Contested Divorce in Colorado
A contested divorce in Colorado is a dissolution of a marriage case where you and your spouse cannot agree on at least one major issue. That can mean parenting time, decision-making, property division, debt allocation, child support, or spousal maintenance. Whatever you cannot resolve, the court will decide for you.
That moves your case onto a defined process. You file a petition, exchange mandatory financial disclosures, attend an initial status conference, often request temporary orders, attempt mediation, and if the case does not settle, present evidence at a permanent orders hearing. The decisions a judge makes there shape your finances, your parenting, and your next chapter for years.
You are not just trying to end a marriage. You are setting the legal terms you will live with long after the case closes. Our team at Johnson Law Group treats a contested case as a planning problem first and a courtroom problem second, building a strategy for every issue the court will be asked to decide.
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When a Colorado Divorce Becomes Contested
A Colorado divorce is “contested” the moment one issue is in real dispute. The case does not have to involve a courtroom fight on every issue. Most contested divorces are partially settled and partially litigated, with the parties resolving some terms by agreement and asking the court to decide the rest.
Common triggers for a contested case:
- Disagreement over the parenting schedule or decision-making authority. Parents often agree the children come first but disagree on what that should look like in practice.
- Disputes over how property and debt should be divided. Houses, retirement accounts, businesses, professional practices, and investment portfolios often need valuation before they can be divided fairly.
- Concerns about hidden assets or accurate financial disclosure. When one spouse believes the other is not being truthful about income or assets, formal discovery is usually required.
- Disagreement over spousal maintenance. Whether maintenance should be paid at all, and if so for how long and how much, frequently becomes a litigated issue.
- Significant power imbalance or safety concerns. When negotiation feels unsafe or impossible, the court becomes the safer venue.
If your case shows any of these signals, plan for the contested track from day one. Acting as if a case will settle when it will not cost time, money, and leverage.
How the Contested Divorce Process Works in Colorado
- Confirm residency and file the petition. At least one spouse must be domiciled in Colorado for 91 days before filing. C.R.S. § 14-10-106[1]. The petition is filed in the district court of the county where either spouse lives.
- Serve the other spouse and wait for the response. The responding spouse has 21 days to file a response if served in Colorado, or 35 days if served outside the state.
- Exchange mandatory financial disclosures. Both spouses must exchange detailed financial information within 42 days of service. C.R.C.P. 16.2[2]. Disclosures include income, tax returns, bank statements, retirement accounts, debts, and a sworn financial statement.
- Attend the Initial Status Conference. The court holds an Initial Status Conference (ISC) early in the case, usually within about 42 days of filing. The ISC sets deadlines, identifies disputed issues, and schedules next steps.
- Request temporary orders if needed. Either party can ask the court for temporary orders covering parenting time, support, use of the home, and bill payment while the case is pending.
- Complete discovery on contested issues. Discovery may include subpoenas, depositions, interrogatories, requests for production, and expert witnesses such as business valuators, vocational evaluators, or child and family investigators.
- Attempt mediation. Most Colorado judges require the parties to attempt mediation before scheduling a contested final hearing.
- Attend the permanent orders hearing. If the case does not settle, a judge or magistrate hears evidence and issues final orders on every disputed issue.
How Long a Contested Divorce Takes in Colorado
Most contested Colorado divorces resolve in roughly six to eighteen months. The exact range depends on the issues, the court’s calendar, and how prepared each side is. Cases with straightforward parenting issues and a simple asset picture can finish closer to the lower end. Cases involving a business, complex executive compensation, real estate portfolios, or contested parental responsibilities often run longer.
Three factors drive the timeline most:
- The amount of discovery the case requires. Cases with hidden assets, business interests, or contested income usually need more time to develop the evidence.
- The court’s calendar. A busy district court can push a permanent orders hearing months out.
- Whether the parties settle some issues along the way. Every issue resolved by agreement is one less issue waiting on a courtroom date.
A realistic timeline is part of strategy. Building a plan around a fantasy of finishing in three months usually costs more in the end.
The Issues That Most Often Drive a Contested Divorce
Most Colorado contested divorces turn on a small number of high-stakes issues. Understanding which issues apply to your case shapes the strategy from the first filing.
