When You and Your Spouse Can't Agree, You Need Someone Who Can Go the Distance
A contested divorce is one of the most consequential legal processes you will face. I bring more than 30 years of Colorado family law experience to every case I take, and I take fewer cases than most so that yours gets the attention it deserves.
What Makes a Divorce "Contested" in Colorado
A divorce becomes contested when the two parties cannot reach full agreement on one or more core issues before the court. It does not mean the case will go to trial, though some do. It means the process requires legal advocacy, careful documentation, and a strategy built around your specific circumstances.
The issues most commonly in dispute include:
- Division of marital property and debt
- Allocation of parental responsibilities, including parenting time and decision-making authority
- Child support calculation, especially with complex or variable income
- Spousal maintenance amount and duration
- Business valuation and asset classification
- Retirement account division and tax treatment
Colorado courts resolve these disputes under an equitable distribution standard, which means fair, not necessarily equal. Understanding how that standard applies to your specific assets, income, and parenting situation is where experienced legal counsel makes a measurable difference.
How a Contested Divorce Unfolds in Colorado
Most contested divorces do not begin as battles and do not end in a courtroom. The process moves through defined stages, and resolution is possible at any point along the way.
Step 1: Filing and Service
One spouse files a Petition for Dissolution of Marriage. The other spouse is served and has 21 days to respond. The case is now open, and temporary orders may be requested to address parenting time, support, and use of the marital home while the case is pending.
Step 2: Temporary Orders
If the parties cannot agree on interim arrangements, the court holds a temporary orders hearing. These orders govern daily life during the divorce, including where the children live, who pays which bills, and whether either spouse receives temporary maintenance.
Step 3: Discovery
Both parties exchange financial disclosures and may request additional documentation, depositions, or expert valuations. In high-asset or business-ownership cases, this phase is where the outcome is often shaped.
Step 4: Mediation
Colorado courts require most divorcing parties to attempt mediation before trial. As a trained mediator in both Colorado and Illinois, I understand this process from both sides of the table. Mediation can resolve a contested divorce without a judge deciding the outcome.
Step 5: Settlement or Trial
The majority of contested divorces settle before trial, often after mediation or a settlement conference. When settlement is not possible, I am fully prepared to present your case to the court and advocate for a fair result.
What I Bring to a Contested Divorce
Thirty years of exclusive family law practice means I have handled the full range of what contested divorces involve: high-conflict custody disputes, business valuations, hidden-asset investigations, cross-county filings, and cases where the other side is represented by a large firm with significant resources.
I work as a solo practitioner by choice. Every case I accept is handled personally by me, from the initial consultation through final decree. You will not be handed off to a paralegal or a junior associate at a critical moment in your case.
- Licensed in Colorado since 1991, exclusively family law since 1993
- Trained mediator, positioned to negotiate effectively and litigate when necessary
- Child-focused approach grounded in Colorado's best-interests standard
- Competitive fees relative to large-firm partners with equivalent experience
- Virtual consultations available statewide, with a Denver office at 730 17th Street
Contested Divorce When Children Are Involved
When children are part of a contested divorce, the stakes are higher and the process is more complex. Colorado does not use the term "custody." Instead, the court allocates parental responsibilities, which includes both parenting time and decision-making authority over education, healthcare, religion, and extracurricular activities.
I approach every contested divorce involving children with the understanding that the parenting arrangement you establish now will shape your family for years. I work with parenting coaches, counseling referrals, and tools like the Split app to help families in transition build workable co-parenting structures alongside the legal process.
Contested Divorce Across Colorado
I represent clients in contested divorce proceedings throughout Colorado, including Denver, Boulder, Colorado Springs, Weld County, Adams County, Park County, and Fremont County. For clients in Summit County, Eagle County, and Grand County, virtual consultations eliminate the barrier of distance without reducing the quality of representation.
If you are facing a contested divorce anywhere in Colorado, I am available to help.
Next Steps
Contact Susan Pesch to discuss your contested divorce case and explore your options.
Frequently Asked Questions About Uncontested Divorce in Colorado
How long does an uncontested divorce take in Colorado?
Colorado law requires a minimum 91-day waiting period from the date the respondent spouse is served or signs a waiver of service. With complete agreement and properly drafted documents, many uncontested divorces are finalized shortly after that window closes. Delays typically result from incomplete paperwork or unresolved issues that surface during the drafting process.Do both spouses need their own attorney in an uncontested divorce?
No, but I can only represent one spouse. The other spouse may choose to hire independent counsel to review the agreement, which I generally encourage. I cannot give legal advice to both parties, and an unrepresented spouse who later claims they didn't understand what they signed can create complications after the decree is entered.What is the difference between an uncontested divorce and a legal separation in Colorado?
A legal separation uses the same process and resolves the same issues as a divorce, but the marriage is not legally dissolved. Some couples choose legal separation for religious reasons, insurance purposes, or because they haven't met Colorado's 91-day residency requirement yet. Either path requires the same quality of documentation.Can we use one attorney for an uncontested divorce in Colorado?
One attorney can represent only one spouse. However, if both spouses are in genuine agreement and the unrepresented spouse understands they are not receiving legal advice, the process can move forward with a single attorney drafting the documents. I'm transparent about this limitation from the first conversation.What if we agree now but disagree later during the process?
It happens. If new issues surface during drafting or one spouse changes their position, the case may shift toward a contested posture. I'm a trained mediator in both Colorado and Illinois, so I'm well-positioned to help couples work through disagreements without immediately escalating to litigation. The goal is always to find a resolution that holds.How much does an uncontested divorce cost in Colorado?
Cost depends on the complexity of your assets, whether children are involved, and how much agreement exists at the start. Uncontested divorces are significantly less expensive than contested litigation. I offer competitive pricing relative to large-firm rates, with the added benefit that your case is handled personally by me, not delegated to a junior associate. I discuss fees directly during the initial consultation.