Complete Guide to Divorce in Colorado (2026)

Written by: Antonio G. Jimenez, Esq. | Florida Bar No. 21022 | Covering Colorado Divorce Law

Divorce in Colorado is legally called a "dissolution of marriage" and is governed by the Uniform Dissolution of Marriage Act, C.R.S. Title 14, Article 10. Colorado is a purely no-fault state, requiring only that the marriage be "irretrievably broken." The filing fee is $230, the residency requirement is 91 days, and there is a mandatory 91-day waiting period before a decree can be entered. Colorado follows equitable distribution for property division.

Overview of Divorce in Colorado

Colorado handles divorce under the Colorado Revised Statutes, Title 14, Article 10, known as the Uniform Dissolution of Marriage Act. Unlike many states that offer both fault and no-fault options, Colorado is an exclusively no-fault divorce state. This means the court will not assign blame to either spouse and the only ground for divorce is that the marriage is irretrievably broken. This foundational principle shapes virtually every aspect of the divorce process in Colorado, from property division to spousal maintenance.

Here are the key facts at a glance:

• Filing Fee: $230 for a Petition for Dissolution of Marriage (as of January 2025; verify with your local clerk)
• Response Fee: $116 for filing an answer to the petition
• Residency Requirement: At least one spouse must have lived in Colorado for 91 days before filing
• Waiting Period: 91 days from service of process or the co-petition filing
• Grounds: No-fault only (irretrievable breakdown of the marriage)
• Property Division: Equitable distribution (not community property)
• Court System: District Courts across 23 judicial districts
• Court Website: https://www.coloradojudicial.gov

Grounds for Divorce in Colorado

Colorado is one of the true no-fault divorce states in the nation. Under C.R.S. Section 14-10-106(1)(a)(II), the only ground for dissolving a marriage is that the court finds the marriage is irretrievably broken. No other grounds, such as adultery, cruelty, or abandonment, exist under Colorado law.

This is a significant distinction. Under C.R.S. Section 14-10-110(1), if one spouse declares the marriage is broken, the court will effectively accept that declaration. The court retains the discretion to continue the case for 30 to 60 days if the responding party contests the assertion, but in practice, if one spouse wants out of the marriage, the divorce will be granted.

Additionally, because Colorado is a no-fault state, marital misconduct such as infidelity or substance abuse is generally irrelevant for purposes of obtaining the divorce itself. However, these issues may become relevant in the context of child custody (parental responsibilities) determinations if the conduct directly affects the children.

Residency Requirements

Under C.R.S. Section 14-10-106(1)(a)(I), at least one spouse must have been domiciled in Colorado for at least 91 days immediately preceding the filing of the divorce petition. This requirement applies regardless of where the couple was married.

Key details about residency:

• Physical presence in Colorado with the intent to make it your permanent home satisfies the requirement
• Temporary absences for business, vacation, or military deployment do not interrupt the 91-day period if you maintain Colorado as your primary residence
• The court may require proof of residency through a Colorado driver's license, voter registration, lease agreements, utility bills, or employment records
• If neither spouse meets the residency requirement, the petition may be dismissed

For cases involving minor children, additional jurisdictional rules apply. Under C.R.S. Section 14-13-201 (the Uniform Child Custody Jurisdiction and Enforcement Act, or UCCJEA), a Colorado court has jurisdiction over child custody matters only if the child has lived in Colorado for at least 182 consecutive days (approximately six months) before the filing. If a child has not met this threshold, parents may need to file for custody in the state where the child last resided for the required period.

Types of Divorce: Contested vs. Uncontested

Colorado recognizes two primary paths to divorce:

Uncontested Divorce (Co-Petition)

In an uncontested divorce, both spouses agree on all major issues, including property division, child custody, child support, and spousal maintenance. Colorado allows both parties to jointly file a "co-petition," which eliminates the need for formal service of process and the respondent's separate answer filing fee. This approach not only saves money by removing the $116 response fee, but it also signals to the court that the parties are cooperating. If the court approves the agreement, the divorce can be finalized as soon as the 91-day waiting period expires.

Contested Divorce

In a contested divorce, the spouses cannot agree on one or more key issues. One spouse files the petition, and the other must be formally served and files a response. The case then proceeds through discovery, potentially mediation, and if settlement cannot be reached, a trial before a judge. Colorado courts often recommend or require mediation in contested cases before scheduling a trial. Contested divorces are significantly more expensive and time-consuming, potentially taking a year or longer to resolve.

