Divorce Attorney Serving Denver, Eagle County & Summit County
Lewis & Matthews, P.C. has represented clients in Colorado divorce proceedings for more than 30 years. Attorney Jennifer Lewis handles every case personally — from straightforward uncontested divorces to high-asset cases involving business interests, retirement accounts, and real property across multiple counties. The firm serves clients in the Denver metro area, Eagle County (including Vail, Avon, and Edwards), and Summit County (including Breckenridge, Frisco, and Dillon).
Divorce in Colorado involves more than filing paperwork. Property division, spousal maintenance, parental responsibilities, and debt allocation each carry long-term financial and personal consequences. Getting the outcome right matters — and that requires an attorney who knows Colorado law, knows the local courts, and handles your case directly.
Schedule a Consultation — (303) 329-3802
Colorado Divorce Law — What You Need to Know
Colorado is a no-fault divorce state. The only legal grounds for dissolution of marriage is that the marriage is irretrievably broken — you do not need to prove fault, misconduct, or specific cause. Either spouse can file, and the other cannot legally prevent the divorce from proceeding.
To file for divorce in Colorado, at least one spouse must have been domiciled in the state for 91 days prior to filing. Colorado also imposes a mandatory 91-day waiting period after the divorce petition is served before the court can enter a decree of dissolution. This is the minimum — most cases take longer, and contested cases can run one to two years depending on complexity.
Colorado divides marital property under the principle of “equitable distribution” — meaning the court divides property fairly, but not necessarily equally. Separate property (assets owned before the marriage, or received as a gift or inheritance during the marriage) is generally not subject to division, though appreciation in value during the marriage may be.
Types of Divorce Cases We Handle
Lewis & Matthews handles the full range of Colorado divorce matters, from simple to complex.
Contested Divorce When spouses cannot reach agreement on property division, spousal maintenance, parental responsibilities, or debt allocation, those issues go before a judge. Jennifer Lewis prepares contested cases thoroughly — including financial analysis, witness preparation, and full trial readiness — while continuing to pursue negotiated resolution wherever it is achievable.
→ Learn more about contested divorce in Colorado
Uncontested Divorce When both parties have agreed on all issues — or can reach agreement with limited negotiation — Lewis & Matthews prepares and files the required documentation efficiently, minimizing cost and time. Even in uncontested cases, having an attorney review the agreement before it becomes a court order protects you from terms that may not hold up or that you don’t fully understand.
→ Learn more about uncontested divorce in Colorado
Collaborative Divorce In a collaborative divorce, both spouses and their attorneys sign a participation agreement committing to resolve all issues outside of court. The process is structured, private, and often preserves the working relationship necessary for effective co-parenting. If the collaborative process fails, both attorneys withdraw and the parties must retain new counsel for litigation — an incentive that keeps negotiations productive.
→ Learn more about collaborative divorce in Colorado
High-Asset Divorce Divorce cases involving closely held businesses, investment portfolios, stock options, pension plans, rental properties, or significant inherited assets require a different level of financial and legal analysis. Jennifer Lewis has handled high-asset divorces across Denver, Summit County, and Eagle County — including cases requiring business valuation, QDRO preparation, and real property appraisal coordination.
Men’s Rights Men face distinct challenges in Colorado divorce proceedings — particularly around parental responsibilities, spousal maintenance exposure, and the perception that courts favor mothers in custody matters. Colorado law requires equal treatment, but advocacy quality matters. Jennifer Lewis has a strong track record representing fathers and husbands in both settlement and trial.
→ Learn more about men’s rights in Colorado divorce
Women’s Rights Women who are primary earners, business owners, or who have remained outside the workforce during marriage each face different financial risks in divorce. Lewis & Matthews provides representation focused on what the numbers actually mean long-term — not just what the decree says.
→ Learn more about women’s rights in Colorado divorce
Post-Decree Modifications A divorce decree is not permanent. Colorado courts can modify maintenance, child support, and parenting plans when a substantial and continuing change in circumstances has occurred. Common triggers include a significant income change, a parent relocating, remarriage, or a material change in the child’s needs. We handle modification petitions and contested modification hearings.
→ Learn more about post-decree modifications
The Colorado Divorce Process
Understanding the process reduces the uncertainty. Here is how a Colorado divorce case typically moves from filing to final orders.
Filing and Service
The divorce process begins when one spouse (the petitioner) files a Petition for Dissolution of Marriage with the district court. If both spouses file together, they file a Joint Petition. The filing must establish Colorado domicile of at least 91 days. Once filed, the other spouse has 21 days to respond (35 days if served out of state). The 91-day waiting period begins when the petition is served or when both spouses file jointly.
Temporary Orders
If the parties cannot agree on financial arrangements or parenting time during the pendency of the divorce, either spouse can request a temporary orders hearing. The court can enter temporary orders covering payment of household bills and debts, spousal support, child support, and allocation of parenting time. These orders remain in effect until modified or superseded by the final permanent orders.