Parental Responsibilities and Parenting Time
Colorado does not use the term “custody” in its statutes. The state uses “allocation of parental responsibilities,” which covers both parenting time and decision-making for the child. The court applies the best-interests-of-the-child standard and weighs a specific list of statutory factors. C.R.S. § 14-10-124[3]
. Contested parenting cases often involve a Child and Family Investigator or a Parental Responsibilities Evaluator whose report becomes central evidence at the hearing.
The deeper framework for Colorado allocation of parental responsibilities is covered on our child custody hub.
Division of Marital Property and Debt
Colorado is an equitable distribution state. The court divides marital property in a way it considers “just,” which is not always equal. C.R.S. § 14-10-113[4]
. Separate property, meaning assets owned before the marriage or received by gift or inheritance, generally stays with the spouse who owns it. Any appreciation of separate property during the marriage is usually marital, however.
Contested cases often turn on valuation: what a business is worth, what a pension is worth in present-value terms, whether stock options or RSUs are marital, and how debt should be allocated. The mechanics of how the court divides assets are covered in detail on our Colorado property division page.
Child Support and Spousal Maintenance
Child support in Colorado follows a statutory income shares model. Maintenance, often called spousal support, follows a separate guideline framework tied to the length of the marriage and the combined incomes of the parties. C.R.S. § 14-10-114[5]. In contested cases, the underlying numbers are often the fight. What each party actually earns, what they could earn, and what financial picture the court should use all become evidence. Self-employment income, executive compensation, and variable bonuses frequently trigger expert analysis.
A contested divorce in Colorado is too important to face without a plan. Contact us today to schedule a consultation and we will map your case before you make a single major decision.
Temporary Orders During a Contested Case
Temporary orders are the rules that govern the family while the case is pending. They cover where the children live, the parenting schedule, who pays which bills, and whether temporary support is required. Temporary orders are not the final result, but they often shape it. Patterns established under temporary orders can be hard to disrupt later.
If your case involves children, a significant disparity in income, or pressure on the household finances, ask for a temporary orders hearing early. Going months without clear rules is one of the most preventable ways a contested case loses control.
Financial Disclosures and Discovery
Colorado requires extensive financial disclosure in every dissolution case. Both spouses must produce sworn financial statements, tax returns, paystubs, retirement and investment statements, debt records, and any documents that prove income or asset value. Disclosure is mandatory, ongoing, and enforceable. If a spouse fails to disclose a material asset, the court can reopen property issues after the decree is entered.
When disclosure raises questions, contested cases move into formal discovery. Discovery may include:
- Written discovery. Interrogatories, requests for production, and requests for admission.
- Depositions. Sworn testimony from the parties or third parties, recorded for use at hearing.
- Subpoenas. Documents pulled directly from banks, employers, accountants, and business partners.
- Expert engagements. Business valuators, forensic accountants, vocational experts, and child and family investigators where the issues require them.
Disciplined discovery is often what wins a contested case. The party who shows up with documentation usually has more leverage than the party who shows up with assertions.
Mediation Before the Permanent Orders Hearing
Most Colorado courts require the parties to attempt mediation before a contested permanent orders hearing. Mediation is confidential, non-binding, and led by a neutral mediator. The goal is not surrender. The goal is to resolve every issue you reasonably can so the court decides only the issues you cannot.
A well-prepared mediation runs on real numbers, accurate documents, and clear priorities. Going into mediation underprepared usually means walking out with a bad deal, or no deal and another stretch of attorney’s fees behind you. For some couples, structured divorce mediation is the preferred path from the start.
The Permanent Orders Hearing
If your case does not settle, a Colorado judge or magistrate decides every remaining issue at a permanent orders hearing. Both sides present evidence, examine witnesses, and argue the law. The court then enters final orders on parenting, support, property, debts, maintenance, and any other contested issue.
A permanent orders hearing is a courtroom proceeding governed by the rules of evidence. Documents must be admissible, witnesses must be properly disclosed, and exhibits must be exchanged in advance. The court enters a written decree that becomes enforceable the moment it is signed. Parenting and support orders can be modified later when circumstances change. Property division, with rare exceptions, is final.