Legal Separation

Colorado also offers legal separation as an alternative to divorce. A legal separation addresses all the same issues as a dissolution (property division, support, custody) but does not terminate the marriage. Under C.R.S. Section 14-10-120(2), after at least 182 days, either party may move to convert a legal separation into a dissolution of marriage.

Property Division in Colorado

Colorado is an equitable distribution state, not a community property state. Under C.R.S. Section 14-10-113, the court divides marital property in a manner it deems "just" after considering all relevant factors. Equitable does not necessarily mean equal, although in practice, many Colorado courts arrive at a roughly 50/50 split.

Marital vs. Separate Property

Under C.R.S. Section 14-10-113(2), marital property means all property acquired by either spouse during the marriage, with the following exceptions:

• Property acquired by gift, bequest, devise, or descent
• Property acquired in exchange for pre-marital property or property received by gift or inheritance
• Property acquired after a decree of legal separation
• Property excluded by a valid agreement of the parties (such as a prenuptial agreement)

All property acquired during the marriage is presumed to be marital, regardless of how it is titled, under C.R.S. Section 14-10-113(3).

Appreciation of Separate Property

One unique and critically important aspect of Colorado law is the treatment of appreciation on separate property. Under C.R.S. Section 14-10-113(4), a pre-marital asset is considered marital property to the extent that its present value exceeds its value at the time of the marriage. This means that if one spouse owns a home worth $300,000 at the time of marriage, and that home appreciates to $500,000 during the marriage, the $200,000 increase in value is marital property subject to equitable division.

Factors the Court Considers

When dividing marital property, the court considers the factors outlined in C.R.S. Section 14-10-113(1):

• The contribution of each spouse to the acquisition of marital property, including contributions as a homemaker
• The value of the property set apart to each spouse
• The economic circumstances of each spouse at the time the division is to become effective, including the desirability of awarding the family home to the spouse with whom the children primarily reside
• Any increases or decreases in the value of separate property during the marriage, or the depletion of separate property for marital purposes

Importantly, marital misconduct is not a factor in property division. The court divides property "without regard to marital misconduct" under C.R.S. Section 14-10-113(1). However, "economic fault," such as one spouse dissipating marital assets, may be considered.

Property is valued as of the date of the decree or the date of the hearing on disposition of property, whichever comes first, per C.R.S. Section 14-10-113(5).

Child Custody and Parenting Responsibilities

Colorado uses the term "Allocation of Parental Responsibilities" (APR) rather than "custody." This terminology reflects the state's progressive approach to child-related matters. Under C.R.S. Section 14-10-124, parental responsibilities are broken down into two components:

Parenting Time

Parenting time is the schedule that determines when each parent has the children. Under C.R.S. Section 14-10-124(1.5)(a), the court considers a variety of best-interest factors when determining parenting time, including:

• The wishes of the child's parents as to parenting time
• 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
• The ability of each party to encourage sharing of love, affection, and contact between the child and the other parent
• Whether the past pattern of involvement reflects a system of values, time commitment, and mutual support
• The physical proximity of the parties to each other
• The ability of each party to place the needs of the child ahead of his or her own needs

Decision-Making Responsibility

Decision-making responsibility refers to major life decisions about the child and is broken into four categories: medical, educational, religious, and extracurricular. The court can allocate decision-making jointly between both parents or individually to one parent, or a combination for different categories.

Under C.R.S. Section 14-10-124(3), the court shall not presume that any person is better able to serve the best interests of the child because of that person's sex. Colorado has no gender preference in parenting determinations.

When domestic violence or child abuse is alleged, the court must consider the safety and well-being of the child and the abused party as the primary concern, per C.R.S. Section 14-10-124(4)(d).

Parenting Plans

Colorado requires the parties to submit a parenting plan that addresses detailed logistics, including exchange procedures and locations, communication protocols between parents and between each parent and the child, and holiday and vacation schedules. The court may order mediation to assist parties in formulating or modifying a parenting plan under C.R.S. Section 14-10-124(8).

Parental Education

A district court may order parents of minor children to attend an educational program about the impact of separation and divorce on children. These programs teach co-parenting skills and strategies to help parents continue cooperating for the benefit of their children.

