Frequently Asked Questions


This time in your life can be overwhelming, but you’re not alone. We see unique cases every day, and we are ready when you are to take the next step with you. Below are some questions we see often.

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Do I really need a lawyer?

You should consider hiring an attorney to at least review your divorce papers and separation agreement to ensure that you are being treated fairly. If you are parting with your spouse on poor terms, having legal representation is necessary.

How do I file for divorce?

Legal divorce paperwork has two components: personal documents and court-supplied divorce forms. There are a lot of details you must be aware of when you file for divorce, and we are here to help.

Can I file for a divorce online?

The short answer is yes, you can file for divorce online. However, as always, it depends on your unique situation. 

How much will my divorce cost?

According to research, the average cost of a divorce when you are represented by an attorney in Colorado is $14,500. That number will be higher or lower depending on how much conflict you have with your spouse and whether or not you have an uncontested divorce

What are the differences between legal separation and divorce?

Legal separation is a very similar process to the dissolution of marriage but it allows spouses to remain married while living separately. The major difference between legal separation and divorce is marital status.

What is divorce mediation?

Divorce mediation works through a neutral third party who is not advocating for anyone’s interests, but rather tries to work an equitable agreement. This option is often preferable for people who share a family as it is typically not as contentious.

What is a divorce deposition?

divorce deposition is a sworn statement that you give at your spouse’s attorney’s request. It is done to collect information and to help lawyers understand your side of the story.

How long does the divorce process take?

At the very minimum, divorce proceedings last 91 days, because of the mandatory waiting period. Some factors, like conflict about how  you will raise your children after divorce, and conflict about property values and property division, lengthen the divorce process.

Do I need a divorce or an annulment?

While divorce is an option for dissolving any marriage,  annulment of a marriage is only possible when very specific criteria are met. Before you decide which is best for your situation, be sure you know the differences between divorce and annulment.

Can I file for divorce and bankruptcy at the same time?

It's easy to assume that filing for divorce and bankruptcy at once can make both of them less grueling. In reality, doing so is neither legally feasible nor cost-efficient. Consider talking to an attorney before filing for divorce or bankruptcy.

Who gets the house?

All property acquired during a marriage is referred to as “marital property” in Colorado. As an equitable distribution state, your home is not automatically divided equally (50:50) during the divorce. Instead, the judge analyzes your personal circumstances and orders  a “fair” division. Sometimes there are circumstances that warrant awarding the marital home to the parent who is more responsible for the children.


How do I file for custody?

If you already have joint custody and are seeking sole legal custody, your request to request sole legal custody must be done to prevent harm to your children. . Conversely, if your ex currently has sole custody and you seek joint custody, you must prepare your case carefully.

What are the differences between sole custody and joint custody?

Sole custody (also called sole parental responsibility) is when the children reside with one parent and one parent has full responsibility to make major decisions for the child. Joint custody means shared parental responsibilities.

We’re moving. What does this mean for our child custody agreement?

When parents move to a location that makes a current parenting time order impractical, court orders are modified before they even begin packing. Failure to properly follow the statutory requirements to modify your child custody agreement because you are moving away from the other parent can have serious legal consequences. 

How do I make sure I can still see my grandchildren after their parents divorce?

While you wish to keep a strong connection with your grandchild(ren), it might become complicated from a legal standpoint. Colorado favors the parents’ right to raise their own children, so it is possible for grandparents to be taken out of the family equation. 

I don’t want to terminate my parental rights. What are my options?

There are several possible alternatives to terminating your parental rights, but your options depend on your specific situation. It’s a difficult and complicated subject, so it is important to know where you stand.

I’m not being allowed to see my child. What can I do?

In most cases, the custodial parent cannot legally deny visitation rights. Therefore, if visitation has been denied for any reason you believe to be unfounded, then you must contact your attorney immediately to enforce the visitation order

Our current visitation schedule isn’t working. What are my options?

One or both parents may petition the court for a modification to your visitation schedule. Arriving at a fast resolution that promotes the best interests of your children is important, so the sooner you begin the process, the sooner a new visitation schedule could be established for your child.

Child Support

How is child support determined?

Colorado courts use a unified mathematical formula called the “child support guidelines” to determine the amount of monthly child support payments. This formula takes several factors into account, such as income and various expenses.

I am not being paid child support, even though it was court ordered. What can I do?

If you are not being paid child support after a court has ordered monthly child support payments, the court should be informed. A lawyer can discuss the various options available to you if you find yourself in this situation.

For the Father

How do I know if I’m the father?

If there are doubts to paternity coming from either the father or mother, a paternity test will need to be administered. If a paternity test shows a man is within 97% likelihood of being the father, he can be declared a legal parent

How do I get full custody of my child?

Colorado laws state that all custody decisions will be made from the perspective of a “child's best interest.” Either parent can bring evidence into court to support a claim that he should have primary responsibility. Of course, your chances of being awarded full custody are better if you can establish that this request serves the best interests of your child and if you have strong supporting evidence.

How do I win the custody battle?

The key to winning a custody case is to make a logical, rational case for the type of custody arrangement you want. Prepare a list of the benefits your child receives from spending time with you. Note the accommodations you plan to make that prove you have your child's best interest in mind.


How do I adopt my stepchild?

The process of adopting a stepchild depends on several factors, but the most important first step is for all parties involved to understand what the results of the process will mean. Be sure you know the details of stepparent adoption so you are ready for this major life decision.

Who can adopt in Colorado?

If you are 21 years of age or older, you can adopt a child in a same sex relationship.  A person convicted of a felony offense that involves child abuse, a crime of violence, or a felony offense involving unlawful sexual behavior shall not be allowed to adopt a child. The child that you want to adopt, should be under the age of 18. You will need approval from the court if the child you are wanting to adopt is between the ages of 18 and 21.


Want to learn more? We are here to help.