How long do I have to live in Colorado before I get a divorce?
Generally speaking, you have to be domiciled in Colorado at least 90 days.

Are there any exceptions?
Maybe, especially if you are the victim of abuse or your spouse threatens to give away the family fortune. You may be able to file immediately.

What if my spouse lives in another state?
That makes your case more complicated, but you can get your divorce here in Colorado.

What kinds of complications?
First, you need to "serve" divorce papers on your spouse out of state. "Serving papers" means giving official notice.

How do I do that?
By asking the court here in Colorado for permission to serve papers in a couple of ways intended to give your spouse actual notice of the divorce.

For example?
You may have to hire a local Sheriff or process server in your spouse's home state. Sometimes you also send copies by certified mail to your spouse's residence and publish a legal notice in a newspaper selected by the court, if you don't know where your spouse is.

I can manage that. But is it expensive?
It depends on what the local Sheriff charges, but usually fees are under $100. Publishing a legal notice can be expensive. Depending on the newspaper, you can spend $100 or several times that amount.

That reminds me, what about legal fees and other costs?
Lawyers usually charge by the hour. In this area, fees range from $90 an hour to $300 an hour. Court filing fees are $99.

According to a recent study, the average divorce costs $18,000 in major metropolitan areas of the United States.

That is a lot a money! Can I represent myself?
Absolutely, but you would be wise to consult an attorney if you have children and assets.

Can I hire a lawyer on a contingent fee basis?
No. Local disciplinary rules prohibit lawyers from taking divorce cases on a contingent fee basis.

I'm short on cash. My spouse has all of the money. How can I hire a lawyer?
Ask your spouse to pay your legal fees.

All things considered, my spouse and I get along, but we're not that friendly.
Then ask the court to order your spouse to pay. If you have children, you should consult a lawyer.

What can a lawyer tell me about my own children?
Well, the lawyer tells you about parental rights and responsibilities. For example, in Colorado parents have a duty to support children until the age of 19.

I didn't know that! I thought children were supported until they turned 18. What else can the lawyer tell me?
Every state has a set of child support guidelines.

Then there shouldn't be any surprises.
Ideally, but lawyers still come up with arguments persuading the courts to deviate from the guidelines. Also each state has a different set of guidelines.

How much child support would I get here in Colorado for my daughter, 7 years, and my son, 5 years?
Tell me how much income you have, including interest and dividends. I also need to know your spouse's income, and the cost of child care and family medical insurance.

Can I get alimony, too?
If you meet the statutory criteria for maintenance, you can.

What happens if my spouse and I agree on everything? Do we still need a lawyer?
That depends. Settlement is the best option, but you should consider hiring a lawyer to review the papers before you sign. By the way, one lawyer cannot represent both husband and wife, even if they agree on everything.

Why not? If we get along, we don't need two lawyers.
Perhaps not, but any ethical lawyer will tell you that one lawyer cannot represent both husband and wife, even if they agree. You and your spouse have possible areas of conflict.

Give me an example.
Your spouse may be paying a lot of money in child support, but cannot claim the children as dependents unless you sign an IRS form.

And one lawyer can't possibly take my side and my spouse's at the same time.
Exactly.

What about mediation?
Mediators usually recommend that the parties review the settlement with independent counsel before signing.

There's no getting away from lawyers.
Perhaps not, but you can control legal fees, especially if you use a mediator.

Is a no-fault divorce cheaper than a fault divorce?
Not necessarily. Most people are not fighting over the reason for the divorce. They fight over the property, alimony/maintenance, child support, custody, and Parenting Time.

Can I get more money if my spouse is at fault?
Probably not. In Colorado the conduct or fault of the parties is generally not a factor considered by a judge before dividing assets and awarding alimony/maintenance.

Assuming my spouse and I agree on everything, how soon can we be divorced?
90 days.

And if we don't agree?
Your divorce can take 6 months to a year, or longer, depending on the complexity of the case and the court's docket.

I had no idea it could take so long. What happens if I need child support or my spouse and I can't agree on visitation?
You should file your petition for divorce and motions (written requests) for temporary orders of support and visitation.

Do I have to go to court?
Unless you and your spouse can agree upon temporary orders, you must appear in court, generally before a magistrate.

We both tell our side of the story?
Yes, or your attorneys speak. The court then makes a decision and issues temporary orders.

Why are the orders temporary?
The orders are temporary until the court enters a divorce judgment and final orders.