Colorado Divorce Process
Helping Our Clients Preserve Their Best Interests
At Knies, Helland & McPherson Law, our attorneys partner with each
client to come up with a personalized solution that will fit their specific
situation. Only you know what support you need at this moment in time,
and our lawyers will listen to your thoughts and goals before crafting
a personalized strategy to help you achieve these goals.
Our attorneys are responsible for their own cases; however, they work closely
as a team to solve any issue that may arise. When you are a client of
Knies, Helland & McPherson Law, you will have the expertise, experience
and support of the entire firm. We are here for you and our goal is to
offer you hope for the future. We will be with you in this extremely difficult
moment, but we will focus on how to get you to a much better place.
Knies, Helland & McPherson Law works with couples to find the most
dignified path for them. They handle traditional divorces but also have
experience in mediation and offer divorce coaching and other a la carte
services. They understand that going through a divorce is excruciating,
and with sensitivity and grace, they partner with each client to come
up with a customized solution that meets each person’s needs and goals.
Call our Colorado Springs attorneys today at
What Is Divorce?
When we begin a marriage, we all assume it will last. We even dream that
we will spend the rest of our lives together. And while that happens for
some, for others, life circumstances change, personalities change, and
relationships change. As that happens, there are some instances when divorce
is a better option than remaining in a failing marriage, or worse, in
an abusive or toxic one. If that is the case for you, it is important
that you understand your options.
To put it simply, a divorce is a legal action taken by married people to
lawfully terminate the marital relationship. In some cases, it is referred
to as the dissolution of a marriage, which essentially is the legal action
that ends the marriage prior to the death of either spouse.
There are essentially five types of divorce, some of which can coexist, they are:
No-Fault: In this type of divorce, the necessity to find fault is taken away, and
the divorce is based on the grounds of the breakdown of the marriage itself.
Colorado is a no-fault divorce state.
Collaborative: In this type of divorce, each spouse hires his or her own attorney, and
the parties meet to amicably settle the terms of the divorce.
Mediated: In a mediated divorce, the spouses together hire a mediator or facilitator
to oversee the communication regarding the divorce and outcome.
Contested: When the spouses are unable to agree on all terms and conditions of their
divorce and must go to a hearing with different positions.
Uncontested: When the spouses can agree on the terms of the divorce without a legal
proceeding, it is known as an uncontested divorce.
What Are Grounds for Divorce in Colorado?
Colorado is a no-fault state, which means that the only grounds for dissolving
a marriage is if just one spouse states that it is irretrievably broken.
How Long Can the Divorce Process Take?
Before filing for divorce, most individuals want to know how long the process
will take. In all reality, there is no “standard” for how
long a divorce takes. The length of the process depends on a number of
The length of time a divorce takes is based on:
- Your state of residence
- The type of divorce for which you are filing
- The ease with which you can locate your spouse
- The assets involved
- The issue of custody
- Your concern over hidden assets
- Whether or not you or your spouse are self-employed or own a business
- Your local family court’s log of cases
- Appointment of an expert
There are several ways you can expedite the divorce process. If you want
to make the experience as quick and painless as possible, then you and
your spouse will need to come to an agreement on several issues, including
property and debt, parenting time and decision-making, child and spousal
support, health and life insurance, and any other issues specific to your
case. Likewise, making sure that you first meet your state’s residency
requirements and that your papers are correct and complete when filing
will make the process move more efficiently. If you choose to do so, working
with a knowledgeable firm like Knies, Helland & McPherson Law can help.
How Long Do You Have To Be Separated Before Divorce in Colorado?
In Colorado, couples do not have to be
legally separated before filing for divorce and can begin the divorce process once the other
requirements are met.
The basic requirements for getting a divorce in Colorado are:
- One of the spouses must have been resident of Colorado for at least 91
days prior to filing the Petition;
- 91 days have passed since the summons was served on the other spouse;
- Colorado must have personal jurisdiction over the respondent spouse; and
- If there are children, Colorado has been their home state for at least 181 days.
