Expert Guidance for Contested Divorce in Colorado
Navigating a divorce is a challenging process. When you and your spouse cannot agree on the terms of your separation, it becomes a contested divorce, requiring skilled legal representation to protect your interests. At H&H Law, we recognize the sensitivity and legal intricacy of these disputes. Our team provides dedicated, comprehensive counsel to individuals across Colorado facing the complexities of contested divorce proceedings. We are prepared to protect your rights and guide you toward a favorable resolution.
What is a Contested Divorce?
A contested divorce occurs when spouses cannot reach an agreement on one or more key issues related to their separation. This is in contrast to an uncontested divorce, where the parties agree on all terms and simply need the court to formalize their agreement.
In a contested divorce, legal intervention becomes necessary. The disputes require both parties to present evidence and arguments in court, and a judge will ultimately make the final decisions. These cases often involve heightened emotions and demand a meticulous, strategic approach to each disputed issue. The attorneys at H&H Law have the expertise to navigate the challenges of a contested divorce, ensuring your rights are vigorously defended at every stage.
Common Issues in a Contested Divorce
Disputes in a contested divorce can arise over any aspect of the separation. The most common areas of conflict include:
- Division of Marital Property and Debt: Determining what constitutes marital property versus separate property and how it should be divided equitably. This often involves complex assets such as businesses, investments, and real estate.
- Spousal Maintenance (Alimony): Whether one spouse is entitled to financial support from the other, and if so, for how much and for how long.
- Allocation of Parental Responsibilities (Child Custody): Establishing decision-making authority and creating a parenting time schedule that is in the best interests of the children.
- Child Support: Calculating the appropriate amount of financial support for the children based on Colorado’s statutory guidelines, which considers parental incomes and parenting time.
At H&H Law, our attorneys provide sophisticated counsel to all families. We understand that Colorado law applies equally to all married couples. A key consideration, particularly for same-sex couples whose relationships predate the landmark Obergefell v. Hodges decision, can be establishing the legal start date of the marriage for the purposes of property division and spousal maintenance. Our team is experienced in handling these nuanced legal arguments.
The Contested Divorce Process in Colorado
Understanding the legal process can help demystify the path ahead. While every case is unique, a contested divorce in Colorado generally follows these key steps:
1. Filing the Petition
The divorce begins when one spouse (the “Petitioner”) files a Petition for Dissolution of Marriage with the court. The other spouse (the “Respondent”) is then formally served with the paperwork and has a specific timeframe to file a Response. The parties can also file, together, as “co-petitioners”.
2. Initial Status Conference (ISC)
Shortly after the case is filed, the court will hold an Initial Status Conference. At the ISC, the parties and their attorneys meet with the Family Court Facilitator to discuss the disputed issues, expert issues, and set a schedule for the case. These deadlines are designed to keep cases moving forward efficiently and timely.
3. Financial Disclosures and Discovery
Both parties are required to provide complete financial disclosures to each other under C.R.C.P. 16.2. In a contested case, this is often followed by a formal “discovery” process, where attorneys can request additional documents, send written questions (Interrogatories), or conduct depositions to gather necessary evidence.
4. Temporary Orders
If there are urgent issues that cannot wait until the final divorce decree, such as temporary parenting time, child support, payment of certain bills, or use of the marital home, either party can ask the court for a Temporary Orders hearing. The judge will make interim rulings that remain in effect while the divorce is pending. These orders expire upon the entry of Final Orders.
5. Mediation
Most Colorado courts require parties to attend mediation before they can proceed to a final hearing. Mediation is a confidential process where a neutral third-party mediator helps the spouses attempt to negotiate a settlement. Our attorneys skillfully represent your interests throughout this process, working toward a fair resolution without the expense and stress of a trial. H&H Law also provides mediation services with both Attorney Jennifer Helland and retired Magistrate Michael Feeney providing those services to the public.
6. Permanent Orders Hearing (Trial)
If settlement negotiations and mediation fail, the case proceeds to a Permanent Orders Hearing (Final Orders), which is essentially a trial. Both sides present evidence, call witnesses, and make legal arguments. The judge then issues a final ruling on all contested matters, which is incorporated into the final Decree of Dissolution of Marriage.
How Long Does a Contested Divorce Take?
The duration of a contested divorce varies significantly based on the complexity of the issues and the level of conflict between the parties. While a mandatory 91-day waiting period exists from the date of service, contested cases almost always take longer. Factors influencing the timeline include:
- The number and complexity of the disputed issues.
- The time required for the discovery process.
- The court’s calendar and availability for hearings.
- The willingness of the parties to negotiate in good faith.
A contested divorce in Colorado can take anywhere from six months to well over a year to complete. Our attorneys work diligently to move your case forward efficiently while ensuring your rights are fully protected.
Why You Need an Experienced Contested Divorce Attorney
In a high-stakes contested divorce, experienced legal counsel is not a luxury—it is a necessity. Hiring a H&H Law attorney provides critical advantages:
- Strategic Legal Guidance: We have a deep understanding of Colorado divorce law and local court procedures. We provide the expert counsel needed to make informed decisions throughout your case.
- Protecting Your Rights and Assets: We are your advocates, ensuring your voice is heard and that you receive a fair and equitable resolution on property division, spousal support, and other financial matters.
- Effective Negotiation: Our attorneys are skilled negotiators who can work to achieve a favorable settlement through mediation or direct talks, potentially saving you the time, expense, and emotional strain of a trial.
- Strong Courtroom Representation: If a settlement cannot be reached, we provide powerful and persuasive representation in court. We are prepared to litigate aggressively to achieve your objectives before the judge.
Contact H&H Law for Your Contested Divorce
In a contested divorce, having a steadfast legal advocate is essential. At H&H Law, we bring experience, strategic thinking, and unwavering commitment to every case. If you are facing the challenges of a contested divorce in Colorado, trust our dedicated team to provide the robust legal representation you need to safeguard your future.
Contact our office today 719-626-4661 or contact us online to schedule a consultation with one of our trusted and experienced attorneys.
