What Is A Contested Divorce In Colorado? The Complete Guide

A contested divorce in Colorado occurs when spouses cannot agree on one or more major issues -- property, debts, spousal maintenance, child custody, or child support. Because the spouses can't resolve the dispute themselves, the court has to. That makes contested divorces longer, more expensive, and more emotionally demanding than uncontested cases -- but the right legal strategy can dramatically change the outcome.

If you're searching for a Fort Collins contested divorce attorney or trying to understand what's about to happen, this guide explains the full process under Colorado law: stages, timelines, costs, and what makes a real difference at each step.

Quick Summary

• Average timeline: 6 months to 2+ years depending on complexity
• Cost: Significantly higher than uncontested -- depends on how much is fought
• Key stages: Petition → Response → Discovery → Mediation → Temporary Orders → Trial → Decree
• Mandatory: Colorado requires a minimum 91-day waiting period
• Can convert: Most contested cases settle before trial

Common Issues That Make a Divorce Contested

Most contested divorces aren't fought over every issue. Usually one or two areas of disagreement turn an otherwise manageable case into a contested one:

• Property division. Who keeps the family home? How do you split a business? What's the marital portion of a retirement account?
• Spousal maintenance. Should it be paid? How much, and for how long? See our spousal maintenance guide.
• Child custody and parenting time. Schedules, holidays, decision-making authority, relocation. See Fort Collins child custody.
• Child support. Income calculations, parenting time adjustments, extraordinary expenses.
• Debt allocation. Who pays the credit cards, the second mortgage, the medical debt?
• Hidden or wasted assets. When one spouse suspects the other of hiding money, dissipating marital funds, or transferring assets before filing.

The Colorado Contested Divorce Process

A contested divorce in Larimer County typically moves through these stages:

Stage 1: Petition and Response

One spouse (the "petitioner") files a Petition for Dissolution of Marriage and serves the other spouse (the "respondent"). The respondent has 21 days (35 if served out of state) to file a response. The response is your first chance to identify the issues you disagree on.

Stage 2: Initial Status Conference (ISC)

Larimer County typically holds an Initial Status Conference within 42 days of filing. This is a meeting with the court (or a family court facilitator) to set deadlines, identify issues, and schedule next steps.

Stage 3: Mandatory Financial Disclosures

Within 42 days of service, both spouses must exchange:

• A Sworn Financial Statement
• Three years of tax returns
• Pay stubs and proof of income
• Bank, retirement, and credit card statements
• Documentation of debts

Failing to disclose accurately can lead to sanctions and a worse outcome. See our financial disclosure guide.

Stage 4: Discovery

When voluntary disclosures aren't enough, formal discovery begins:

• Interrogatories -- written questions the other side must answer under oath
• Requests for production -- demands for specific documents
• Depositions -- sworn testimony under questioning
• Subpoenas -- to banks, employers, and other third parties
• Experts -- business valuators, custody evaluators, vocational experts, appraisers

Stage 5: Temporary Orders

If you need help now -- child support, parenting time, exclusive use of the home, attorney fees -- either spouse can request a Temporary Orders Hearing. These rulings govern your life while the divorce is pending.

Stage 6: Mediation

Most Colorado courts, including Larimer County, require mediation before trial. A neutral mediator helps you and your spouse try to resolve some or all issues. Mediation is confidential and many contested cases settle here. Learn more in our mediation guide.

Stage 7: Pretrial and Trial

If mediation doesn't fully resolve the case, the court sets a trial. Both sides exchange exhibit lists, witness lists, and trial briefs. At trial, the judge hears testimony and reviews evidence -- then issues a final ruling.

Stage 8: Final Decree

The court issues a Decree of Dissolution along with permanent orders on property, support, and parenting. Either party may appeal certain rulings, though appeals in family law are limited.

How Long Does a Contested Divorce Take in Colorado?

Colorado's mandatory 91-day waiting period is the floor -- but contested cases run much longer:

• Moderately contested cases: 6 to 12 months
• Highly contested or complex cases: 12 to 24 months
• Cases with business valuations, custody evaluations, or appeals: 2+ years

The Larimer County court's docket also affects timing. Local attorneys familiar with the court can often anticipate scheduling.

How Much Does a Contested Divorce Cost?

There's no flat fee for a contested divorce -- the cost depends on how much is fought, for how long. Major cost drivers include:

• Attorney fees for negotiations, court appearances, motion practice, and trial preparation
• Discovery costs -- depositions, document review, expert witnesses
• Expert fees -- business valuators ($5,000-$30,000+), custody evaluators ($2,500-$10,000+), forensic accountants
• Court fees -- filing fees, hearing fees, transcript costs
• Mediator fees -- typically $200-$400/hour, split between parties

See our Colorado divorce cost guide for full details.

Can a Contested Divorce Become Uncontested?

Yes -- and most do. Studies suggest 90%+ of divorces settle before trial. At any point, you and your spouse can reach an agreement and convert the case into an uncontested divorce. Settlement can happen:

• After temporary orders give both sides a reality check
• During or after mediation
• After discovery reveals each side's actual financial position
• On the courthouse steps right before trial

A skilled Fort Collins contested divorce attorney looks for every legitimate path to settlement -- because trials are unpredictable and expensive.

What to Do First in a Contested Divorce

If you know your divorce is going to be contested:

1. Don't move out of the house impulsively. It can affect custody and property rights.
2. Document your finances. Pull statements, photograph valuables, list debts.
3. Don't drain joint accounts or hide assets. Courts punish this severely.
4. Don't post anything sensitive on social media. Anything you post can be used as evidence.
5. Get an experienced contested divorce attorney involved early. The decisions made in the first 60 days often shape the entire case.

Frequently Asked Questions

Is Colorado a 50/50 state for property division?

No. Colorado uses equitable distribution -- property is divided fairly, which isn't always equal. The court considers each spouse's contribution, length of marriage, and economic circumstances.

Can I get attorney's fees paid by my spouse?

Sometimes. Colorado courts can order one spouse to contribute to the other's attorney fees when there's a significant income disparity.

What if my spouse is hiding assets?

Discovery tools -- subpoenas, depositions, and forensic accountants -- exist specifically for this. Courts impose serious sanctions for asset hiding, including awarding the hidden asset entirely to the other spouse.

Will I have to testify in court?

If your case goes to trial, yes. Most cases settle before trial, but you should prepare as if it will.

How is fault treated in a Colorado contested divorce?

Colorado is a no-fault state -- you don't have to prove wrongdoing. However, certain conduct (waste of marital assets, domestic violence affecting parenting) can still affect outcomes.

Can I appeal a contested divorce decree?

Yes, but appellate review of family law decisions is limited. The judge has wide discretion, and reversal is uncommon. Better to get it right the first time.

Why a Local Fort Collins Attorney Matters

In a contested divorce, who handles your case matters as much as the law itself. A local Fort Collins contested divorce attorney:

• Knows Larimer County judges' tendencies and pet peeves
• Has working relationships with local Child & Family Investigators, custody evaluators, and business valuators
• Understands the local court's procedures and timing
• Can appear in court without travel delays or costs

Our attorneys have been litigating contested family law cases in Larimer and Weld county courts since 1981. If you're facing a contested divorce in Fort Collins, Loveland, Greeley, Windsor, or anywhere in Northern Colorado, we'd be glad to talk through your options in a free consultation.