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Law Offices of Rodger C. Daley and Associates

Experience. Results. Compassion.

Experienced Denver Divorce Lawyers

Marriage dissolution and its attendant issues can be very emotional and stressful, but that doesn’t mean you should stick your head in the sand and hope that the problem goes away. When you recognize that you need legal help navigating the challenges and decisions involved in going through a divorce, our experienced and empathetic legal team at The Law Offices of Rodger C. Daley and Associates is here to help. Our firm has decades of experience in the Denver, Colorado, metro area helping clients through the transition of divorce.

We strive whenever possible to resolve all issues in an amicable and efficient manner. When an amicable resolution is not possible, our team of experienced litigators, expert witnesses, child psychologists, asset investigators and forensic accountants is ready to fight for our clients’ interests in order to obtain the best results. With such a diverse and strong team of professionals and experts at our disposal, our firm can handle even the most complex divorces involving large and complicated assets.

What Is Divorce In the Denver Metro Area?

Divorce is the legal process of ending a marriage. In Denver and throughout all of Colorado, divorce means legally dissolving the marital relationship and settling all related issues. This can include property division, child custody and spousal support. Legal separation, on the other hand, allows couples to live apart without ending the marriage. Both require formal agreements on similar issues, but divorce is final, whereas legal separation is not. The legal process of divorce involves filing a petition, serving papers to the other spouse, negotiating settlements and/or litigating the issues.

What Is The Difference Between A Contested Divorce And An Uncontested Divorce?

If you are considering filing for divorce, you may be feeling uncertain about which type of divorce to file for. Here is a brief overview of what “contested” and “uncontested” divorce means; and how they differ from one another:

  • Contested divorce: When you and your spouse have conflicting views and opinions on the terms of your divorce, these matters will need to be assessed and resolved by the court system. This can make your divorce proceedings costly, stressful and time-consuming.
  • Uncontested divorce: When you and your spouse are amicable on all aspects of your divorce, you can work together to create an agreement that is fair for both parties. This can make your divorce proceeding quicker, cheaper and easier to manage.

Since each divorce case is unique, the ideal approach to take will always depend on your family’s needs and best interests, especially if you have minor children. With our experienced team by your side, you can make informed decisions about your options and choose the right path forward.

Managing The Many Issues In Divorce

Divorce involves many critical issues. Our experienced team handles these with dedication and attention to detail. We understand that each case is unique, and we tailor our approach to meet your needs. Here are some of the key issues we manage:

Our team is strong and collaborative. We work together to provide you with the best representation possible. We aim to resolve these issues efficiently and effectively.

Who Can File For Divorce In Colorado?

Either spouse may file for divorce in Colorado, regardless of whether the separation was initiated by one party or both parties agree that the marriage should end. Colorado is a no-fault divorce state, meaning the only ground required is that at least one party believes that the marriage is irretrievably broken. Courts do not require proof of wrongdoing, which helps keep personal matters private and reduces unnecessary conflict.

To file for divorce in Colorado, at least one spouse must meet the state’s residency requirement. Either spouse must have lived in Colorado for a minimum of 91 days before filing. There is no requirement that both spouses reside in the state, as long as one does. Once residency is established, the divorce petition may be filed in the appropriate county court, including the Denver District Court for those living in the metro area.

In cases where spouses live in different states or countries, Colorado courts may still have jurisdiction if the residency requirement is met. Issues such as property division and child custody may involve additional jurisdictional considerations, particularly when assets or children are located elsewhere.

Whether a divorce is contested or uncontested, filing initiates a legal process that includes mandatory waiting periods, financial disclosures, and potential court involvement. Understanding who can file and where to file is an important first step in navigating the divorce process with clarity and confidence.

The Basic Requirements For Divorce In Denver, Colorado

Residency requirements are the main consideration for a Denver-area divorce. At least one spouse must have 91 days of residency in Colorado to be eligible. In cases involving minor children, the minors must have resided in Colorado for at least 182 days or since birth for their parents to be eligible for Colorado divorce proceedings.

