Divorce in Colorado

Overview of Divorce in Colorado

Colorado is a purely no-fault divorce state. Under C.R.S. Section 14-10-106, the sole ground for dissolution of marriage is that the marriage is “irretrievably broken.” Neither spouse needs to prove fault, and the court will not consider allegations of misconduct when deciding whether to grant the divorce. Colorado uses the term “dissolution of marriage” rather than divorce in its statutes, and it uses “allocation of parental responsibilities” in place of the traditional custody terminology.

This approach reflects Colorado’s commitment to reducing conflict in the divorce process and focusing on practical outcomes. For a broader understanding of how divorce works across the country, see our complete guide to divorce.

Residency Requirements

To file for divorce in Colorado, at least one spouse must have been domiciled in the state for a minimum of 91 days before filing the petition. The petition is filed in the district court of the county where either spouse resides. If both spouses are Colorado residents, either county of residence is appropriate. Military personnel stationed in Colorado may also meet the residency requirement.

Grounds for Divorce

Colorado recognizes only the no-fault ground of irretrievable breakdown. Under C.R.S. Section 14-10-110, if one spouse states under oath that the marriage is irretrievably broken, the court will accept this. If the other spouse denies it, the court may continue the case for 30 to 60 days and may suggest counseling. However, if the petitioning spouse maintains that the marriage is broken, the court will ultimately grant the dissolution.

Filing Fees and Costs

The filing fee for a divorce in Colorado is approximately $230. Additional costs may include fees for service of process, parenting class requirements (mandatory in cases involving children), and certified copies of court orders. Attorney fees depend on the complexity of the case and whether the divorce is contested. To get a sense of what your divorce might cost, use our divorce cost calculator.

Waiting Period

Colorado imposes a mandatory 91-day waiting period from the date the petition is filed and the respondent is served (or enters an appearance) before the court can enter a final decree. This waiting period applies to all divorces, whether contested or uncontested. The court cannot waive this requirement. In practice, uncontested cases are often finalized shortly after the 91 days have passed, while contested cases may take considerably longer.

Property Division

Colorado follows the equitable distribution model for dividing marital property. Under C.R.S. Section 14-10-113, the court divides marital property in a manner that is fair and reasonable, considering factors such as:

• The contribution of each spouse to the acquisition of marital property, including homemaker contributions
• The value of property set apart to each spouse as separate property
• The economic circumstances of each spouse at the time of division
• Any increases or decreases in the value of separate property during the marriage
• The depletion of separate property for marital purposes

Separate property includes assets acquired before the marriage, gifts, and inheritances, provided they have not been commingled with marital property. Colorado courts have broad discretion in determining what constitutes a fair division, and a 50/50 split is not guaranteed.

Alimony (Spousal Maintenance)

Colorado provides statutory guidelines for spousal maintenance under C.R.S. Section 14-10-114. For marriages lasting at least 3 years where the combined adjusted gross income of both parties is $240,000 or less, the court uses a formula to calculate a recommended amount and duration. The formula considers:

• The gross income of both spouses
• The duration of the marriage
• The financial resources of each party
• The lifestyle established during the marriage

For higher-income cases or marriages with unique circumstances, the court has discretion to deviate from the guidelines. Maintenance may be temporary (during the divorce process), rehabilitative (to allow a spouse to become self-supporting), or long-term. The court may also consider the age and health of both parties and the distribution of marital property.

Allocation of Parental Responsibilities

Colorado does not use the terms “custody” and “visitation.” Instead, under C.R.S. Section 14-10-124, the court allocates parental responsibilities, which include decision-making authority and parenting time. The court’s primary consideration is the best interests of the child, taking into account factors such as the wishes of the parents and child, the child’s adjustment to home and community, and the mental and physical health of all parties involved. Both parents are required to complete a parenting class in cases involving minor children.

The Divorce Process

The typical Colorado divorce process includes the following steps:

1. Filing the petition. One spouse files a Petition for Dissolution of Marriage with the district court and pays the filing fee.
2. Serving the other spouse. The respondent must be served with the petition. If both parties agree, the respondent may file a voluntary appearance.
3. Mandatory disclosures. Both parties must exchange sworn financial statements within 42 days of the case being filed.
4. Waiting period. The 91-day mandatory waiting period begins.
5. Negotiation or mediation. The parties attempt to resolve issues related to property, support, and parenting. Colorado courts frequently encourage or require mediation.
6. Final orders. If an agreement is reached, the court reviews and approves it. If not, the case goes to a contested hearing where a judge decides the unresolved issues.
7. Decree of dissolution. The court enters the final decree, which is effective immediately.

Uncontested divorces in Colorado can be finalized in as few as 91 days. Contested cases typically take six months to a year or more.

When to Consult an Attorney

Colorado’s divorce laws contain nuances, particularly around the allocation of parental responsibilities and the spousal maintenance formula, that benefit from professional guidance. If your case involves significant assets, complex financial arrangements, business interests, or disagreements about parenting, working with a family law attorney is strongly recommended.

Even in straightforward cases, having your agreement reviewed by a professional helps ensure nothing is overlooked. To discuss your options with a qualified attorney, schedule a free consultation.