Colorado divorce law is grounded in a no-fault legal system, which simplifies the process by removing the need to prove blame. However, while this approach streamlines the grounds for divorce, the overall process still requires navigating complex legal procedures, particularly regarding property division, child custody, spousal support, and financial disclosures. Whether you're considering divorce, already in the process, or supporting someone else through it, understanding Colorado's legal structure is essential.
Legal Requirements for Filing for Divorce in Colorado
To initiate a divorce, legally termed “dissolution of marriage” in Colorado, several eligibility and procedural requirements must be met:
Residency Requirement
At least one spouse must have lived in Colorado for 91 days before filing. This residency requirement ensures that Colorado courts have jurisdiction over the case.
Note: If there are children involved, Colorado must also be the child’s home state for at least 182 days before custody issues can be decided.
County of Filing
You must file the divorce petition in the District Court located in the county where either spouse resides. Some counties offer self-help centers or court facilitators to assist with filing.
Waiting Period
Even in uncontested divorces, Colorado enforces a statutory waiting period of 91 days after the filing or service of the petition before a Decree of Dissolution can be issued.
No-Fault Divorce in Colorado
Under Colo. Rev. Stat. § 14-10-106, Colorado is a pure no-fault divorce state. This means:
- No evidence of wrongdoing is required.
- The court only needs to determine that the marriage is "irretrievably broken."
Common causes like infidelity, substance use, or emotional abuse may influence custody or financial orders, but they do not determine whether the divorce is granted.
Property Division: Equitable Distribution Model
Unlike community property states, Colorado applies the principle of equitable distribution when dividing marital assets and debts.
Marital Property | Separate Property |
Acquired during the marriage, regardless of whose name is on the title | Acquired before the marriage or after separation |
Includes income, retirement contributions, real estate, debts | Includes inheritances, gifts, or assets kept entirely separate |
Subject to equitable division | Generally excluded unless commingled |
If separate property increases in value during the marriage or is mixed with marital assets, it may be partially subject to division.
Factors Courts Consider
When dividing property, courts evaluate:
- Economic circumstances of each spouse at the time of division
- Contributions to the acquisition of property (financial or non-financial)
- Value of each party’s separate property
- Whether one party will have custody of the children and need the marital home
Spousal Maintenance (Alimony)
Spousal support referred to in Colorado as “maintenance” can be awarded during and after divorce proceedings.
Temporary Maintenance
A temporary order may be granted to provide financial support during the divorce process, especially if one spouse is unable to meet their needs due to separation.
Post-Decree Maintenance
Longer-term or permanent maintenance may be awarded based on:
- Length of the marriage
- Income and financial resources of each spouse
- Standard of living during the marriage
- Health, age, education, and employability
- Whether a spouse has primary custody of children
Guidelines and Judicial Discretion
Colorado provides advisory maintenance guidelines for marriages lasting 3 to 20 years. These are not binding but provide a baseline formula:
40% of the higher income minus 50% of the lower income = suggested amount (subject to cap)
However, judges have full discretion to adjust amounts and durations based on case-specific facts.
Child Custody and Parenting Time
Child custody in Colorado is governed by Colo. Rev. Stat. § 14-10-124 and focuses on the best interests of the child. The court separates custody into two parts:
1. Decision-Making Responsibility
Refers to who makes major decisions about:
- Education
- Health care
- Religion
- Extracurricular activities
Joint decision-making is preferred unless one parent poses a risk to the child.
2. Parenting Time (Physical Custody)
Describes the schedule of when the child resides with each parent. Colorado favors shared parenting time when it supports the child’s well-being.
Required Documents
Parents must file a Parenting Plan outlining:
- Custody schedule
- Holiday and vacation arrangements
- Communication methods
- Relocation terms
If parents cannot agree, the court may appoint:
- A Child and Family Investigator (CFI)
- Or order a Parental Responsibility Evaluation (PRE)
Child Support in Colorado
Colorado uses the Income Shares Model for child support, aiming to replicate the financial support the child would have received if the household remained intact.