The filing spouse must petition the courts, pay filing fees, serve their spouse with official paperwork and wait at least another 91 days before the legal case can be finalized. In cases where the spouses agree on all terms, the process is considered “uncontested,” while divorces where there are unresolved disputes are called “contested” and must be litigated in court before a judge.

What Are The Grounds For Divorce In Colorado?

In Colorado, you or your spouse can file for divorce when you consider your marriage to be beyond reconciliation or “irretrievably broken.” Colorado’s no-fault divorce laws help keep your personal affairs private. It can also eliminate the usual tension that comes from needing to prove why your marriage didn’t work out.

Additionally, at least one of you must have lived in Colorado for at least 91 days (three months). As long as you or your spouse meet this residency requirement, you can file your divorce in Colorado.

Starting The Process With You

Divorce can feel overwhelming. You may worry about your children, your money, and your future. Every case is different, but most divorces follow the same basic steps. This guide explains what to do and how our firm can help at each stage.

  • Begin with a consultation: The best way to start a divorce is to meet with our firm for a consultation. We listen to your concerns, learn the facts about your marriage, and help you set clear goals for your children, your property, and your finances. This meeting helps you understand your choices and make smart decisions before you file anything.
  • File the divorce paperwork: You must file the right forms and meet all deadlines. Mistakes can cause delays, higher costs, or results that you do not want. Once you hire us, we prepare and file your divorce paperwork, serve your spouse, and track all deadlines.
  • Address temporary orders if needed: Many people need short-term rules during a divorce, especially when children or living arrangements create stress. We help you ask for temporary orders if you need immediate rules for custody, support, or home occupancy. These orders give you structure and stability while the case moves forward.
  • Gather information: Divorce depends on clear facts. You may need to collect documents about income, debts, assets, expenses, and parenting schedules. We tell you what information matters and help you present it in a clear way.
  • Negotiate a fair settlement when possible: Many divorces end with an agreement instead of a trial. We handle negotiations and work toward a result that matches your goals. This can include custody, child support, spousal support, and property division.
  • Prepare for court when needed: Some cases need hearings or a trial. We prepare you for court, explain what to expect, and build a plan based on the law and the facts of your case.
  • Finalize the divorce and move forward: When you reach an agreement or the judge makes a decision, the court signs a final order. After that, you can follow the parenting plan, support orders, and property division terms.

You do not need to handle this process alone. At The Law Offices of Rodger C. Daley and Associates, we take care of the legal steps so that you can focus on moving forward. If you want to start a divorce, schedule a consultation so we can learn about your situation and help you move ahead with clarity and confidence.

Seeking Cooperation First

Our lawyers do not make mountains out of molehills. We look at the big picture and try to obtain a settlement that both sides can be satisfied with. If we cannot reach an agreement, we work with our clients to find a results-oriented mediator who will bring the case to a fair and equitable close. If we are still unable to negotiate a satisfactory settlement of your case, one of our experienced family law attorneys will aggressively pursue the proper results in court.

When we work with our clients to resolve the disputes surrounding their divorce, we always try to work amicably with the opposing counsel. We strive to reach a common ground early in the process regarding matters such as:

  • Spousal maintenance/alimony: Determining fair financial support arrangements for the supportive and dependent spouse.
  • Child custody: Advocating for custodial arrangements that protect the child’s best interests.
  • Parenting time: Upholding the parents’ right to spend time with their children.
  • Child support: Working with parents to find a support agreement that is best for the child’s needs.

We realize that most people want to get their divorce resolved as quickly as possible without sacrificing their best interests. If we are unable to negotiate a satisfactory settlement of your case, we will aggressively pursue the right result in court.

When Should You Hire An Attorney For Your Divorce?