Child Support Guidelines

Colorado calculates child support using the Income Shares Model, codified in C.R.S. Section 14-10-115. This model provides an objective basis for determining the average costs of raising children across a wide range of incomes.

How Child Support Is Calculated

The basic steps are:

1. Determine each parent's monthly gross income
2. Combine both parents' incomes
3. Look up the basic child support obligation from the Schedule of Basic Child Support Obligations based on combined income and number of children, per C.R.S. Section 14-10-115(7)(b)
4. Determine each parent's percentage share of the combined income
5. Allocate the basic obligation based on each parent's income share
6. Adjust for work-related childcare costs, health insurance costs, and extraordinary expenses
7. Apply the overnights adjustment

For sole physical care situations (where one parent has the children for 273 or more overnights per year), the non-custodial parent typically pays their proportionate share. For shared physical care (where each parent has at least 93 overnights per year), the basic obligation is multiplied by 1.5 to account for duplicated household expenses, and each parent's share is offset against the other.

Key Provisions

• The minimum child support order is $10 per month for obligors with a monthly adjusted gross income of $650 or less
• The guidelines cap out at $30,000 per month in combined adjusted gross income; above that amount, the judge has discretion
• Parents are required to exchange financial information annually for the purpose of updating and potentially modifying the child support order under C.R.S. Section 14-10-115(14)
• Modification requires a substantial and continuing change of circumstances resulting in at least a 10% change in the presumed support amount

Spousal Support (Maintenance)

In Colorado, what is commonly called "alimony" is referred to as "spousal maintenance." The governing statute is C.R.S. Section 14-10-114, which contains advisory guidelines for both the amount and duration of maintenance.

Advisory Guidelines Formula

For marriages lasting at least three years where the parties' combined annual adjusted gross income does not exceed $240,000, the court must consider the advisory guideline calculations as a starting point:

• Amount: The advisory guideline amount equals 40% of the parties' combined monthly adjusted gross income, minus the lower-income party's monthly adjusted gross income. The result cannot cause the recipient to receive more than 40% of the combined monthly income.
• For non-taxable maintenance (post-2018 federal tax law): An 80% multiplier is applied to the formula amount if combined monthly income is $10,000 or less; a 75% multiplier is applied if combined monthly income exceeds $10,000.
• Duration: The term is based on the length of the marriage, with a sliding scale that increases with longer marriages.

Critically, these guidelines are advisory, not presumptive. The court retains discretion to determine what is fair and equitable based on the totality of the circumstances. The court must make written or oral findings explaining the amount and term of any maintenance awarded or the reasons for denying maintenance.

Factors the Court Considers

Beyond the advisory formula, the court evaluates factors under C.R.S. Section 14-10-114(3)(c), including:

• The financial resources of the party seeking maintenance
• The time necessary to acquire education or training for appropriate employment
• The standard of living established during the marriage
• The duration of the marriage
• The age and physical and emotional condition of the party seeking maintenance
• The ability of the payor to meet their own needs while paying maintenance

Maintenance is awarded without regard to marital misconduct.

The Filing and Court Process: Step by Step

Here is a step-by-step overview of the divorce process in Colorado:

1. Confirm Residency: Verify that at least one spouse has been domiciled in Colorado for at least 91 days.

2. File the Petition: File a Petition for Dissolution of Marriage (or co-petition if both parties agree) with the District Court in the county where either spouse resides. Pay the $230 filing fee. If you cannot afford the fee, you may file a Motion to File Without Payment and Supporting Financial Affidavit.

3. Serve the Other Spouse: If filing a solo petition, the other spouse must be served with the petition and summons. The petitioner cannot serve the papers themselves; a process server, the sheriff's office, or another authorized third party must do so. Service costs typically range from $45 to $250.

4. Automatic Temporary Injunction: Upon filing and service, an automatic temporary injunction goes into effect under C.R.S. Section 14-10-107, preventing both parties from dissipating assets, canceling insurance, or relocating children without agreement or court order.

5. Response: The responding spouse has 21 days (if served in Colorado) or 35 days (if served outside Colorado) to file a response. The filing fee for a response is $116.

6. Financial Disclosures: Both parties must complete and exchange Sworn Financial Statements (JDF 1111) and supporting documentation.