When the conflict level is unusually high, the strategy shifts. Our team’s approach to high-conflict divorce addresses what changes when the case will not de-escalate.
How Johnson Law Group Handles Contested Divorce in Colorado
We treat a contested case as a planning problem first and a courtroom problem second. The work that happens between filing and hearing usually decides what happens at the hearing. From our offices across Denver, Colorado Springs, Englewood, Fort Collins, and Commerce City, we aim to be your North Star through the case: a steady reference point and clear direction when everything else feels uncertain.
What that looks like in practice:
- A clear strategy for your case. We sit with you, identify the issues actually in dispute, and build a plan for each one. You will know what we are doing, why we are doing it, and what the next step is.
- Disciplined preparation. Disclosures, discovery, expert work, and exhibit preparation are run on a schedule, not a scramble. You should never walk into a hearing wondering whether your evidence is ready.
- Honest, direct communication. We tell you what we see, including the risks. We do not promise outcomes. We do promise a prepared, well-argued case and the clarity to make informed decisions as your case develops.
For an overview of how this fits with the broader Colorado divorce process, start with our divorce hub. If you and your spouse agree on every major issue, the path is often uncontested divorce in Colorado instead.
Frequently Asked Questions
How much does a contested divorce cost in Colorado?
The honest answer is that the cost depends on the issues in dispute, the experts the case requires, and how willing both parties are to settle as the case develops. Cases with contested parenting, business valuations, or forensic accounting are more expensive than cases that turn on a single issue. The single largest cost driver is conflict, including conflict that never had to happen.
Can a contested divorce become uncontested?
Yes. Many Colorado divorces start contested and finish by agreement. As discovery surfaces real numbers and mediation surfaces real options, settlement often becomes the rational choice. Partial settlements are also common: parties may agree on parenting and litigate property, or the other way around.
Do I have to go to court for a contested divorce in Colorado?
You will appear in court for at least one proceeding, often the initial status conference, and almost certainly for a permanent orders hearing if the case does not settle. Many Colorado courts now hold initial status conferences and certain other hearings virtually. Whether your permanent orders hearing is in person depends on the court and the issues involved.
What happens if my spouse refuses to participate?
Colorado law allows the case to move forward even when the responding spouse refuses to participate, provided proper service was completed. If the respondent does not answer or appear, the court can enter orders by default. That does not mean you get whatever you ask for. The court still applies Colorado law to property, support, and parenting. It does mean the case will not stall.
Can a contested divorce be reopened later?
Parenting and support orders can be modified when there is a substantial and continuing change in circumstances. Property division generally cannot be reopened except in narrow circumstances, such as proven non-disclosure of a material asset.
Talk With a Colorado Divorce Attorney Today
A contested divorce in Colorado is too important to face without a plan. Our team at Johnson Law Group will sit down with you, map the case, and give you a clear sense of where you stand before you make a single major decision. The earlier we are involved, the more options you have.
Schedule a no-pressure consultation with Johnson Law Group. Call (720) 640-8463 or use our consultation form to get started. We serve clients from offices in Denver, Colorado Springs, Englewood, Fort Collins, and Commerce City, and we offer virtual consultations across Colorado.
Sources
[1] C.R.S. § 14-10-106 (Dissolution of marriage – legal separation – declaration of invalidity) | https://law.justia.com/codes/colorado/title-14/article-10/section-14-10-106/
[2] C.R.C.P. 16.2 (Court Facilitated Management of Domestic Relations Cases and General Provisions Governing Duty of Disclosure) |https://www.courts.state.co.us/Courts/Supreme_Court/Rule_Changes/2021.cfm
[3] C.R.S. § 14-10-124 (Best interests of child) | https://law.justia.com/codes/colorado/title-14/article-10/section-14-10-124/
[4] C.R.S. § 14-10-113 (Disposition of property) | https://law.justia.com/codes/colorado/title-14/article-10/section-14-10-113/
[5] C.R.S. § 14-10-114 (Spousal maintenance) | https://law.justia.com/codes/colorado/title-14/article-10/section-14-10-114/
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