Divorce can change your life, your finances, and your relationship with your children. Some divorces stay simple, but many turn stressful fast. A divorce attorney can protect your rights, explain your options, and guide you through the legal process. Here are common times when you should hire an attorney for a divorce:

  • Hire an attorney right away if you have children: If you share children, divorce raises questions of custody, parenting time, child support, and decision-making. Hire an attorney if you want a plan that protects your children’s best interests and fits your family’s needs. Hire an attorney if your spouse threatens to limit your time with your children or refuses to follow a schedule.
  • Hire an attorney if your spouse has a lawyer: If your spouse hires counsel, you should hire counsel too. A divorce attorney knows the rules, the deadlines, and paperwork requirements. Without your own attorney, you may agree to terms that hurt you long-term.
  • Hire an attorney if you need temporary orders: Many people need fast court orders during the divorce. You may need rules for custody, support, or who stays in the home. A lawyer can help you ask for temporary orders and share the facts clearly with the court.
  • Hire an attorney if you have significant property or debt: Property division can get complex when you own a home, retirement accounts, investments, or a business. Debt can also complicate your case. An attorney can help you identify marital assets, understand your risks, and work toward a fair division.
  • Hire an attorney if you suspect hidden income or assets: If you think your spouse hides accounts, underreports income, or controls the finances, talk with an attorney. A lawyer can request documents and push for full financial disclosure.
  • Hire an attorney if conflict keeps rising: If arguments keep escalating or your spouse refuses to cooperate, a lawyer can handle communication and negotiations. This support can lower stress and reduce mistakes when emotions run high.
  • Hire an attorney if you face domestic violence or intimidation: If you feel unsafe, talk with an attorney right away. A lawyer can help you seek protection, ask for exclusive use of the home, and request custody and support orders quickly.
  • Hire an attorney before you move out or relocate: Moving out of the home or relocating with children can affect custody and property issues. Talk with a divorce attorney before you move so you understand the risks and plan your next steps.
  • Hire an attorney if you want to avoid costly mistakes: Even a simple divorce requires the right forms, proper service, and strict deadlines. A lawyer can help you avoid delays and protect you from signing an agreement that you cannot follow.

Many people get the most value from a consultation before they file. A consultation can help you set goals, understand likely outcomes, and make a plan for your children, property, and finances.

If you consider divorce, meet with our firm for a consultation. We listen to your concerns, learn the facts of your marriage, and explain your options so that you can make informed decisions.

Preserving Your Financial And Parental Rights

During a divorce, the elements of what was once a shared life must be divided up and incorporated fairly into two new lives. This includes dividing time spent with any children from the marriage, as well as dividing up property and other financial assets. When you work with our firm, we can help you through the processes necessary to reach a solution that is fair and workable, striving always to promote your best interests to the greatest possible degree.

Handling All Types Of Divorce, From The Simple To The Complex

Every divorce is different. Some are simple, some are complex, some are contentious and some are amicable. We take the time to listen to the circumstances of your divorce and tailor our approach to meet your individual needs. Whether you’re part of a young couple with no children and few assets, or you’ve been married for years with children, a family business and multiple properties, we can help.

Understanding The “Just And Right” Standard In Colorado Divorce Cases

Colorado divides marital property using equitable distribution, which is often described as a “just and right” approach. This means the court aims for a fair result rather than an automatic 50/50 split. Many cases do end in roughly equal division, but Colorado judges have discretion to adjust the outcome based on the facts.

Courts may consider the length of the marriage, each spouse’s contributions to acquiring property, and the financial circumstances of both parties at the time of divorce. Judges can also weigh income disparities, earning capacity, age, health, and the practical realities of parenting responsibilities. Financial misconduct matters as well. If one spouse wasted marital funds or hid assets, the court may account for that when dividing property.

This standard applies only to marital property. Separate property is not divided, which generally includes assets owned before marriage and gifts or inheritances received individually. Disputes often arise when separate assets become commingled with marital property, so thorough documentation is crucial.

Empathetic Advocates For Emotional Conflicts

No matter how amicable your split may be, divorce is an emotional process that can cloud your thinking and create fear and confusion. It’s also a time when you need to make important decisions about your future. Our attorneys remain sensitive to the emotional turmoil you may be going through. At the same time, we make sure you have all the information you need to make the best possible decisions for your future. With our team on your side, we help you through the difficult process of starting a new chapter in your life while preserving important elements of your past.

Frequently Asked Question About Divorce

Is Colorado an at-fault state?