7. Temporary Orders: If necessary, either party may request temporary orders addressing issues such as parenting time, child support, maintenance, and exclusive possession of the marital home while the case is pending.

8. Mediation/Negotiation: Colorado courts frequently recommend or require mediation to resolve disputed issues. Mediators typically charge between $100 and $300 per hour.

9. Discovery: In contested cases, parties may engage in formal discovery, including interrogatories, requests for production of documents, depositions, and subpoenas.

10. Permanent Orders Hearing: If the parties cannot reach agreement, the court holds a permanent orders hearing (trial) at which a judge makes final decisions on all disputed issues.

11. Decree of Dissolution: The court enters the final decree of dissolution. Under C.R.S. Section 14-10-120(1), the decree is final when entered, subject to the right of appeal. Either party may remarry once the decree is entered.

Timeline from Filing to Final Decree

The 91-day mandatory waiting period is the absolute minimum. This clock begins running on the later of the filing date or the date of service of process. Even an uncontested divorce in Colorado takes at least 91 days.

Typical timelines:

• Uncontested divorce with full agreement: 3 to 4 months
• Moderately contested divorce resolved through mediation: 6 to 9 months
• Highly contested divorce proceeding to trial: 12 to 18 months or longer

Factors affecting the timeline include the court's docket in your judicial district, the complexity of assets, the number and severity of disputed issues, and whether custody evaluations or expert witnesses are needed.

Costs Breakdown

The cost of divorce in Colorado varies widely based on the complexity and contentiousness of the case. Here is a breakdown of typical expenses (as of January 2025; verify current amounts with your local clerk):

• Petition Filing Fee: $230
• Response Filing Fee: $116
• Service of Process: $45 to $250
• Motion Filing Fees: $70 to $150 per motion
• Attorney Fees: $250 to $450 per hour (varies by experience and location)
• Mediation Fees: $100 to $300 per hour (typically split between parties)
• Parental Responsibilities Evaluation: $2,500 to $10,000
• Home Appraisals/Business Valuations: $500 to $5,000
• Forensic Accountants: $300 to $500 per hour

Total estimated costs:

• Simple uncontested divorce (pro se or minimal legal assistance): $230 to $3,500
• Uncontested divorce with attorney: $2,500 to $5,000
• Average contested divorce with attorneys: $10,000 to $15,000 per party
• High-conflict or high-asset divorce: $20,000 to $50,000 or more

Fee waivers are available for those who demonstrate financial hardship. The court may waive filing fees upon approval of a Motion to File Without Payment.

What Makes Divorce in Colorado Unique

Several features distinguish Colorado from other states:

• Pure No-Fault State: Colorado does not allow fault-based grounds. The marriage being irretrievably broken is the sole ground.
• Terminology: Colorado uses "dissolution of marriage" rather than "divorce" in its statutes, and "allocation of parental responsibilities" rather than "custody." Decision-making is divided into four specific categories (medical, educational, religious, and extracurricular).
• Co-Petition Option: Both spouses can file jointly, streamlining the process and saving on fees.
• Advisory Maintenance Guidelines: Unlike states that leave maintenance entirely to judicial discretion, Colorado provides a statutory formula as a starting point, though it remains advisory rather than presumptive.
• Appreciation of Separate Property: The increase in value of separate property during the marriage is treated as marital property, a rule that significantly impacts high-asset divorces.
• No Gender Preference in Custody: Colorado law explicitly prohibits the court from presuming one parent is more fit based on sex.
• 91-Day Dual Requirement: The 91-day threshold applies to both the residency requirement and the waiting period before a decree can be entered.
• Automatic Temporary Injunction: Upon filing, both parties are automatically restrained from dissipating assets, which provides immediate financial protection.
• Civil Union Dissolution: Colorado also addresses the dissolution of civil unions under C.R.S. Section 14-10-106.5, applying the same procedures and case law as marital dissolutions.

Frequently Asked Questions

Please see the FAQ section below for detailed answers to the most common questions about divorce in Colorado.

Disclaimer: This guide is provided for informational purposes only and does not constitute legal advice. Laws and filing fees are subject to change. Always verify current statutes, fees, and procedures with the Colorado Judicial Branch at https://www.coloradojudicial.gov or consult a licensed Colorado attorney for advice specific to your situation.