Divorce is rarely easy, but it becomes significantly more complicated when spouses cannot agree on the major issues involved in ending a marriage. In Colorado, this situation is known as a contested divorce. When disagreements arise over matters such as parenting time, property division, financial support or responsibility for marital debt, the process requires careful legal work and thorough preparation. At Datz Law Firm, our Colorado divorce representation guides clients through every stage of a contested case with the goal of protecting their rights and securing a stable outcome.
Understanding What a Contested Divorce Means
A contested divorce is one in which the spouses do not agree on one or more of the key issues that must be resolved before the court can finalize the dissolution. Colorado is a no-fault divorce state, which means spouses do not have to prove wrongdoing to obtain a divorce. However, even in a no-fault system, disagreements about the terms of the divorce can lead to formal hearings, court orders, and, in some cases, a trial.
The issues most commonly involved in a contested divorce include:
- Division of marital property and debts
- Parenting time and decision-making responsibilities
- Child support obligations
- Spousal maintenance (alimony)
- Valuation of significant assets, including real estate or a family business
When spouses cannot resolve these issues through discussion or negotiation, the court must intervene to make decisions based on Colorado law and the evidence presented. Because these decisions have long-term consequences, obtaining knowledgeable legal guidance is essential.
Why Contested Divorces Happen in Colorado
Contested divorces arise for many different reasons. Sometimes spouses have different understandings of their financial situation or different priorities for parenting schedules. In other cases, emotions such as frustration, distrust, or fear of financial instability make compromise difficult. Regardless of the reason, a contested divorce is a legal process that requires thorough preparation and an understanding of how Colorado courts handle disputes.
Common causes of contested divorce include the following:
- Disagreements about property division. Colorado follows equitable distribution laws, which means property is divided fairly but not necessarily evenly. When spouses disagree about what is fair, disputes arise quickly.
- Differences in parenting approaches. Parenting schedules and decision-making authority often become the most sensitive parts of the case, especially when parents have different work schedules or lifestyle preferences.
- Financial questions. Spousal maintenance, child support, and responsibility for marital debt frequently become points of conflict.
- Complex assets. When the couple owns a business, multiple properties, or significant investments, valuation becomes a central issue.
- Breakdown of communication. Even couples who initially agree to cooperate sometimes find that discussions become unproductive, leading to a contested case.
Every contested divorce is unique, but all require organization, persistence, and clear legal strategy to reach a resolution.
How the Contested Divorce Process Works
Contested divorces follow a structured process in Colorado. After one spouse files the petition and the other responds, both parties begin gathering information and preparing their positions. This phase, known as discovery, includes exchanging financial records, appraisals, parenting information, and other documents necessary to support each spouse’s arguments.
Throughout this process, the court may schedule status conferences, temporary order hearings, or mediation sessions. Temporary orders may cover issues such as parenting schedules, temporary financial support, or use of the marital home while the case is pending. These temporary decisions remain in place until the final orders are issued.
If the parties cannot settle all issues through negotiation or mediation, the case proceeds to a final hearing or trial. At trial, each side presents evidence, witness testimony, expert evaluations, and legal arguments. The judge then issues permanent orders, which determine how property is divided, how parenting time is shared, and what support obligations apply.
How an Attorney Helps During a Contested Divorce
Navigating a contested divorce without experienced representation is challenging. The legal, financial, and emotional stakes are high, and Colorado family courts expect parties to follow specific procedures and meet critical deadlines. An attorney provides structure and protection throughout the process and helps ensure that your position is presented clearly and supported by evidence.
Some of the key ways an attorney assists during a contested divorce include:
- Evaluating your financial and parental position. An attorney helps determine your goals, identify your priorities, and build a case strategy tailored to your circumstances.
- Gathering and organizing evidence. This includes financial statements, income records, property valuations, parenting schedules, and expert evaluations when appropriate.
- Negotiating with the other party or their attorney. A lawyer can often resolve disputes without the need for a trial, saving time, money, and stress.
- Preparing for and representing you in court. When a trial is necessary, an attorney presents your case clearly, professionally, and in accordance with Colorado legal standards.
- Protecting your long-term interests. Decisions made during a divorce have lasting consequences. An attorney ensures that parenting rights, financial stability, and property interests are fully considered.
The representation provided by an attorney can prevent mistakes, reduce unnecessary conflict, and help achieve a more favorable and balanced outcome.
Speak With Us About Your Contested Divorce
If you are facing a contested divorce in Louisville, Boulder County, or the surrounding areas, we are here to help guide you through each step of the process. Our team can assist with financial disputes, parenting issues, and all other aspects of a contested divorce. To learn more or to schedule a consultation, please contact us today.
