Skip to content
Wedding ring, pen and money, couple getting divorced

Divorce

The Fort Collins divorce lawyers at the Cossitt Law Firm can walk you through the divorce process and give you peace of mind that your case is advanced with your best interest at heart.

Divorce can be a difficult to navigate when you don’t have a clear understanding of the law or the processes involved. The divorce process can be exceptionally difficult when children are involved.

A few things to keep in mind when divorcing in Colorado;

  • Colorado is a “no fault” state, no one party can be blamed as the “cause” of the divorce.
  • Divorce proceedings can move forward even if only one party wants the divorce.
  • One of the parties must live in Colorado for at least 90 days before filing for divorce.
  • Common law marriage is recognized in Colorado, and common law divorces proceed the same as any other divorce.

What Will be Addressed in your  Colorado Divorce

A divorce will address:

Alternatively, if you want to stay married but split custody and assets, you may consider a legal separation.

How Long will my Colorado Divorce Take?

The length of time it takes to get divorced depends on several factors. At the very minimum, a divorce will take 91 days from the time it is properly filed with the courts. Although most divorces take several months, some can last for several years if it is highly contested or if the party’s financials are complex.

Does My Divorce Have to Go to Trial?

Many divorces cases settle out of trial. Your divorce or custody case can be resolved through mediation and negotiations. However, when the parties cannot agree our Fort Collins divorce attorneys will vigorously represent your interests at trial.

Fort Collins Divorce and Family Law Attorneys Here to help you Navigate your Divorce

The filing process for divorce may seem overwhelming but your experienced Fort Collins divorce attorney at the Cossitt Law firm will keep you informed every step of the way. Contact us today to schedule a free consultation with one of our knowledgeable family law attorneys.

At the Cossitt Law Firm we know that your case is personal and multifaceted. We tailor our representation to your family and individual needs because we understand that all relationships and families are unique.

We offer free consultations to discuss your concerns and how the law can protect your well-being. Contact us today to learn how we can support you.

If you were just served with divorce or custody papers you are likely wondering what to do next? Here is what you can expect, if you still have questions, we are here to help.

If you have children and are going through a divorce, one of the hardest things to do is to tell your children. Learn more about the effects of divorce on children and how you can best proceed forward.

How can I Plan for my Divorce? Pre-divorce planning is about making wise decisions as it can assist you in identifying all of the potential issues you may encounter going through the process thereby allowing you to position yourself for a favorable resolution.

How long will it take for the Court to issue a Decree of Dissolution of Marriage? The earliest a Colorado court could issues the divorce decree is 91 days after the petition was filed. However it can take longer than 91 days, as expert valuations and reports may be needed. Your divorce can also take longer than 91 days if full agreements cannot be reached.

How can a divorce attorney help with an uncontested divorce? Uncontested divorce generally means the parties have agreed upon all issues, or they believe they will be able to easily agree on all issues. A divorce attorney can help with an uncontested divorce by ensuring everything drafted properly, so if there is disagreement in the future and things fall apart, you will have a properly drafted Separation Agreement to rely on.

What are mandatory financial disclosures?   Financial disclosures are required of both parties in every divorce case, within the first 45 days after the petition has been filed. The exchange of mandatory financial disclosures is intended to put each party on a level playing field as it relates to the finances of the divorce.

What is the difference between legal separation and divorce? Marriage is a status and with it comes certain benefits, by way of example health insurance is often available through employment to the employee and their spouse. Both legal separation and divorce proceed the same, but in the end of a legal separation the status of marriage continues with some limitations. Learn more about legal separation here.

Do I need an attorney for my divorce? While you do not have to hire an attorney for your divorce, the complexities of filing, attending court appearances, meeting deadlines and negotiation with your soon to be ex can become very overwhelming. An attorney will represent your best interests, uphold legal standards and ensure your divorce goes as smoothly as possible.

How long do I need to live in Colorado to file for a divorce in Colorado?For most, you must be a resident of Colorado for a minimum of 91 days prior to filing for a divorce in Colorado. However, under limited circumstances you may be able to file before you have resided in Colorado for 91 days. Speak with a divorce attorney if you are concerned about where you should file.

What does a no-fault divorce mean? A no fault divorce means that no one party can be blamed as the cause of the divorce. Property division and any award of maintenance will be made by the Court without considering marital misconduct. In Colorado, in order to divorce the parties must only claim irreconcilable differences.

I don’t know where my spouse is, can I still get divorced? How would they be served with the divorce papers? Yes, you can still file and proceed with a divorce. Service of process of your divorce papers can be accomplished even when the person cannot be located through a process known as Publication. When it comes time for the Judge to decide your case, the Court can proceed without the other party with a default divorce judgement.

We both agree on everything, do I really need an attorney? While there are parties who can come to an agreement regarding all issues in their case, later on down the road parties could begin having disagreements and the Court JDF Parenting Plan and/or Separation Agreement may leave to many gaps and lack important details. Parties often find they need additional and more specific provisions for their case if they filed for a divorce without an attorney. Our Parenting Plan and Separation agreements are tailored to your case's specific needs. Having an attorney while going through a divorce or child custody case could save you money and headaches in the long run.

