Divorce Laws in Colorado: Complete 2026 Guide

Colorado is an exclusively no-fault divorce state. Under C.R.S. §14-10-106(1)(a)(II), the sole ground for dissolution of marriage is that the marriage is 'irretrievably broken.' This means that one or both spouses believe the marital relationship is beyond repair and cannot be saved. Colorado courts do not consider fault — such as adultery, cruelty, or abandonment — when granting a divorce or when dividing property. In practice, if one spouse declares that the marriage is irretrievably broken, the court will accept this as sufficient grounds to proceed with the divorce, even if the other spouse disagrees. Under C.R.S. §14-10-110(1), when one party asserts the marriage is broken, it is effectively treated as broken for purposes of granting the decree. The court will not force couples to remain married if one party wishes to dissolve the union. There is no requirement to prove separation or fault-based grounds at any stage. While issues such as domestic violence or substance abuse are not considered as grounds for divorce per se, they may become relevant factors in other aspects of the case — particularly when the court determines the allocation of parental responsibilities (custody) and parenting time under C.R.S. §14-10-124. However, these factors do not affect whether the divorce itself is granted. Colorado also offers legal separation as an alternative to dissolution for couples who may not wish to fully end their marriage for religious, insurance, or personal reasons. Legal separation in Colorado follows the same procedural requirements as divorce, including the 91-day residency and waiting period requirements. If either party later wishes to convert a legal separation into a dissolution, they may petition the court to do so.

Under Colorado Revised Statutes §14-10-106(1)(a)(I), at least one spouse must have been a resident of the state of Colorado for a minimum of 91 days immediately prior to filing the Petition for Dissolution of Marriage. This requirement applies regardless of where the couple was originally married. The 91-day residency requirement establishes the court's subject matter jurisdiction — without it, the court cannot proceed with the divorce. Residency in Colorado means physical presence in the state with the intent to make Colorado your permanent home. Temporary absences for business travel, vacation, or military deployment generally do not interrupt the 91-day period as long as you maintain Colorado as your primary residence. Courts may require proof of residency through documentation such as a Colorado driver's license, voter registration, lease agreements, utility bills, or employment records. When minor children are involved, additional jurisdictional requirements apply. Under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), codified in Colorado at C.R.S. §14-13-201, the children must have lived in Colorado for at least 182 consecutive days (approximately six months) before the court can exercise jurisdiction over custody and parenting time matters. If the children have not resided in Colorado for this period, custody issues may need to be addressed in the state where the children last met the home-state requirement. Divorce cases must be filed in the district court of the county where either spouse resides. There is no separate county-level residency duration requirement in Colorado — only the statewide 91-day rule. If your spouse lives in a different county, you may also have the option of filing in that county's district court.

Colorado follows the equitable distribution model for dividing marital property in divorce. Under C.R.S. §14-10-113, the court is required to divide marital property equitably, which means fairly — but not necessarily equally. While courts frequently arrive at a near 50/50 split, judges have broad discretion to order a different allocation based on the specific facts and circumstances of each case. Importantly, marital fault (e.g., adultery) cannot be considered in property division decisions. Colorado distinguishes between marital property and separate property. Under C.R.S. §14-10-113(2), marital property includes all property acquired by either spouse during the marriage, regardless of how it is titled. Separate property includes: (a) property acquired by gift, bequest, devise, or descent; (b) property acquired in exchange for pre-marital property or property received by gift or inheritance; (c) property acquired after a decree of legal separation; and (d) property excluded by a valid agreement between the parties (such as a prenuptial agreement). However, under C.R.S. §14-10-113(4), the appreciation or increase in value of separate property during the marriage is considered marital property and is subject to equitable division. When dividing property, the court considers several statutory factors under C.R.S. §14-10-113(1), including: the contribution of each spouse to the acquisition of marital property (including contributions as a homemaker); the value of property set apart to each spouse; the economic circumstances of each spouse at the time division becomes effective (including the desirability of awarding the family home to the spouse with primary custody of the children); and any increases or decreases in the value of separate property during the marriage or depletion of separate property for marital purposes. Both parties are required to make full written financial disclosures of all assets and debts. If spouses cannot agree on how to divide their property, the court will make the determination after hearing evidence. Colorado courts also address marital debts, and dissipation of marital assets (wasteful spending by one spouse) can result in the offending spouse being credited less from the marital estate.

Spousal support in Colorado is referred to as 'maintenance' under C.R.S. §14-10-114. At the time of permanent orders, and upon the request of either party, the court may order one spouse to pay maintenance to the other. An award of maintenance must be in an amount and for a term that is fair and equitable to both parties and is made without regard to marital misconduct. Colorado provides advisory maintenance guidelines that apply when the marriage lasted at least three years and the parties' combined annual adjusted gross income does not exceed $240,000. Under these guidelines (C.R.S. §14-10-114(3)(b)), the amount of maintenance is calculated based on a formula involving each spouse's income. For post-2018 divorces (where maintenance is not tax-deductible to the payor), the formula subtracts 50% of the lower-earning spouse's gross monthly income from 40% of the higher-earning spouse's gross monthly income, capped so that the recipient does not receive more than 40% of the parties' combined monthly gross income. The advisory term of maintenance is based on the length of the marriage, starting at 31% of the marriage duration for a 3-year marriage and increasing gradually to 50% for marriages of 12.5 years. For marriages exceeding 20 years, the court may award maintenance for a specified or indefinite term. These guidelines are advisory — not presumptive — meaning the court may deviate from them based on additional statutory factors. The court also considers factors such as: the financial resources of both parties; the lifestyle established during the marriage; the distribution of marital property; both parties' income, employment, and employability; the duration of the marriage; each spouse's age and health; and any significant economic or non-economic contributions to the marriage or the other spouse's career. Temporary maintenance may also be awarded during the pendency of the divorce. Maintenance may be modified upon a showing of substantial and continuing changed circumstances under C.R.S. §14-10-122, and it typically terminates upon the recipient's remarriage or either party's death.

