Do You Need a Lawyer for a Divorce in Colorado?

Colorado has hundreds of practicing family law attorneys who can represent your best interests in a divorce. Yet many individuals forego their right to professional legal counsel, assuming they will save time and money if they represent themselves.

This assumption is misguided. I understand client concerns regarding the time the process may take, how much it’s likely to cost, or both. While online search queries may provide you with general information, they cannot replace the personalized advice of a legal professional.

Every divorce proceeding is unique because fair dissolutions differ depending on each family’s needs. However, our divorce attorneys tend to see the same issues across cases.

Unlike other states that require a reason to get a divorce, Colorado is a no-fault divorce state. That means neither party needs to prove marital fault or have certain “grounds” to get divorced. An irretrievable breakdown of the marriage is enough to establish “legal grounds” for divorce in Colorado. 

Clients are surprised to learn that Colorado is not a community property state. Instead, Colorado courts use equitable distribution to divide marital property. This approach accounts for situations where a strict community property division would be considered unfair. While equitable distribution may not result in an equal monetary split of joint property, it allows for more flexibility when considering other valuable concessions. 

Better known as alimony in other jurisdictions, spousal maintenance is the financial support a spouse receives after divorce or legal separation. Its purpose is to provide assistance to a spouse who would not otherwise be able to meet their basic needs. Awards are based on various factors, such as the other spouse’s ability to pay and the length of the marriage.  

In Colorado, the “best interests of the child” standard dictates the outcome of custody decisions. Colorado law instructs the courts to take a holistic look at the child’s physical, emotional, and mental health needs to allocate parental rights accordingly. Whenever possible, the courts are encouraged to award shared parenting time to preserve the child’s relationship with both parents, even if they no longer live in the same house.

Child support is a parent’s legal obligation to financially support their children. Courts calculate payments using the state’s Child Support Guidelines, which account for each parent’s income, family size, and parenting time. In addition to paying for the child’s necessities, Colorado’s child support structure ensures the child maintains the same lifestyle they enjoyed during the marriage.

Colorado law doesn’t require divorcing couples to hire attorneys to complete a dissolution of marriage. Instead, individuals can file what’s known as a “pro se divorce.” If you file “pro se,” you are essentially your attorney, meaning the judge will treat you like any other practicing lawyer. You will not receive special consideration if you make a mistake while representing yourself. 

While filing pro se can be less risky for some people (e.g., those married less than a year, hold few assets, and have no children), everyone risks a filing error that wouldn’t happen under a divorce attorney’s watch. C.R.S. 14-10-106

Many of our modification cases are individuals who represented themselves, like this father of two: 

“If I could go back, I never would have done the divorce on my own. Less than a year after it was final, I had to hire a lawyer to fight for my parenting time. Robinson & Henry helped me get equal time with my kids, but it took the better part of a year. It was incredibly stressful, and it wasn’t cheap. If you’ve got kids, do yourself a favor and get a lawyer from the beginning. Don’t chance it. It definitely would have saved me a lot of heartache and money.” – Robinson & Henry Client

Modifying your custody, child support, spousal maintenance, and so on can be more expensive than hiring an attorney for your divorce. When you hire an experienced Colorado divorce lawyer, you receive invaluable insight and guidance you won’t get representing yourself.

While we advise hiring a lawyer for your divorce in most cases, there are a few specific types of complex divorce situations in which an attorney’s assistance is paramount. 

The complexity of divorce increases with more assets. Factoring investment portfolios, business dealings, and retirement plans into your marital or separate property complicates your matter. 

In addition to confirming your financial disclosure complies with Colorado requirements, a divorce lawyer will help you identify, value, and fight for your share of rightful assets to protect your financial future. 

Child custody is often a sensitive issue for co-parents who are getting a divorce. While it’s normal for co-parents to disagree about the details of a parenting plan, these disputes can escalate quickly without a lawyer’s advice. 

You especially want to hire a lawyer if the marital relationship has involved domestic violence and physical abuse. Colorado custody lawyers can help present evidence and arguments effectively to support a parent’s case. 

Colorado uses similar terms to identify financial support provided by one spouse to the other; spousal support is one of them. Spousal support is a broader term encompassing various forms of financial assistance, including temporary support during divorce proceedings. The court can order ongoing spousal maintenance as part of the divorce decree. It’s not guaranteed. The court evaluates factors like the availability of funds, employment, and lifestyle during the marriage to determine if spousal maintenance is necessary. A divorce lawyer can help procure a more advantageous support agreement during mediation rather than one ordered by the court.   

