Divorce is rarely simple — and after more than 150 years of practicing family law in Longmont, we know that the financial and emotional weight of ending a marriage can be just as difficult as the legal process itself. Flanders, Elsberg, Herber & Dunn has guided Boulder County families through every stage of dissolution: property and asset division, spousal maintenance, child custody, parenting time, and support. Our approach is straightforward — we work toward resolutions that are equitable and durable, whether that happens at the negotiating table or in front of a judge. If you're ready to talk, our Longmont office is available for a consultation
Colorado is a no-fault divorce state. That means neither party is required to prove wrongdoing — stating that the marriage is "irretrievably broken" is sufficient to file. In practice, this tends to keep proceedings focused on practical matters rather than courtroom accusations. That said, misconduct isn't always irrelevant; judges retain discretion to consider certain conduct when evaluating alimony, asset allocation, or the welfare of children.
Before filing in Boulder County, at least one spouse must have lived in Colorado for 91 days. Children involved in the case must have resided in the state for at least 182 days — or since birth, if they're newborns. Court filing fees run $230. From there, timelines vary considerably. A straightforward uncontested divorce can be finalized relatively quickly once that 91-day minimum has passed. Cases involving significant assets, business interests, or disputed custody tend to take longer — sometimes well over a year. We'll give you a realistic picture of what to expect from the outset.
Uncontested divorces can finalize in 91 days. This is the fastest a divorce may be finalized in Colorado. Contested divorces however, may take 6-12 months or more, depending on complexity and the ability of the parties to come to an agreement (or not).
The short answer is no. Colorado is a no-fault state. The “wrong-doing” or indiscretions of either party are not relevant in granting a divorce nor are they relevant for the division of property and assets, alimony, or for the allocation of parenting time and decision-making. Though, the wrong-doing, in certain cases, may have some impact in cases where child safety or financial abuse is a factor.
While not required, it is recommended that the parties in a divorce and/or child custody case seek representation. For complex issues like children or assets, having a licensed attorney to represent your needs and wants helps you protect your rights and avoid pitfalls which may have a devastating effect on your case.
This answer depends heavily on your unique situation. While it can be costly to live together during the divorce process, for highly-contentious cases where there may be emotional, verbal, or physical abuse, living separately during the process may be a necessary reality for some couples. There are mechanisms under Colorado law which may allow one spouse to stay in the marital home exclusively while the divorce is pending, particularly in those cases where abuse is a factor.
Unfortunately, Colorado law treats pets as “property”. While we know that is not the reality for our beloved furry friends, it is important to know how the law will treat them. Courts in Colorado will allocate pet responsibilities based on several factors including how the dog came into the marriage (brought by one person or together), who was the primary caretaker (vet visits etc.), and who has the ability to best care for the animal. Based on these factors and others, the court will then “award” the pet to one person or order joint ownership.
Colorado is a “no-fault” divorce state. This means that unlike other states, Colorado courts are prohibited from considering bad behavior in the marriage when allocating assets, property, and parental responsibility. That being said, courts may consider infidelity in other ways such as if there has been use of marital assets to support a person outside the marriage.
The answer to this question depends entirely on your individual case. Cases in which the parties are amicable can be resolved very cost-effectively. Cases in which one or both parties are fighting of the spoons, so to speak, can become expensive quickly. It is important to keep your eye on the goal throughout this process and constantly do assessments of whether a particular item is worth fighting for. A good rule of thumb is that if the item is worth less than three (3) hours of your attorney’s billing rate, it is not worth fighting over as you would be better served to give it up and re-purchase it. REMEMBER: the goal is not to put your attorney’s kids through college but rather to set up your own future.
Mediation in divorce is having a third-party step in the middle of warring spouses to shuttle negotiations. Mediation can be costly so it is good to consider this when weighing the pros and cons making compromises throughout the divorce process. Most cases come to settlement before mediation becomes necessary, however the court will mandate mediation before a trial. In highly contentious cases, mediation is a reality. That being said, the agreements made in mediation must be voluntary and no one can force you into agreeing to any decision in mediation. A good attorney can help you avoid the expense of mediation by helping you bring your case to resolution before trial.
Flanders, Elsberg, Herber & Dunn, LLC has survived since 1871 for many good reasons, not the least of which are excellent legal representation and exemplary client communication and service. Come see the difference that our knowledgeable, local attorneys can make. Call us at 303.776.5380 or contact our Longmont office online.
The law firm formed in 1871 by Col. Byron L. Carr and Charles E. Day
The law firm became Carr and Secor after F. P. Secor read for the law under the supervision of Col. Carr
The law firm became Secor and Secor after F. P. Secor’s son, Gray Secor joined.
After graduating from the University of Colorado Law School, Horace Greeley McCarty began office sharing with Secor and Secor.
L.B. "Larry" Flanders graduated from the University of Colorado first in his business school & law school classes. Larry was the grandson of F. P. Secor, joined the firm.
The law firm became Secor, McCarty & Flanders.
After graduating from the University of Colorado Law School, Tom Wood began practicing with the firm.
The law firm became Secor, McCarty, Flanders & Wood.
John C. Flanders, great grandson of FP Secor joined the law firm.
The law firm became Flanders, McCarty, Wood & Sonnesyn.
Thomas L. Stover joined the law firm.
The law firm became Flanders, Sonnesyn & Stover.
Kathleen A. Ellis joined the law firm.
Scott W. Dunn joined the law firm.
The law firm became Flanders, Stover, Elsberg & Ellis, LLC when R. Lee Elsberg joined the firm.
The law firm became Flanders, Stover, Elsberg, LLP.
Elizabeth A. Montague joined the law firm.
Mark A. Herber began his solo law practice.
The law firm became Flanders & Elsberg, LLP.
Mark A. Herber and Clinton K. Nash merged to become Herber & Nash, P. C.
Elizabeth A. Raba joined Herber & Nash, P. C.
The law firm became Flanders, Elsberg & Dunn, LLC.
Crystal M. Mitchell joined Herber & Nash, P. C.
Ted J. Finn joined Herber & Nash, P. C.
Flanders, Elsberg & Dunn, LLC and Herber & Nash, P. C. merged to become Flanders, Elsberg, Nash, Herber & Dunn, LLC.
Current – Flanders, Elsberg, Herber & Dunn, LLC
Theodore J. Finn and Elizabeth A. Montague became Partners at Flanders, Elsberg, Herber & Dunn, LLC.
Andrew. N. Dunkin joined the law firm.
John retired after practicing law in the state of Colorado for 49 years.
Mark E. Ringer joined the law firm.
Lee retired after practicing law in the state of Colorado for 46 years.
Elliott Browning and Ryan Facinelli joined the law firm.
Brian Allard joined the law firm.
No two divorces look alike. A marriage of three years with no children and rented apartment is a fundamentally different legal matter than a 20-year marriage with kids, a house, retirement accounts, and a jointly-owned business. Our Northern Colorado family law team has handled both ends of that spectrum — and everything in between — for over 150 years.
The issues we typically work through with clients:
A DIY divorce is possible in Colorado, but the mistakes people make — particularly around asset disclosure, parenting agreements, and support calculations — can take years and significant legal fees to untangle after the fact.
A few meaningful updates took effect this year that affect how cases move through the courts:
These aren't dramatic overhauls, but they affect strategy. We keep current on exactly this kind of thing so our clients don't have to.