Colorado divorce law explains how married couples can legally end their marriage, divide property, handle child custody, and determine financial support. Colorado is a no-fault divorce state, meaning spouses do not need to prove wrongdoing to file for divorce.
Whether you are considering filing for divorce, responding to a petition, or simply researching Colorado divorce requirements, understanding the process can help you prepare for the legal steps ahead.
This guide explains Colorado divorce law in simple, everyday language, so you can better understand the process and what to expect.
Colorado Divorce Laws: Quick Overview
| Feature | Details |
| Divorce Law Type | No-fault divorce |
| Ground for Divorce | Irretrievable breakdown of the marriage |
| Minimum Residency | One spouse must live in Colorado for at least 91 days before filing |
| Waiting Period | Minimum 91 days after the other spouse is served or joins the case |
| Property Division | Equitable distribution (not necessarily 50/50) |
| Child Custody Standard | Based on the child’s best interests |
| Child Support | Calculated using Colorado child support guidelines |
| Spousal Maintenance | May be awarded depending on income, marriage length, and other factors |
| Can You File Without a Lawyer? | Yes, if both spouses agree and meet court requirements |
| Court Handling Divorce | Colorado District Court |
What Is Divorce Law in Colorado?
Colorado follows a no-fault divorce system. This means that neither spouse needs to prove that the other person did something wrong in order to get divorced.
Instead, the spouse filing for divorce only needs to say that the marriage is “irretrievably broken.”
In simple terms, this means the relationship cannot be repaired and the couple can no longer continue their marriage.
Because Colorado uses a no-fault system:
- Courts usually do not focus on blaming either spouse
- The legal process can be less stressful
- Couples can focus on practical solutions rather than arguments
Colorado Divorce Residency Requirements
Before filing for divorce in Colorado, certain residency rules must be met.
At least one spouse must have lived in Colorado for at least 91 days before filing for divorce.
The divorce case is usually filed in the district court of the county where either spouse lives.
This requirement ensures that Colorado courts have the authority to handle the divorce case.
Waiting Period for Divorce
Colorado law includes a mandatory waiting period of 91 days before a divorce can be finalized.
This waiting period begins once the divorce petition is filed and served on the other spouse.
Even if both spouses agree on everything, the court must wait at least 91 days before issuing a final divorce decree.
The waiting period allows couples time to reconsider their decision or work toward settlement agreements.
How to Get a Divorce in Colorado: Step-by-Step Process
Getting a divorce in Colorado involves several legal steps. While the exact process may vary depending on whether the divorce is contested or uncontested, most cases follow the same basic procedure.
Step 1: Meet the Residency Requirements
Before filing, at least one spouse must have lived in Colorado for 91 days. If the case involves child custody, the child generally must have lived in the state for 182 days for the court to decide custody matters.
Step 2: File the Divorce Petition
The divorce process begins by filing a Petition for Dissolution of Marriage with the appropriate Colorado District Court. Couples may file jointly or one spouse may file individually.
Step 3: Serve Your Spouse
If only one spouse files the petition, the other spouse must be formally served with the divorce papers. In a joint filing, formal service is generally not required because both spouses sign the petition.
Step 4: Complete Financial Disclosures
Both spouses must exchange financial information, including income, assets, debts, expenses, and other required documents. Accurate financial disclosures help ensure fair decisions on property division, child support, and spousal maintenance.
Step 5: Resolve Property, Custody, and Support Issues
The spouses must reach an agreement—or ask the court to decide—on matters such as property division, parental responsibilities, parenting time, child support, and spousal maintenance. If both parties agree on all issues, the divorce process is usually faster.
Step 6: Attend a Court Hearing (If Required)
Many uncontested divorces can be finalized with minimal court appearances. However, if the spouses disagree on important issues, the court may schedule one or more hearings before making a decision.
Step 7: Receive the Final Decree of Divorce
After the required 91-day waiting period has passed and all legal requirements are met, the court may issue a Decree of Dissolution of Marriage, officially ending the marriage. Once the decree is signed, the divorce becomes final.
Colorado Divorce Requirements
To file for divorce in Colorado, you must meet certain legal requirements set by state law. Understanding these requirements can help you avoid delays and ensure your case moves forward smoothly.
- Meet the 91-Day Residency Requirement
Before filing for divorce, at least one spouse must have lived in Colorado for at least 91 days immediately before filing the petition. If your case involves child custody, the child generally must have lived in Colorado for at least 182 days for the court to decide custody matters.
- Have a Legally Valid Marriage
Colorado courts only grant divorces for legally recognized marriages. Whether you were married in Colorado or another state or country, your marriage must be legally valid under applicable law before you can file for divorce.
- File a Petition for Dissolution of Marriage
The divorce process officially begins when one or both spouses file a Petition for Dissolution of Marriage with the appropriate Colorado District Court. After filing, the other spouse must be served with the petition unless both spouses file jointly.
- Complete the Mandatory Waiting Period
Colorado has a 91-day waiting period before a divorce can become final. The waiting period starts after the non-filing spouse is served with the petition or, in a joint filing, when both spouses submit the paperwork. Even if both spouses agree on all issues, the court cannot finalize the divorce before this period ends.