Is Counseling Mandatory Before Divorce?
If reconciliation seems possible, or if you and your spouse do not agree
that the marriage is irretrievably broken, then the Colorado court may
order a counseling period between 30 to 60 days after you file for divorce.
Mediation may also be ordered to resolve any parenting issues such as
custody, visitation and support.
Do You Need a Lawyer To Get a Divorce in Colorado?
You’ve likely known people who have gone through a long, drawn-out
divorce process as well as a few who have ended their marriage without
a lot of fuss. So, what’s the difference, and how do you know if
you need to contact a divorce attorney, like Knies, Helland & McPherson Law?
The answer depends on several different factors. If you and your spouse
are struggling to come to mutual decisions over your children, finances,
and property, you may benefit from the legal counsel of a divorce lawyer.
Likewise, if the marriage has already turned emotionally distressing or
is charged with a lot of anger, contacting an attorney can help you peaceably
work through your differences and come to a resolution. Just be sure that
you and your spouse hire individuals who are amicable to not “pour
more fuel on the fire,” so to speak.
It likely goes without saying, but if you suspect or have evidence of abuse–spousal,
child, sexual, or substance–then it is best to hire a lawyer to
negotiate appropriately and to advise you of your legal rights and responsibilities.
Finally, it is also wise to hire a lawyer if your spouse has already hired
an attorney, particularly if you have children and/or are facing complicated
Can I File for Divorce Without a Lawyer?
Many couples are tempted to file for divorce on their own using court-provided
documents and information. While going this route can work in some cases,
it is typically in your best interest to hire an attorney to represent
your interests or to ensure that the agreement that you craft is thorough.
An attorney can:
Provide expert advice: An experienced divorce lawyer will help ensure your rights are protected
in the event of a divorce. Likewise, he or she will help settle any complicated
issues regarding custody, debt, income, or other concerns.
Reduce stress: If you choose to work with an attorney, you will need to provide him or
her with relevant information regarding the grounds of the divorce, but
beyond that, the attorney will do the work for you and act as a sounding
board for your decisions.
Avoid mistakes: It is easy to make mistakes when completing your own divorce because the
legal system is complicated, and you are likely under a lot of stress.
An attorney can help you navigate these issues.
Present a binding agreement: The court system will review any divorce documents presented; however,
working with an attorney will ensure that the agreement that is delivered
is clear and binding both in your eyes and the eyes of the court.
Circumvent delays: While any individual can use the court-provided documents to file, should
you make any mistakes or complete improper forms, you may run into delays.
Working with an attorney will help you avoid such issues.
Whatever you do, do not try to complete your divorce on your own. Ultimately,
it will not likely cost you less. There is too much at risk and chances
are, you will miss important steps in the process. At Knies, Helland &
McPherson Law, our inexpensive divorce lawyers will not only represent
you in the court of law, but we are there to support you emotionally throughout
Let Our Lawyers Guide You Through Your Divorce
All of our divorce lawyers at Knies, Helland & McPherson Law focus on
family law. Divorce court can be messy and complex. Going with experienced lawyers
who know the local laws, court, attorneys, and bench will be to your advantage.
In most cases, we can avoid the courtroom and settle the divorce in mediation
– that will save you time, money, and heartache, but also best assure
you get a fair outcome. However, if your case needs to go to a contested
hearing, we have years of success in the courtroom and with arbitration.
When you hire our attorneys, you will get a real-life assessment of your
case from start to finish in real time. We will discuss the financial
and emotional pros and cons of each option and assist you in looking at
both short- and long-term consequences of your decisions. While we will
guide you in making decisions in your case with real advice, you ultimately
hold the power to make final decisions.
At Knies, Helland & McPherson Law, we have created a new approach to
divorce. We provide traditional divorce services, but we also provide
coaching, mediation, and a la carte services to help fit your needs. We
will work with you to come up with the personalized solution that will
help you the most.
Contact us online today or call us at
(719) 626-8530 to schedule your personalized consultation to discuss your case in full