What Is A Contested Divorce In Colorado?

A contested divorce occurs when spouses cannot reach an agreement on one or more key issues in their divorce. These disputes require court intervention to resolve, making the process typically longer and more expensive than an uncontested divorce.

Common Issues in Contested Divorces

Contested divorces often involve disagreements about:

• Property Division: Disputes over how to divide marital assets such as the family home, retirement accounts, businesses, and other property
• Spousal Maintenance: Disagreements about whether maintenance should be paid, the amount, and duration
• Child Custody: Conflicts over parenting time schedules and decision-making responsibilities
• Child Support: Disputes over income calculations or special expenses
• Debt Allocation: Disagreements about who is responsible for marital debts

The Contested Divorce Process

A contested divorce in Colorado typically involves several stages:

• Filing: One spouse files a Petition for Dissolution of Marriage
• Response: The other spouse files a response, indicating areas of disagreement
• Discovery: Both parties exchange financial documents and other relevant information
• Mediation: Many courts require mediation before trial, especially for parenting issues
• Temporary Orders: The court may issue temporary orders for support, custody, and property use while the case is pending
• Trial: If disputes remain unresolved, a judge will hear evidence and make final decisions
• Final Orders: The court issues a decree of dissolution incorporating all decisions

Timeline for Contested Divorce

Contested divorces take longer than uncontested cases. While Colorado has a mandatory 91-day waiting period for all divorces, contested cases often take:

• 6 months to 1 year for moderately contested cases
• 1 to 2 years or more for highly contested cases
• Cases involving complex property or custody disputes may take even longer

Costs of Contested Divorce

Contested divorces are more expensive due to:

• Increased attorney time for negotiations and court appearances
• Discovery costs for document production and depositions
• Expert witness fees (business valuators, custody evaluators, etc.)
• Court filing fees and hearing costs
• Potential mediation fees

Can a Contested Divorce Become Uncontested?

Yes. Many divorces that begin contested are resolved through negotiation or mediation before trial. At any point during the process, spouses can reach agreements that convert a contested case into an uncontested one. An experienced attorney can help facilitate these negotiations while protecting your interests.