A divorce case marred by high-conflict behavior warrants an attorney’s involvement. These situations can be emotionally draining for clients who are easily provoked by their ex to behave poorly, which could jeopardize their divorce outcome. A divorce lawyer’s advisement can go a long way in protecting their client’s peace by employing de-escalation tactics during proceedings. 

Although we recommend hiring a divorce attorney in most cases, a collaborative divorce can prove the exception under limited circumstances. Note that these circumstances do not apply to most divorce matters. 

Uncontested divorces typically involve couples that: 

• were married for a short time

• have limited assets

• do not have children together 

In these circumstances, the parties may agree to all aspects of the dissolution.  However, more often than not, one or both parties will identify a point of contention that changes the circumstances, costing more time and money to pursue a contested divorce.

Learn more about why you need an attorney for uncontested divorce. 

Colorado allows parties to enter a written separation agreement to amicably resolve issues such as property division, maintenance, and parental responsibilities. In cases where both parties are cooperative, the court will likely uphold mutual asset and custody decisions so long as the agreements are fair and demonstrate each parent’s ability to provide for their child economically. 

These agreements are often reached during mediation when the parties have legal representation. A family law attorney or a licensed legal paraprofessional may help facilitate a more worthwhile agreement. 

A lawyer is crucial to a successful outcome in most Colorado divorce cases. Divorce attorneys provide essential guidance through the complexities of divorce law, ensuring that their client’s rights and interests are protected. 

Here are 11 reasons why you need a divorce attorney.

Post-decree modifications are a party's change requests after a divorce. While there are plenty of legitimate reasons to enter a motion to modify a divorce decree, modifications are often the result of botched agreements or unconsidered future scenarios. 

Under these circumstances, post-decree modifications are often time-consuming, involve expensive litigation, and have uncertain resolutions, especially when custody or alimony are at issue. 

Simply put, you can miss out on your legal rights and assets without legal representation. 

The risk increases when only one spouse retains a divorce attorney. Your outcome likely becomes even more disadvantageous in this case as the odds become stacked against you. 

When you hire a divorce attorney, you gain a zealous ally who will advocate for your best interests and help you make informed decisions. When your ex hires an attorney, and you don’t, they stand to gain more from the divorce than you do. 

Having to give up time with your children is probably one of the most challenging consequences of divorce.

We see many spouses without divorce attorneys manipulated into giving up parenting time. You may be an excellent parent, but insecurities can get the better of you when your ex is telling the court otherwise. 

When you have a divorce lawyer at your side, you have an advocate who will educate you about your options and won’t allow you to settle on an arrangement you don’t want. Whether you’re going for partial or full custody, a lawyer can help you reach the best agreement.

The unknown is frightening, and divorce is rarely straightforward. If you represent yourself, you risk compromising your settlement agreement by misinterpreting the law. 

Again, it could take expensive litigation to resolve what could have been an avoidable issue.

When you work with a divorce attorney, you won’t have to worry about interpreting the law because you will have someone who knows its ins and outs, which should give you peace of mind. 

Divorce brings with it an array of emotions. Whether it’s anger or sadness, many couples focus more on “winning” than what that means. 

You likely want to achieve a favorable settlement. A lawyer can help you keep your sights on the big picture, offering the necessary objectivity and perspective you need on your team to achieve a favorable outcome in your case.

All the documents and paperwork must be completed correctly and submitted on time. If you file on your own, you’re on the hook for missed deadlines and filing mistakes. 

An attorney can take the administrative work off your hands, prevent delays, and represent you in court. 

Restraining orders during divorce are sought for different reasons. For instance, a spouse who experienced domestic violence may obtain a civil protection order to thwart retaliatory violence. Divorce can also provoke an angry spouse to seek revenge by trying to get an unwarranted restraining order that could hurt your case outcome overall.

Either way, your divorce attorney will help you file or respond to a civil protection order. 

As expected, not all divorces are amicable. While you can’t stop talking to your spouse, you can have an intermediary when the bickering begins.

If communication devolves into angry words, let your attorney take over. Your lawyer will communicate on your behalf, reducing your exposure to unpleasant interactions and keeping the divorce process as professional as possible.