We both agree on everything, do I really need an attorney? The answer to this question can be complex, as dividing business interests in a divorce will depend on several factors. If you are a business owner going through divorce it is important to determine whether this business interest of the business owner going through a divorce is a marital interest, premarital, or separate interest. Learn more about business owners divorce here.  

How will my divorce be resolved? The majority of our divorce cases settle through direct negotiations with the other side. However, when agreements cannot be reached those remaining issues will be left up to the judge to decide. Our Fort Collins divorce attorneys can resolve divorces through negotiations, mediation, arbitration and we are skilled trial attorneys how will present your side of the case most favorably if you have to let the judge decide.


Top Divorce Related Pages at Cossitt Law Firm

Divorce Decree Paper work

I Want to Get Divorced


If you have decided to get a divorce, the next steps can seem daunting. Here we provide a few answers to common questions about filing for divorce.

Read More
Person getting served divorce papers

I Just Got Served


If you were just served with divorce or custody papers you are likely wondering what to do next? Here is what you can expect, if you still have questions, we are here to help.
Read More
Types of Divorce

Types of Divorce


Depending on your family, financial, and personal circumstances there are many factors you will want to consider when filing for divorce. Find out what type of divorce is right for you.

Read More
Young child listening to parents fight

How Divorce Affects Children


If you have children and are going through a divorce, one of the hardest things to do is to tell your children. Learn more about the effects of divorce on children.

Read More

Frequently Asked Questions about Divorce

cutout of people implying divorce

Planning for Divorce


How can I Plan for my Divorce? Pre-divorce planning is about making wise decisions as it can assist you in identifying all of the potential issues you may encounter going through the process thereby allowing you to position yourself for a favorable resolution.
Read More
Divorce Check List

The Courts Timeline for Divorce


How long will it take for the Court to issue a Decree of Dissolution of Marriage? The earliest a Colorado court could issues the divorce decree is 91 days after the petition was filed. However it can take longer than 91 days, as expert valuations and reports may be needed.

Read More
Divorce papers with wedding rings on them

Uncontested Divorce


How can a divorce attorney help with an uncontested divorce? Uncontested divorce generally means the parties have agreed upon all issues, or they believe they will be able to easily agree on all issues. A divorce attorney can help with an uncontested divorce by ensuring everything drafted properly.

Read More
Stack of a couples financial papers

Financial Disclosures


What are mandatory financial disclosures?   Financial disclosures are required of both parties in every divorce case, within the first 45 days after the petition has been filed. The exchange of mandatory financial disclosures is intended to put each party on a level playing field as it relates to the finances of the divorce.

Read More

Fort Collins Divorce & Child Support Attorneys

Tom Cossitt

Tom Cossitt, Esq.

Family Law
Suzanne Ewy

Suzanne Ewy, Esq.

Family Law
Carla Jaquess

Carla Jaquess, Esq.

Family Law
Jenna Hardesty

Jenna Hardesty, Paralegal

Family Law

Testimonials

  • "I am very appreciative of Toms services. English is a second language to me, and this process seemed difficult because of that barrier. He was very patient and thorough making sure I understood everything before he proceeded. I will recommend him to everyone! He truly cares about you, as does his wonderful, helpful team"

    Abigail
    Review from AVVO

  • "I had a very challenging case, one that could have had indefinite financial consequences. Tom Cossitt evaluated my case and identified several strategies for moving forward. I chose one and Tom developed and implemented that strategy with speed and with the utmost in professionalism. The documents he drafted on my behalf, based on extensive research and case law / precedent were thorough and comprehensive. When the Court ruled, it used the arguments as developed by Tom Cossitt verbatim in its decision, and the case was decided in my favor. Needless to say, I was pleased beyond words. Based on my experience and the outcome of my case, I would highly recommend Tom Cossitt to anyone requiring the services of a family law attorney."

    Dan
    Review from Google

  • "I met with as many as 10 different attorneys before coming across Thomas. After our initial consultation, I was very pleased with his knowledge and realistic expectations. During the really tough time, Thomas kept me calm and helped tremendously to get custody of my daughter. He kept me informed on what was going on and would ask for my input; if it was something that was unrealistic or could be done a different way, Thomas would tell me right away. During the hearings, he was amazing. He kept a professional attitude and was great at cross examinations. He took in all of the facts and evidence, and was able to present them efficiently and effectively. Ultimately helping me gain custody of my child."

    Mitchell
    Review from AVVO

The Cossitt Difference: Fort Collins Divorce Attorneys That Care

AFCC Colorado Logo
Law Week Colorado Logo
Colorado Bar Assocation Logo
Fort Collins Chamber Logo
Super Lawyers Logo
Lead Counsel Verified Logo
Avvo Client's Choice Logo
Expertise Logo

Schedule a Consultation with one of our Fort Collins Family Law Attorneys

(970) 488-1887
linkedin facebook pinterest youtube rss twitter instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter instagram