Financial Disclosure
Colorado requires both parties to complete mandatory financial disclosures — including income, assets, debts, and monthly expenses — early in the case. These sworn disclosures are the foundation for all negotiations and court decisions on property division, maintenance, and child support. Incomplete or inaccurate disclosure has serious legal consequences.
Discovery
In contested cases, each party’s attorney can conduct formal discovery — including written interrogatories, requests for production of documents, subpoenas, and depositions. Discovery is how business valuations, hidden assets, and income discrepancies get surfaced. In high-asset cases, discovery is often where the case is won or lost.
Mediation and Settlement
Colorado requires parties to attempt mediation before scheduling a contested hearing in most family law cases. Mediation is a structured negotiation facilitated by a neutral third party. It is not binding — either party can walk away — but the majority of divorce cases settle through mediation rather than going to trial. Jennifer Lewis is a trained mediator and also represents clients at mediation as their advocate.
→ Learn more about mediation services
Trial and Permanent Orders
If mediation does not produce a full settlement, the unresolved issues go to a permanent orders hearing (trial). A judge — not a jury — reviews evidence, hears testimony, and issues a binding decree covering all unresolved matters. The decree is enforceable as a court order. Appeals are possible but limited in scope.
Property Division in Colorado
Colorado is an equitable distribution state. Marital property — generally all assets and debts acquired by either spouse during the marriage — is divided fairly between the parties. Separate property is not subject to division, but the line between marital and separate property is frequently disputed.
The court considers factors including each spouse’s contribution to acquiring the property, the economic circumstances of each spouse at the time of division, the value of each spouse’s separate property, and any changes in value of separate property during the marriage.
Common property division issues in Colorado divorce:
- The family home — Options include one spouse buying out the other’s equity, selling the home and splitting proceeds, or deferred sale tied to a specific event (such as the youngest child finishing school).
- Retirement accounts — IRAs, 401(k)s, and pensions may be marital property subject to division. Division of employer-sponsored plans requires a Qualified Domestic Relations Order (QDRO), a separate court order issued to the plan administrator.
- Business interests — Valuation of a closely held business is often the most contested financial issue in a divorce. Methods include income-based, market-based, and asset-based approaches. The parties frequently retain competing experts.
- Debt allocation — Credit card debt, mortgages, car loans, and business debt acquired during the marriage are marital debt subject to allocation, regardless of whose name is on the account.
Spousal Maintenance (Alimony) in Colorado
Colorado uses a guideline formula to determine temporary and permanent spousal maintenance in cases where the combined adjusted gross income of both parties is $240,000 or less. Above that threshold, the court has broader discretion. The guideline formula considers the length of the marriage, each spouse’s income, and the standard of living established during the marriage.
Maintenance is not automatic — a spouse must qualify based on demonstrated financial need and the other spouse’s ability to pay. The court also considers factors such as the recipient spouse’s employment history, education, earning capacity, and the time needed to become self-sufficient.
Maintenance orders can be modified when there has been a substantial and continuing change in circumstances, such as a significant income change or the recipient spouse’s remarriage.
Parental Responsibilities in a Colorado Divorce
When minor children are involved, the divorce decree must address two components of parental responsibilities: decision-making (who makes major decisions about the child’s education, healthcare, and religion) and parenting time (how time with each parent is scheduled).
Colorado courts determine parental responsibilities based on the best interests of the child — not as a reward or penalty to either parent. The court considers factors including each parent’s relationship with the child, the child’s adjustment to home and school, geographic proximity of the parents’ homes, each parent’s willingness to support the child’s relationship with the other parent, and, when age-appropriate, the child’s own preferences.
Jennifer Lewis represents both mothers and fathers in parental responsibility disputes — including relocation cases, cases involving allegations of domestic violence, and high-conflict modifications. If parenting time with your child is at stake, legal representation quality directly affects the result.
→ Learn more about child custody and parental responsibilities
→ Learn more about child support in Colorado
→ Learn more about parenting plans
Serving Denver, Eagle County & Summit County
Lewis & Matthews, P.C. operates offices in Denver and Summit County, with representation extending throughout Eagle County. We appear regularly in Denver County District Court, Summit County District Court, and Eagle County District Court.
DENVER METRO 1325 S Colorado Blvd, Suite 503, Denver, CO 80222 (303) 329-3802 Serving clients throughout Denver, Arapahoe, Jefferson, Douglas, and Adams counties.
SUMMIT COUNTY 114 Village Place, Suite 206, Dillon, CO 80435 (970) 468-0240 Serving Breckenridge, Frisco, Dillon, Silverthorne, Keystone, and surrounding communities.
EAGLE COUNTY (970) 468-0240 Serving Vail, Avon, Edwards, Eagle, and surrounding mountain communities.