- Exchange Financial Disclosures
Both spouses must provide financial disclosures early in the divorce process. These typically include information about income, expenses, assets, debts, and other financial records. Full and accurate disclosure helps the court make fair decisions regarding property division, child support, and spousal maintenance.
Common Law Marriage Divorce in Colorado
Colorado recognizes common law marriages, which means a couple can be legally married without obtaining a marriage license or having a formal wedding ceremony if they meet the state’s legal requirements.
If a valid common law marriage exists, ending the relationship requires the same legal divorce process as any other marriage. A couple cannot simply separate to end a common law marriage.
Key Points
- Colorado legally recognizes valid common law marriages.
- The same divorce laws apply to common law and ceremonial marriages.
- Couples must file a Petition for Dissolution of Marriage to legally end the marriage.
- The court follows the same rules for property division, child custody, child support, and spousal maintenance.
- The spouse claiming a common law marriage may need to show that a valid marriage existed if it is disputed.
Note: If the court determines that a valid common law marriage existed, the couple must obtain a legal divorce before either person can remarry.
Types of Divorce Cases in Colorado
Divorce cases in Colorado usually fall into two categories.
Uncontested Divorce
An uncontested divorce happens when both spouses agree on all major issues.
These issues may include:
- Division of property
- Child custody
- Child support
- Spousal support
Because there are no disputes, uncontested divorces are usually:
- Faster
- Less expensive
- Less stressful
Many uncontested divorces can be finalized shortly after the waiting period ends.
Contested Divorce
A contested divorce occurs when spouses disagree about one or more issues.
Common disputes include:
- Division of assets and debts
- Child custody arrangements
- Parenting schedules
- Financial support
When disagreements occur, the court may require mediation or schedule hearings before making final decisions.
Contested divorces usually take longer and involve more legal expenses.
Property Division in Colorado
One of the most important parts of divorce is dividing property and debts.
Colorado follows the principle of equitable distribution.
This means marital property is divided fairly, but not always equally.
Marital Property
Marital property generally includes assets acquired during the marriage.
Examples include:
- Homes purchased during the marriage
- Cars and vehicles
- Bank accounts
- Retirement accounts
- Investments
- Businesses
- Debts accumulated during the marriage
These assets are usually divided between the spouses during divorce.
Separate Property
Separate property usually belongs to one spouse and is not divided.
Examples include:
- Property owned before the marriage
- Gifts given specifically to one spouse
- Inheritances received by one spouse
However, if separate property becomes mixed with marital assets, it may become partly subject to division.
Who Gets the House in a Colorado Divorce?
The family home is often one of the most valuable assets in a divorce. In Colorado, there is no automatic rule that one spouse gets the house. Instead, the court divides property based on what is fair under the state’s equitable distribution laws.
Marital Home
If the home was purchased during the marriage using marital funds, it is generally considered marital property, regardless of whose name is on the title. The court may award the home to one spouse or order that it be sold and the proceeds divided.
Separate Property
A home may be considered separate property if one spouse owned it before the marriage or received it as a gift or inheritance. However, if marital funds were used to pay the mortgage or improve the property, part of its value may become subject to division.
Mortgage Responsibility
If one spouse keeps the house, that spouse usually becomes responsible for the future mortgage payments. In many cases, the spouse keeping the home may need to refinance the mortgage to remove the other spouse’s name from the loan.
Equity Division
The court considers the home’s equity—its current market value minus any outstanding mortgage. If one spouse receives the house, the other spouse may receive a larger share of other marital assets or a financial payment to balance the property division.
Factors the Court Considers
When deciding who keeps the house, the court may consider several factors, including:
- Whether the home is marital or separate property.
- Each spouse’s financial circumstances.
- The contribution of each spouse to acquiring or maintaining the property.
- Whether children will primarily live in the home.
- The overall equitable division of marital assets and debts.
Note: Every divorce is different. The court aims to divide property fairly, which does not always mean an equal 50/50 split.
Spousal Maintenance (Alimony)
In Colorado, spousal support is known as spousal maintenance.
This type of financial support may be awarded when one spouse needs help maintaining financial stability after divorce.
However, not every divorce includes spousal maintenance.
Factors Courts Consider
When deciding whether to award spousal maintenance, Colorado courts may consider:
- Length of the marriage
- Income and earning ability of each spouse
- Age and health of both spouses
- Standard of living during the marriage
- Financial resources of each spouse
- Contributions to the household
The goal is to ensure fairness and help both spouses transition to independent financial lives.
Spousal maintenance may be temporary or long-term depending on the situation.
Child Custody in Colorado
When children are involved, the court focuses on the best interests of the child.
Colorado uses the terms parental responsibilities and parenting time instead of traditional custody terminology.
Parental Responsibilities
Parental responsibilities refer to the authority to make important decisions about a child’s life, such as:
- Education
- Healthcare
- Religious upbringing
These responsibilities may be shared by both parents or assigned primarily to one parent.
