A divorce is a devastating event for most people. Even if the relationship has been unfulfilling for a long time, the decision to divorce often brings up feelings of anger, betrayal, shame, failure, and fear for the future. Amid all those heavy emotions, people might not make the best decisions regarding parenting, finances, and splitting assets.
A skilled and sympathetic family lawyer might be your most valuable asset if you are going through a divorce. A seasoned Loveland divorce lawyer at Colorado Lawyer Team can see you through the process and help you come to a fair final resolution that puts you in a position to move you and your family forward with confidence.
Why Hire Us for Your Divorce in Loveland?
Going through a divorce can be one of the hardest times in your life. You’re dealing with emotional stress, financial worries, and anxiety about the way your life and family have changed. At Colorado Lawyer Team, we understand what you’re going through and are here to help you through this difficult time.
Here are six reasons to choose us for your divorce case in Loveland:
- We Care About Your Future: We’re a small firm by choice. While larger firms might rush you through the system, we take the time to learn about your goals, such as protecting your relationship with your children, securing fair financial terms, or simply getting through this as smoothly as possible.
- We’re Available When You Need Us: Life doesn’t stop at 5:00 p.m., and neither do your divorce concerns. Our phones are answered 24 hours a day, seven days a week. When you need an emergency protective order or your spouse’s actions are worrying you, you can reach our firm and know that our family law attorneys will see the message and get back to you as soon as possible.
- We Bring a Different Perspective: As an all-women attorney law firm, we often connect with our divorce clients in ways that other firms might not. We’re great at multitasking and problem-solving, and we bring genuine empathy to your situation. Several of our experienced divorce lawyers are parents themselves and know firsthand the challenges of balancing family, work, and major life changes.
- We Use Technology to Save You Time and Money: We’re completely paperless and tech-savvy, which means we work efficiently and keep your costs down. You can meet with our experienced attorneys virtually, review documents online, and get updates on your case without having to come to our office. Our Loveland location is available by appointment, but many clients prefer the convenience of handling things remotely.
- We Offer Flexible Payment Options: We offer payment plans, accept all major credit cards, and have reduced rates for clients who qualify. During your free 30-minute consultation, we’ll give you a clear quote for our services. We can also offer you financing through Affirm/Pay Later with our payment processor Law Pay or third-party lender information with Eaze Consulting.
We’re equipped to handle not just your family law matter, but also any related issues that come up. If you’re dealing with employment problems because of your divorce, we can help. If there are criminal matters involved (e.g. domestic violence), we’re here for you. Let’s talk about how we can help you move forward and thrive.
Getting Divorced in Colorado: What You Need to Know
Colorado is a “no-fault” divorce state, which means you don’t have to prove that your spouse did something wrong to get divorced. You just need to tell the court that your marriage is “irretrievably broken,” which means that it can’t be fixed.
Do You Qualify?
To file for divorce in Colorado, at least one spouse must have lived in the state for at least 91 days before filing. You’ll file in the county where you or your spouse lives. If you have children, Colorado requires you to have lived here for at least 182 days before filing any custody-related paperwork.
How to File for Divorce in Loveland
The legal term for divorce in Colorado is “dissolution of marriage.” To get started, you’ll need to complete several forms, including:
- Petition for Dissolution of Marriage (JDF 1101)
- Case Information Sheet (JDF 1000)
- Summons for Dissolution of Marriage (JDF 1102)
If you have children, you’ll also need a Sworn Financial Statement (JDF 1111).
You can file jointly with your spouse as “co-petitioners” or individually. Joint filing is usually simpler and more cost-effective since you only pay one filing fee but there is no real benefit or need to race to be the first to file. If you file alone, you must officially notify your spouse through formal service. You have several options:
- Personal service by a sheriff or private process server
- Having your spouse sign a waiver accepting the papers
- Service by publication if you can’t locate your spouse.
After being served, your spouse has 21 days to respond if served in Colorado, or 35 days if served outside the state. You then have 42 days to exchange mandatory financial disclosures such as sworn financial statements, three months of pay stubs, last year’s tax returns, bank statements, retirement account statements, mortgage statements, and credit card statements.