No, Colorado is a no-fault state for divorce. This means that you do not need to prove that your spouse did something wrong to get a divorce. You simply need to state that the marriage is irretrievably broken. This approach helps to reduce conflict and focuses on fair resolutions. It simplifies the process and focuses on resolving issues rather than assigning blame.

How long does it take to get a divorce in Colorado?

The timeline for a divorce in Colorado can vary depending upon the complexity of the case and whether or not the parties can agree on the terms of the divorce. It takes at least 90 days from filing for divorce until it is finalized.

Who gets the house in a divorce?

If you signed a prenuptial or postnuptial agreement with your spouse, that agreement may already indicate which spouse keeps the home where you live. Without a prior agreement, the outcome of your negotiations with your spouse or litigation in family court determines who keeps the home.

The courts consider preexisting connections to the property, the ability to afford the home, and child custody arrangements when determining possession or who lives in the home. The spouse leaving the home generally has a right to a fair share of equity in the home.

What is considered marital property in Colorado?

Except for inherited property or gifts, marital property is any property or assets acquired by either spouse during the marriage, regardless of who owns the property or whose name is on the title.

What is considered separate property in Colorado?

Separate property is the property that one spouse owned before the marriage or property that one spouse acquired during the marriage by gift or inheritance.

How is property divided in a divorce in Colorado?

Colorado is an equitable distribution state, meaning that the court will divide the marital property fairly and equitably, not necessarily in an equal 50/50 split. The court will consider several factors, including the length of the marriage, each party’s financial situation and the contribution of each party to the marriage.

How is a home divided in a divorce?

There are two ways to divide a home during divorce. The first is to sell the home and split the sale proceeds in a specific manner.

The second involves one spouse retaining possession of the home. The spouse who does not stay in the home has a right to a fair share of home equity under Colorado’s equitable distribution statute.

Refinancing the home mortgage to withdraw equity to compensate the moving spouse is common. You can also reach a settlement that involves careful allocation of marital property and debts in order to balance out home equity.

Do I have to go to court?

Not all divorces end up in court. Many are resolved through mediation or settlement negotiations, when both spouses agree on major issues without a judge’s intervention.

However, if disagreements continue, a court appearance may be necessary to finalize matters such as property division or child custody. When we represent you, we handle court procedures on your behalf and we aim to minimize your time in the courtroom while protecting your best interests.

How do I file for divorce?

Filing for divorce in Denver requires submitting a petition to the court, but you do not have to handle it alone. When you work with us, we prepare and file all necessary documents, helping ensure that every legal requirement is met.

We guide you through the process, keep you informed, and help you make sound decisions at each stage.

What is a divorce petition?

A divorce petition is the formal document that starts the divorce process. It:

  • Identifies both spouses and their children (if any)
  • Details requests for matters such as the division of assets and debts, maintenance, or child support

It helps set the stage for how the court will handle your divorce. Our firm helps ensure that the petition accurately reflects your needs and safeguards your rights from the outset.

What happens after the divorce petition is filed?

After the petition is filed, the other spouse must be formally served, giving them the opportunity to respond. From there, the process may involve exchanging financial disclosures, negotiating settlements, and/ or attending court hearings if necessary.

When we represent you, we manage all communications, documentation and legal procedures, thereby allowing you to focus on your life.

What is the difference between legal separation and divorce?

Legal separation allows couples to live apart while resolving issues such as property division and child custody, without ending the marriage.

On the other hand, divorce permanently dissolves the marriage. Some choose legal separation for personal or financial reasons, such as maintaining health insurance benefits.

Why do I need to hire a Denver divorce attorney?

You need someone looking out for your best interests throughout a divorce. You also need someone familiar with Colorado’s laws and the professionals working in the Denver-area courts.

Our firm has the local knowledge and experience that you need to pursue the best possible divorce outcome. We can educate you about the law and your rights while assisting you with the creation of a realistic and effective divorce strategy.

Speak With An Attorney About Your Situation

Whether you are trying to establish a fair child custody arrangement or divide your property equitably, we can help you get the results you want. Contact us online or call 720-773-5708 to schedule your free initial consultation.