Key Inputs for Calculation
- Each parent's gross monthly income
- Number of overnights each parent has with the child
- Health insurance premiums for the child
- Childcare expenses
- Extraordinary medical or educational costs
Duration of Support
Child support continues until the child:
- Turns 19, or
- 21, if still in high school full-time
Payments are typically made via the Family Support Registry (FSR) unless otherwise ordered.
Required Forms
- JDF 1821: Child Support Worksheet A (primary residential custody)
- JDF 1822: Child Support Worksheet B (shared physical custody)
These must be filed with the court and are available on the Colorado Judicial Branch website.
Divorce Process Timeline in Colorado
Below is an overview of the typical steps in a Colorado divorce:
Step | Description |
1. Filing | File Petition for Dissolution, Case Information Sheet, and Summons (if not joint) |
2. Service of Process | Serve the non-filing spouse; required if filing individually |
3. Response | Responding spouse has 21 days (35 if out-of-state) to file a response |
4. Financial Disclosures | Both parties must submit full disclosures of income, assets, and debts |
5. Initial Status Conference | Scheduled within 42 days to outline case issues |
6. Temporary Orders Hearing (Optional) | Requested if immediate issues arise (e.g., custody, finances) |
7. Discovery and Negotiation | Exchange of information and attempt to reach a settlement |
8. Mediation | Required in most contested cases to resolve disputes outside of court |
9. Settlement or Trial | If no agreement is reached, the case goes to trial |
10. Final Decree of Dissolution | Issued by the judge after a settlement or court decision |
Mediation and Alternative Dispute Resolution
Mediation is required in many counties before a contested divorce proceeds to trial. It’s a structured negotiation facilitated by a neutral third party.
Benefits of Mediation
- Saves time and money
- Keeps sensitive matters private
- Allows parties more control over outcomes
- Reduces emotional strain and hostility
Some counties offer sliding scale or free court-approved mediators through the Office of Dispute Resolution (ODR).
Post-Decree Modifications
After the divorce is finalized, either party may request a modification of:
- Child custody or parenting time
- Child support
- Spousal maintenance
Legal Standard for Modification
To modify an existing order, you must show a substantial and continuing change in circumstances that makes the current order unworkable or unfair.
Examples include:
- Change in income or employment
- Relocation
- A child’s needs or schedule
- Parental non-compliance
Common Modification Forms
- JDF 1406: Motion to Modify Parenting Time
- JDF 1404: Motion to Modify Child Support
- JDF 1407: Motion to Modify Decision-Making Responsibility
These can be filed with the same District Court that issued the original decree.
Frequently Asked Questions (FAQ)
How long does a divorce take in Colorado?
Even the simplest divorce takes a minimum of 91 days due to the statutory waiting period. However, contested cases often take 6 to 12 months or longer, especially when custody, business assets, or spousal support are involved.
Is Colorado a community property state?
No. Colorado follows the equitable distribution model, which means assets are divided based on fairness, not a strict 50/50 split.
Does cheating affect the outcome of a Colorado divorce?
Not directly. Colorado is a no-fault state, so adultery does not impact whether a divorce is granted. However, it could influence custody or property division if it involved the misuse of marital funds or emotional harm to the children.
Can we get a divorce without going to court in Colorado?
Yes, if you and your spouse agree on all terms (property, custody, support), you can file an uncontested divorce. A judge will still need to approve and sign the Decree of Dissolution, but no court appearance may be required.
Where can I get help with divorce paperwork?
You can find official forms on the Colorado Judicial Branch Self-Help Portal. Many counties also offer court facilitatorsor legal aid services to assist with filings.
Navigating a divorce in Colorado involves more than simply filing paperwork it requires understanding legal standards, protecting your rights, and prioritizing your family’s future. Whether your case is amicable or contested, having the right information and ideally, legal representation can help you reach a fair and efficient resolution.
For further help, contact a licensed Colorado family law attorney or visit your District Court’s self-help center.