The court will schedule an Initial Status Conference that both spouses must attend. At this meeting, you’ll set temporary orders for finances and children, discuss what issues you agree or disagree on, create a timeline for your case, and learn about required parenting classes if you have children.
Colorado requires a 91-day “cooling off” period from the date of service before your divorce can be finalized, even if you agree on everything. If you have children, both parents must complete a court-approved parenting class. Some counties also require mediation before you can set a final hearing date.
What Gets Decided During Your Divorce?
Your divorce will address several major areas that affect your future.
Property Division
Colorado follows “equitable distribution” rules. This means that if you and your spouse can’t come to your own agreement, a judge will seek to divide all marital property fairly. It is important to note that equitable in this instance means ‘fair’ and not a precise 50-50 split. When determining how to divide everything, the court will look at:
- Each spouse’s contribution to the marriage, including services as primary caregiver and homemaker
- Value of property each spouse brought into the marriage and will retain after the divorce
- A spouse’s economic circumstances at the point the marriage ends
- Consideration of the value of keeping the family home for the spouse with primary physical custody of minor children
Marital property includes everything acquired during the marriage, regardless of whose name is on it. Separate property (like inheritances or gifts to one spouse) usually stays with that person. However, if separate property increased in value during the marriage, that increase might be considered marital property.
It is important to note that, like marital assets, debts acquired during marriage are typically considered marital debt, regardless of whose name is on the account. The court will divide these debts equitably, considering who benefited from the debt and each spouse’s ability to pay. You can always negotiate debt or assets as attributable to one person, though, if both parties are in agreement.
Example: Tyler and Kayleigh have been married for eight years, with Tyler earning $75,000 annually as an engineer while Kayleigh earned $45,000 as a teacher. However, she left the workforce for three years to raise their son. In their divorce, the court considers Kayleigh’s career sacrifice by giving her a larger portion of the marital home equity to offset the gap in retirement savings. The judge aims for both to leave the marriage on reasonably equal financial footing.
Spousal Maintenance (Alimony)
Colorado uses guidelines to calculate spousal maintenance for marriages lasting 3-20 years. The formula considers:
- Each spouse’s gross income
- Length of the marriage
- Age and health of both spouses
- Standard of living during the marriage
- Each spouse’s financial resources
For marriages under three years in duration, maintenance is less likely to be awarded. Those that last between three and 20 years generally use the following formula:
- For a three-year marriage: 31% of combined adjusted gross income for 11 months
- For a five-year marriage: 35% of combined adjusted gross income for 21 months
- For a 10-year marriage: 45% of combined adjusted gross income for 54 months
- For a 15-year marriage: 50% of combined adjusted gross income for 90 months
- For a 20-year marriage: 50% of combined adjusted gross income for 120 months
For marriages over 20 years, judges have more discretion. Maintenance can be temporary (rehabilitative) or longer-term, depending on circumstances.
Example: Kayleigh has requested alimony from Tyler to support her while she upskills. Since they were married eight years, Kayleigh might receive about 40% of their combined adjusted gross income for approximately 40 months. The actual amount could vary based on Kayleigh’s current income or earning potential. The court may also factor in her reduced earning capacity after being out of the workforce and extend the maintenance period to help her regain financial independence
Parental Rights and Responsibilities (Child Custody Arrangement)
Colorado doesn’t use the term “custody” anymore. Instead, the law refers to “allocation of parental responsibilities.” This includes:
- Decision-making responsibility (major decisions about education, healthcare, religion)
- Parenting time (physical custody schedule)
- Holiday and vacation schedules
- Communication between parents
Because courts prioritize the “best interests of the child,” a judge will consider factors like each parent’s relationship with the child, the child’s adjustment to home and school, and any history of abuse or neglect before making an appropriate custody decision.
Example: Tyler and Kayleigh have a six-year-old son, Max, but disagree on how to share custody. Since both parents have been active in Max’s life and live 20 minutes apart, the court grants them joint decision-making responsibilities. This parenting time schedule gives Max weekdays with Kayleigh during the school year, while Tyler has every weekend plus Wednesday overnight visits. They split summer break equally with two-week rotations. The court also orders them to use a co-parenting app and meet in person quarterly to discuss any issues with their son’s development or needs.