Colorado does not use the term 'custody' in its family law statutes. Instead, the state uses the concept of 'allocation of parental responsibilities,' which encompasses both decision-making responsibility and parenting time. Under C.R.S. §14-10-124, the court determines these allocations based on the best interests of the child, which is the paramount standard in all custody determinations. For parenting time, the court considers all relevant factors under C.R.S. §14-10-124(1.5)(a), including: the wishes of both parents; the wishes of the child (if sufficiently mature to express reasoned and independent preferences); the interaction and interrelationship of the child with parents, siblings, and other significant persons; the child's adjustment to home, school, and community; the mental and physical health of all individuals involved (though disability alone cannot be a basis for restricting parenting time); each party's ability to encourage the child's relationship with the other parent; the past pattern of parental involvement; the physical proximity of the parents; and each party's ability to place the child's needs ahead of their own. For decision-making responsibility (covering major life decisions such as education, healthcare, and religious upbringing), the court considers additional factors under C.R.S. §14-10-124(1.5)(b), including the parties' ability to cooperate and make decisions jointly, and whether their past involvement with the child demonstrates a system of mutual support. The court may allocate decision-making jointly or solely to one parent. Colorado law explicitly prohibits gender-based presumptions in parenting decisions — fathers and mothers have equal standing. When domestic violence, child abuse, or neglect is alleged, the court applies heightened scrutiny under C.R.S. §14-10-124(4), making the safety and well-being of the child and the abused party the primary concern. The court may also appoint a Child and Family Investigator (CFI) or a Parental Responsibilities Evaluator (PRE) to investigate and make recommendations. Additionally, a district court may order parents to attend educational programs about the impact of divorce on children under C.R.S. §14-10-123.7.

To file for divorce in Colorado, you begin by preparing and filing a Petition for Dissolution of Marriage (also called a co-petition if both spouses file jointly) with the district court in the county where you or your spouse resides. The Colorado Judicial Branch provides standardized forms (JDF series) for self-represented parties, available through the court's self-help website. You must pay the filing fee of $230 at the time of filing. If you cannot afford the fee, you may file a Motion to File Without Payment and Supporting Financial Affidavit to request a fee waiver based on financial hardship. If you file a sole petition, you must serve the petition and summons on your spouse. Colorado requires service through a third party — you cannot serve the papers yourself. Service may be accomplished through a professional process server, the county sheriff's office, or by certified mail. Service costs typically range from $45 to $250. Alternatively, if both spouses file a co-petition together, service is not required, saving both time and money. After service, the respondent has 21 days (or 35 days if served out of state) to file a response, which costs $116. Both parties are required to file a Sworn Financial Statement (JDF 1111) disclosing their income, expenses, assets, and debts. If children are involved, the parties must also submit a proposed parenting plan and child support worksheets. The 91-day waiting period begins upon service (or filing of a co-petition), during which time the parties negotiate or litigate the terms of their divorce. If the parties reach agreement on all issues, they submit a separation agreement to the court for approval. If they cannot agree, the court will schedule hearings and ultimately a trial to resolve the disputed issues. Once all matters are resolved and the 91-day period has passed, the court enters the final Decree of Dissolution. Divorce cases in Colorado are heard by the District Courts, which serve as the state's general jurisdiction trial courts. Colorado is divided into 22 judicial districts, each with at least one district court. Within the district courts, domestic relations divisions (also called family courts) handle divorce, legal separation, annulment, allocation of parental responsibilities, child support, and related family law matters. You file your case in the district court of the county where you or your spouse resides. The Colorado Court of Appeals is the state's intermediate appellate court, consisting of 22 judges who sit in three-member divisions. If either party disagrees with the district court's final orders, they may appeal to the Court of Appeals, which reviews the case for legal error. The Court of Appeals does not conduct new trials or hear new evidence — it reviews the record from the district court proceedings. Appeals in family law cases are governed by the Colorado Appellate Rules. The Colorado Supreme Court is the state's court of last resort, composed of seven justices who serve ten-year terms. The Supreme Court has discretionary review authority over most Court of Appeals decisions and may choose to hear cases that involve significant legal questions. The Chief Justice serves as the executive head of the Colorado Judicial System and oversees the administration of all state courts across the 22 judicial districts. County courts in Colorado do not have jurisdiction over domestic relations matters — these cases must be filed in district court.

Colorado imposes a mandatory 91-day waiting period before a divorce can be finalized. Under C.R.S. §14-10-106(1)(a)(III), a court cannot enter a decree of dissolution until at least 91 days have elapsed from the date the respondent was served with the petition and summons, or from the date of filing if both parties file a co-petition. This waiting period cannot be waived by the court or the parties. The 91-day waiting period runs concurrently with the divorce proceedings, meaning other steps such as discovery, mediation, and negotiation of settlement agreements can take place during this time. For an uncontested divorce where both parties agree on all issues, the divorce can theoretically be finalized as soon as the 91-day period expires. In practice, even uncontested divorces may take slightly longer due to court scheduling and processing times. For contested divorces, the process extends well beyond 91 days. Disputes over property division, parenting responsibilities, spousal maintenance, or other issues may require extensive discovery, expert evaluations, mediation, and potentially a trial. Contested divorces in Colorado commonly take six months to over a year, and complex high-asset or high-conflict cases can take even longer. Colorado does not require a formal period of separation before filing for divorce — couples may continue to live together while the divorce is pending.