Whether you expect to receive alimony or pay it, you want the duration and amount to be fair. Your attorney will educate you about the benefits and drawbacks of the different types of alimony in Colorado, which is technically called spousal maintenance. 

• Court-Ordered Maintenance – Generally, the court uses the state’s legal guidelines to create alimony awards based on each party’s income and length of the marriage. Either party can modify this kind of alimony under certain circumstances.

• Indefinite Maintenance – Often called ‘permanent’ alimony, indefinite alimony is typically only awarded when the marriage has lasted more than 20 years, one spouse has a disability that prevents them from earning a living, or the divorce involves individuals over 50.

• Contractual Alimony – This type of alimony is agreed upon in a separation or divorce agreement rather than through a court order. Once finalized, a family court cannot modify contractual alimony. 

An attorney’s job is to help you determine the best approach regarding maintenance. Without hiring a divorce attorney, you may not be familiar enough with the law or adept at negotiating the alimony award you deserve. 

Alimony Calculator

Want to crunch the numbers? Use our Colorado alimony calculator to learn what your spousal maintenance payment order could look like. 

Alimony taxation on federal tax returns changed due to the Tax Cuts and Jobs Act of 2017 (TCJA). Today, alimony or separate maintenance payments relating to any divorce or separation agreements dated Jan. 1, 2019, or later are not tax-deductible by the person paying the alimony. The person receiving the alimony also does not have to report the alimony received as taxable income.

Before the TCJA, the person paying alimony could deduct the amount from their taxes, and the person receiving it had to claim it as income.

If you’re a spouse who expects to pay maintenance, avoid adverse tax consequences by hiring an attorney. 

High-net-worth and late-life divorces are considered complex cases. These divorces involve issues other divorces don’t, such as substantial real estate holdings, impending retirement plans, and permanent alimony considerations.

High-net-worth divorces have a lot at stake, which can lead to one spouse trying to hide assets. If one spouse is responsible for most of the marital assets, marital debts, and financial responsibilities, the other spouse may not know what’s out there. A divorce attorney can call on other professionals to uncover hidden or forgotten assets and make sure all property is appropriately valued.

It can be challenging to identify the best family law attorney to represent you. You need an attorney with intimate knowledge of the court in your county and experience representing clients in similar cases. In addition to the attorney’s background, you may consider their professional reputation, the size and scope of the law firm they work for, and their communication style. 

Often, finding an attorney that strikes the right balance between these factors is the recipe for success.

Hiring a divorce attorney with the support of a full-service law firm is a better investment of your time and money than going it alone. The R&H Colorado divorce attorneys know the intricacies of the law and the exceptions to the rules. Call (303) 688-0944 today to begin a case assessment.

The Colorado Constitution guarantees individuals the right to self-representation during divorce. However, proceeding without a lawyer is not recommended in most cases. Even the most straightforward divorce cases can be complicated by disputes over property, children, and alimony. 

While legal representation is not mandatory in cases where both parties generally agree on everything, it’s still encouraged. Modifying a divorce decree can be expensive. A divorce attorney will consider your best interests and ensure your separation agreement is fair. 

The first step in getting a divorce in Colorado is to file a “Petition for Dissolution of Marriage” in the appropriate district court. You can file once you or your spouse have lived in Colorado for at least 91 days. Alternatively, both parties can file a co-petition to divorce, eliminating the need for service of process and response to get the ball rolling. Learn more about how to file for divorce in Colorado.

Child custody matters are among the more complicated aspects of divorce. So, while you’re not legally bound to hire an attorney for a divorce involving children, it’s highly recommended. This is especially true if you disagree on key issues affecting the child’s life.  Colorado custody lawyers can offer guidance when petitioning for joint or sole custody and drafting parenting plans.

While it is not legally required to hire a divorce lawyer in Colorado, it is highly advisable to have one. This is especially true when you and your spouse have business assets to consider. A business valuation in divorce typically involves detailed financial considerations that run a high risk of legal scrutiny. An attorney and a financial expert can help you navigate inflated or deflated business value, among other issues.

While not technically required, legal representation for divorcing couples that hold multiple assets is highly encouraged. One or more properties can be considered complex assets that, without an attorney, can be divided unfairly. Don’t let the court miscategorize your properties. Learn how to divide marital property in a divorce.