Clients whose assets, property, or parenting situations span multiple Colorado counties — a common situation for mountain-area residents — benefit from working with one legal team that practices in all three jurisdictions.
Contact the Office Nearest You
Frequently Asked Questions
How long does a divorce take in Colorado?
Colorado imposes a mandatory 91-day waiting period from the date the divorce petition is served before the court can enter a decree. Most uncontested divorces — where the parties agree on all issues — are completed within three to six months. Contested divorces involving disputed property, spousal maintenance, or parental responsibilities commonly take one to two years, depending on the complexity of the issues and the court’s docket.
Does it matter who files for divorce first in Colorado?
In most Colorado divorce cases, filing order has limited practical effect. Colorado is a no-fault state, so there is no advantage to being the “petitioner” versus the “respondent” in terms of how the court treats the substantive issues. There can be logistical considerations — the petitioner controls the initial filing and, in some cases, the venue — but those are case-specific factors to discuss with your attorney.
How is marital property divided in a Colorado divorce?
Colorado divides marital property equitably — meaning fairly, not necessarily equally. The court considers factors including each spouse’s contribution to acquiring the property, each spouse’s financial circumstances at the time of divorce, and the value of each spouse’s separate property. Separate property (owned before marriage, or received as a gift or inheritance) is generally excluded, though increases in value during the marriage may be subject to division.
What happens to the family home in a Colorado divorce?
The family home is typically the largest marital asset. Options include one spouse buying out the other’s share of the equity, selling the home and splitting the proceeds, or a deferred-sale arrangement tied to a specific triggering event such as the youngest child reaching adulthood. The right structure depends on each spouse’s financial position, the amount of equity, and any ongoing mortgage obligations.
How is spousal maintenance (alimony) determined in Colorado?
Colorado uses a guideline formula for cases where combined adjusted gross income is $240,000 or less. The formula considers the length of the marriage and the income differential between the spouses. For higher-income cases, the court has broader discretion and weighs factors including each spouse’s earning capacity, the standard of living during the marriage, and the time needed for the recipient to become self-sufficient. Maintenance is not automatic — the requesting spouse must demonstrate financial need.
Can my spouse prevent the divorce from being finalized in Colorado?
No. Because Colorado is a no-fault state, a spouse cannot legally block a divorce by refusing to participate. If the respondent fails to respond to the petition, the court can proceed with a default hearing and enter a decree. The absent spouse simply loses the opportunity to participate in the process — the divorce proceeds regardless.
What is a QDRO and do I need one in my divorce?
A Qualified Domestic Relations Order (QDRO) is a separate court order required to divide employer-sponsored retirement plans — such as 401(k)s, 403(b)s, and pensions — without triggering early withdrawal penalties or immediate tax liability. If your divorce involves dividing a retirement account held through an employer plan, a QDRO is required in addition to the divorce decree. IRAs are divided through a different mechanism (a transfer incident to divorce) and do not require a QDRO.
Do I need a divorce attorney if we agree on everything?
Colorado allows uncontested divorces without attorneys, but having an attorney review the agreement before it becomes a binding court order is strongly advisable. Common issues in self-prepared agreements include ambiguous parenting plan terms that generate future conflict, maintenance provisions that are not enforceable, and property division language that fails to account for tax consequences or retirement account division requirements. The cost of fixing a poorly drafted agreement after the fact typically exceeds the cost of getting it right initially.
Meet the Team
Meet the people behind the successful Lewis & Matthews firm:
Jennifer Lewis – Since 1988, managing partner Jennifer Lewis has been practicing law in both federal and state courts in Colorado, Kansas, and Missouri. She acquired the law firm from Ken and Leslie Matthews in 2015 when they decided to shift to ‘of counsel’ status.
Ms. Lewis has a wealth of experience in the areas of family law, criminal law, estate planning and probate proceedings, personal injury and medical malpractice claims, zoning and land use planning, and general civil litigation.
She believes in a practical, patient, and compassionate approach, supporting her clients while they navigate the often-sensitive matters of divorce, custody, and other family law concerns.
Amanda Huber – As a legal assistant, Amanda helps with the daily tasks of sending legal correspondence and documents, preparing court filings, and scheduling, among other tasks. Amanda joined the firm in 2022 and has helped clients in all phases of their divorce.
Prior to joining Lewis & Matthews, Amanda worked at an upscale country club in San Diego, where she was born and raised. Outside of work you can find Amanda wine tasting, gardening, and spending time with her beloved cat, Waffles.
Counties We Serve
We are your trusted partners when it comes to Colorado divorce law – whether that involves divorce proceedings, child custody battles, child support disputes, or others. If you need legal advice in any of the following counties, we can help:
Greater Denver Metro Area
Address: 1325 S Colorado Blvd, Suite 503, Denver, CO 80222
(303) 329-3802
Summit County and Eagle County
Address: 114 Village Place, Suite 206, Dillon, CO 80435
Phone Number: (970) 468-0240