Child Support
Colorado uses a detailed Income Shares Model to calculate support based on what the parents would spend on their children if still together. Here’s how it works:
- The parties must provide a Sworn Financial Statement (JDF1111) and Certificate of Compliance (JDF1104) to the court. In addition, Rule 16.2 requires financial disclosures be provided directly to the opposing party. Monthly averages for all income/expenses and assets/debts will be used when calculating child support using a formula.
- The court first determines both parents’ gross monthly incomes before taxes and deductions.
- It then accounts for the number of children involved (with increasing amounts for each additional child) and adjusts the payment based on the parenting time schedule, with reductions for parents having 92 or more overnights per year.
- The court adds health insurance premiums for the children, work-related childcare costs, and extraordinary medical expenses to the basic support obligation. It also considers other factors like educational expenses or special needs.
Either parent may request a modification if circumstances change substantially, which usually means a 10% or greater change in the support amount.
Example: In Tyler and Kayleigh’s case, Tyler earns $6,250 monthly as an engineer while Kayleigh earns $3,750 monthly teaching part-time after returning to work. Their parenting plan gives Kayleigh 250 overnights per year and Tyler 115 overnights. Tyler’s company provides health insurance for Max at $250 monthly, and Max’s after-school care costs $400 monthly during school months.
Using Colorado’s formula, the court first calculates their combined monthly income of $10,000, then determines the basic support obligation for one child. Since Tyler has significant parenting time (over 92 overnights), he receives a 28% adjustment. The court adds the $250 insurance premium and $400 childcare costs, then proportionally divides this amount based on income (Tyler covers 62.5% and Kayleigh 37.5%). After all calculations, Tyler pays Kayleigh approximately $820 in monthly child support, which would continue until Max turns 19 or graduates high school, whichever comes first.
Can Your Partner Stop the Divorce?
Since Colorado is a “no-fault” state, if you want to end your marriage, you can do so even if your spouse doesn’t agree. All you need to tell the court is that your marriage is “irretrievably broken.” Your spouse’s agreement isn’t needed.
Let’s look at what might happen with Tyler and Kayleigh. If Kayleigh files for divorce but Tyler doesn’t want to end the marriage, he has limited options. He can refuse to participate in the divorce process, but this won’t stop it. Instead, it could result in a default judgment where Kayleigh gets much of what she asked for in her initial filing. Tyler’s better option would be to respond to the divorce petition and take part in the process to have a say in decisions about their son Max, asset division, and financial matters.
The bottom line in Colorado: if one person wants a divorce, they’ll get it. The only real choice the other spouse has is whether to participate constructively in the process.
What if You Can’t Locate Your Spouse?
If you can’t find your spouse to serve them divorce papers in Colorado, you still have options. The court allows for “service by publication” in cases where a spouse genuinely can’t be located. This method is considered a last resort after you’ve made reasonable efforts to find them.
In Tyler and Kayleigh’s situation, imagine Tyler wants a divorce, but Kayleigh has moved away without leaving a forwarding address. Tyler would first need to try reasonable methods to locate her: checking with family and friends, searching social media, hiring a private investigator, or checking with her last known employer. He’d need to document all these attempts.
If these efforts fail, Tyler could ask the court for permission to serve by publication. He’d file a motion explaining all the steps he took to find Kayleigh. If the judge agrees Tyler has made reasonable efforts, the court will allow him to publish a notice in a newspaper in the area where Kayleigh was last known to live. This notice must run once a week for five weeks.
After publication, the court considers Kayleigh “served,” and Tyler can proceed with the divorce. If Kayleigh doesn’t respond within 35 days after the last publication date, the court can issue a default judgment. However, this type of service limits what Tyler can ask for in the divorce. The court can grant the divorce itself and divide property in Colorado, but might not rule on things like spousal support or child custody if Kayleigh isn’t there to participate.
Keep in mind that service by publication adds time and expense to your divorce and should only be used when truly necessary.
Schedule a Consultation With a Loveland Divorce Attorney Today
Although divorce is always hard, having an experienced advocate by your side can make a big difference. If you are considering a divorce or the legal dissolution process is already underway, an initial consultation with a Loveland divorce lawyer is well worth your time. Call today to get started on your case. For more information, call (970) 344-9401 or contact us online today.