms, can sometimes wrap up close to that mark. Contested cases, where a judge must resolve disputed issues, often take a year or more. Mediation can help couples reach agreement without a full court process, reducing both the timeline and cost. An attorney can help identify early on where agreement is possible.
What is the difference between contested and uncontested divorce in Colorado?
An uncontested divorce means both spouses agree on all the terms of the divorce — including property division, debt allocation, parenting time, decision-making responsibility, child support, and spousal maintenance, if applicable. A contested divorce means the spouses disagree on one or more of those issues, and a judge must resolve them. Uncontested divorces are generally faster and less expensive. However, reaching a full agreement can be difficult without legal guidance, and an agreement that isn’t properly documented or legally sound can create problems later.
Do both spouses have to agree to get divorced in Colorado?
No. Colorado is a no-fault divorce state, which means either spouse can file for divorce without the other’s consent and without proving wrongdoing. The only legal ground for divorce in Colorado is that the marriage is “irretrievably broken.” If one spouse contests the divorce itself rather than the terms, a court can still grant the divorce after a hearing. A spouse cannot prevent a divorce from happening by refusing to participate, though non-participation can affect how the court resolves financial and parenting issues.
When can I file for divorce in Colorado?
According to Colorado law, at least one spouse must have been a resident of the state for at least 91 days before filing for divorce. (Note: This is a separate requirement from the 91-day waiting period that begins after filing.) If the couple has minor children, the children generally must have lived in Colorado for at least six months before a Colorado court can make custody and parenting time decisions. If you recently moved to Colorado or your children recently moved here, it is worth discussing timing and jurisdiction with an attorney before filing.
What happens if my spouse won’t respond to divorce papers?
If a spouse is properly served with divorce papers and fails to respond within the required time, the filing spouse can request a default. The court can then grant the divorce and approve the filing spouse’s proposed terms without the other spouse’s participation, though a judge still reviews the proposed orders before approving them. If you’re having difficulty locating a spouse to serve them, attorneys at Andersen Law PC can help you pursue alternative service.
Child Custody and Parenting Time
What is the difference between legal custody and physical custody in Colorado?
Colorado courts use the terms “decision-making responsibility” and “parenting time” rather than legal and physical custody, though the underlying concepts are the same. Decision-making responsibility refers to which parent — or whether both — will have authority over major decisions about a child’s education, health care, and religious upbringing. Parenting time refers to the schedule that determines where the child lives and when. Courts can allocate these independently, so it’s possible for parents to share decision-making while one parent has the majority of parenting time.
How does a Colorado court decide parenting time?
Colorado courts determine parenting time based on the best interests of the child. Judges consider factors including each parent’s relationship with the child, ability to support the child’s relationship with the other parent, the child’s adjustment to home, school, and community, and any history of domestic violence or abuse. There is no automatic preference for mothers or fathers. Courts start from the position that children benefit from meaningful relationships with both parents, unless there is a safety reason to limit contact.
Can a child choose which parent to live with in Colorado?
A child’s preference can be considered, but it is not the deciding factor. Colorado law allows courts to take a child’s wishes into account depending on the child’s age and maturity, but there is no specific age at which a child’s preference becomes binding. A judge may speak with a child directly or appoint a child and family investigator to gather the child’s perspective. Ultimately, the court’s decision is based on the full best-interests analysis, not the child’s preference alone.
What is a parenting plan and do we have to have one?
A parenting plan is a written agreement that outlines how parents will share decision-making responsibility and parenting time after a divorce or separation. In Colorado, a parenting plan is required in any case involving minor children. It should address the regular parenting schedule, holidays and school breaks, how parents will communicate about the children, and how future disputes will be handled. Parents can submit their own agreed parenting plan or a judge will establish one if the parents cannot agree.
How do I modify a custody order after the divorce is final?
Custody orders can be modified in Colorado, but the process depends on what you are asking to change and when. To modify parenting time, a parent must show that circumstances have changed substantially and that the modification serves the child’s best interests. To modify decision-making responsibility, the standard is higher — generally requiring either an agreement between the parents, a showing that the current arrangement endangers the child, or that at least two years have passed since the order was entered. Modifications are not granted simply because one parent is unhappy with the current arrangement. An Andersen Law PC attorney can help guide you through a modification.
Child Support
How is child support calculated in Colorado?
Colorado uses an income shares model to calculate child support, which means both parents’ incomes are considered. The guidelines were substantially updated in March 2026. The calculation takes into account each parent’s gross income, the number of overnights each parent has with the child, the cost of health insurance for the child, and work-related child care expenses. The result is a guideline amount that courts treat as the presumptive correct amount. Either parent can ask the court to deviate from the guideline amount, but they must show that applying the standard formula would be inequitable or serve the child’s best interests.
Did Colorado recently change how child support is calculated?
Yes. Effective March 1, 2026, Colorado updated its child support guidelines via HB25-1159, the most significant revision to the state’s child support formula in decades. The updated guidelines revised the economic tables used to estimate the costs to account for Colorado’s high cost of living, adjusted how parenting time is factored into the calculation, and added new self-support protections for low-income parents. If your child support order was established before the new guidelines took effect, it may no longer reflect current standards and that could be grounds for a modification review.
At what age does child support end in Colorado?
In Colorado, child support generally continues until a child turns 19. This is different from many other states, where support ends at 18. Support may continue beyond 19 in limited circumstances, such as when a child has a mental or physical disability that prevents self-support. It can also terminate earlier if a child becomes emancipated before age 19, gets married or joins the military.
What happens if a parent doesn’t pay child support in Colorado?
Unpaid child support in Colorado can result in serious consequences for the nonpaying parent. Enforcement tools include wage garnishment, interception of tax refunds, bank account seizure, and suspension of a driver’s and recreation licenses. The Colorado Child Support Services program can assist with enforcement. An attorney like those at Andersen Law PC can help you navigate the process, advocate for your rights and ensure that your child’s best interests are protected.
Can parents agree to a different child support amount than the guidelines suggest?
Parents can agree to a child support amount that differs from the guideline calculation, but a judge must approve it. Courts will not approve an agreed-upon amount that is lower than the guidelines unless both parents demonstrate that the deviation serves the child’s best interests and that the child’s needs will still be met. Agreements that waive child support entirely are generally not enforceable in Colorado — child support is considered the child’s right, not the parents’, and cannot be bargained away.