FORTRESSFamily Law

Family Law FAQ

Straight answers to hard questions.

Colorado family law has its own vocabulary and its own clocks. These are the questions we hear most, answered plainly.

Do I have to prove my spouse did something wrong to get divorced?

No. Colorado is a no-fault state: the only ground for dissolution is that the marriage is irretrievably broken. Our divorce guide covers the process start to finish.

How long does a divorce take in Colorado?

The legal minimum is 91 days from service, but most cases take longer. How long your divorce ultimately takes depends on a number of factors, including whether a negotiated settlement is reached, the extent of pre-trial litigation (such as formal discovery and valuations), and the court's calendar.

What will my case cost, and what if my spouse controls the money?

There is no single number, because cost depends on the shape of your case. The biggest drivers are whether a negotiated settlement can be reached, the extent of pre-trial litigation (temporary orders hearings, emergency motions, discovery, and expert work), and the court's availability. We talk through fees openly at your free consultation so you know what to expect for your situation.

One thing many people do not know: if your spouse controls the finances, Colorado courts can order one spouse to contribute to the other's attorney fees under C.R.S. 14-10-119, so both sides can afford counsel. Do not assume you cannot afford representation before you have asked.

We never had a wedding. Could we still be legally married?

Possibly. Colorado is one of the few states that recognizes common law marriage. There is no checklist of years lived together; courts look at whether the couple mutually agreed they were married and held themselves out that way, through things like joint finances, shared names, and how they described each other.

Whether a common law marriage exists is often the first fight in a case, because everything else depends on it: no marriage means no dissolution, no marital property division, and no maintenance. If this question touches your situation, raise it at your free consultation before anything else.

How do Colorado courts decide custody, and can we get a 50/50 schedule?

Colorado allocates parenting time and decision-making by the best interests of the child, with no automatic presumption of any schedule. Equal time works for many families and courts order it regularly, but the outcome turns on your children and circumstances. The custody guide covers how allocations actually get decided.

How is child support calculated, and when does it end?

Colorado combines both parents' gross incomes and divides a schedule amount in proportion to income, adjusted for overnights, health insurance, and child care. The law changed on March 1, 2026: parenting time now earns a credit from the very first overnight. Our free calculator runs the current rules, and support generally lasts until age 19 with exceptions in both directions.

Will maintenance (alimony) be part of my case?

Not automatically. The court first asks whether the requesting spouse genuinely needs it after the property division; advisory guidelines then suggest amounts and durations, and judges keep discretion. Run the maintenance calculator for the guideline math, and see the maintenance guide for how these cases actually resolve.

Who keeps the house, and what happens to retirement accounts?

Colorado divides marital property equitably, which means fairly in light of all the circumstances, not automatically 50/50, and separate property generally stays separate. Homes, retirement accounts, and businesses each have their own mechanics, covered in the divorce guide. The right answer depends on the whole financial picture, not one asset in isolation.

Do we have to go to court?

Usually not for everything, and sometimes not at all. Most Denver metro judicial districts require mediation before a contested hearing, and many families resolve every issue by agreement that a judge then approves.

When court is necessary, preparation matters. We prepare every case as if a judge will decide it, which is also the best way to reach a strong settlement.

Can parenting or support orders be changed after the case is over?

Yes, in the right circumstances: support when things change in a substantial and continuing way, parenting arrangements under their own standards, and enforcement when the other party ignores an order. The modifications guide explains which standard applies to which change.

I am worried about my safety. How fast can the court act?

Quickly. A Colorado judge can issue a temporary civil protection order the same day you ask if the legal standard is met, and then holds a hearing to decide whether the order becomes permanent.

If you are in immediate danger, call 911 first. Then get legal help right away, because the permanent hearing comes fast and preparation matters.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

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