Parenting Time
Parenting time determines when the child spends time with each parent.
Common arrangements may include:
- Alternating weekends
- Shared holidays
- Vacation schedules
Colorado courts encourage arrangements that allow children to maintain strong relationships with both parents whenever possible.
Child Support in Colorado
Child support ensures that both parents contribute financially to raising their children.
Colorado uses state guidelines to calculate child support payments.
The calculation considers several factors, including:
- Each parent’s income
- Number of children
- Parenting time schedule
- Healthcare expenses
- Childcare costs
Child support usually continues until the child turns 19, which is slightly longer than in some other states.
How Long Does Divorce Take in Colorado?
The timeline for divorce depends on how complicated the case is.
Typical timelines include:
- Uncontested divorce: about 3–4 months
- Moderately contested divorce: 6–9 months
- Highly contested divorce: 1 year or longer
Cases involving custody disputes or significant financial assets may take additional time.
How Much Does Divorce Cost in Colorado?
The cost of a divorce in Colorado depends on whether the divorce is uncontested or contested, whether you hire an attorney, and whether mediation or court hearings are required. An uncontested divorce is generally much less expensive than a contested case.
Average Divorce Costs in Colorado
| Expense | Estimated Cost |
| Court Filing Fee | Around $230 |
| Attorney Fees | $200–$500+ per hour |
| Mediation Costs | $100–$300 per hour (may be shared by both spouses) |
| Uncontested Divorce | Approximately $500–$3,000 |
| Contested Divorce | Approximately $5,000–$20,000+ |
Factors That Affect Divorce Costs
- Court Filing Fee: Every divorce case requires payment of a filing fee unless the court grants a fee waiver.
- Attorney Fees: Legal fees vary depending on the attorney’s experience and the complexity of the case.
- Mediation: If spouses cannot agree on issues such as property division or parenting time, mediation may be required before trial.
- Uncontested vs. Contested Divorce: An uncontested divorce, where both spouses agree on all major issues, is usually faster and less expensive. A contested divorce involving disputes over property, child custody, or support can significantly increase legal costs.
Note: These figures are estimates and may vary depending on the county, the complexity of the case, and the professionals involved. Additional costs may apply for expert witnesses, document preparation, parenting evaluations, or appeals.
Can You Get Divorced Without a Lawyer?
Yes. Colorado law allows individuals to represent themselves in divorce cases.
However, legal guidance may be helpful if:
- The couple owns significant property
- There are disputes involving children
- Retirement accounts must be divided
- One spouse hides financial information
Even a brief consultation with a family law attorney can help ensure the process goes smoothly.
FAQs About Colorado Divorce Law
Is Colorado a no-fault divorce state?
Yes. Colorado is a no-fault divorce state, which means you do not have to prove wrongdoing such as adultery or cruelty. The only legal ground for divorce is that the marriage is irretrievably broken.
How long does divorce take in Colorado?
A divorce in Colorado cannot be finalized until at least 91 days after the other spouse is served with the divorce petition or both spouses file jointly. Contested divorces involving disputes over property or child custody may take several months or longer.
How do I get a divorce in Colorado?
To get a divorce in Colorado, you must meet the residency requirement, file a Petition for Dissolution of Marriage, serve your spouse (if required), exchange financial disclosures, resolve issues such as property division and child custody, and obtain a final divorce decree from the court.
How much does divorce cost in Colorado?
The court filing fee is generally around $230. The total cost depends on whether the divorce is contested or uncontested, attorney fees, mediation, and other legal expenses. Uncontested divorces are usually much less expensive than contested cases.
Can you get divorced without a lawyer in Colorado?
Yes. Colorado allows spouses to file for divorce without hiring a lawyer, especially in uncontested cases where both parties agree on property, custody, and support. However, legal advice may be helpful for complex or contested divorces.
Who gets the house in a Colorado divorce?
There is no automatic rule that one spouse keeps the house. The court divides property under Colorado’s equitable distribution laws, considering factors such as whether the home is marital or separate property, each spouse’s financial situation, and the overall division of assets.
What are the requirements for divorce in Colorado?
To file for divorce, at least one spouse must meet the 91-day residency requirement. The spouses must have a legally valid marriage, file the required court documents, exchange financial disclosures, complete the mandatory waiting period, and obtain a final court order.
Does Colorado recognize common law marriage divorce?
Yes. Colorado recognizes valid common law marriages. If a common law marriage exists, the couple must follow the same legal divorce process as couples who had a formal marriage ceremony. A legal divorce is required to end the marriage.
Final Thoughts
Colorado divorce law provides a structured and fair system for couples who want to legally end their marriage. Because Colorado follows a no-fault divorce system, couples do not need to prove wrongdoing to obtain a divorce.
Instead, the courts focus on resolving important issues like property division, parenting arrangements, and financial support. Understanding how these laws work can make the divorce process less intimidating and help individuals make informed decisions about their future.
While divorce can be a challenging transition, having a clear understanding of Colorado divorce law can help you move forward with confidence and begin the next chapter of your life.