Introduction
If you are considering divorce in Colorado, understanding the state's laws, procedures, and requirements is an essential first step. Colorado is an exclusively no-fault divorce state, which means you do not need to prove wrongdoing by either spouse to end your marriage. Instead, the legal standard is simply that the marriage is "irretrievably broken."
This comprehensive guide walks you through everything you need to know about divorce in Colorado — from the grounds for dissolution and residency requirements to property division, child custody, spousal support, and the step-by-step filing process. Whether you are pursuing an uncontested divorce or anticipate a more complex proceeding, this resource will help you navigate the process with greater confidence and clarity.
Grounds for Divorce in Colorado
Colorado is an exclusively no-fault divorce state. Under C.R.S. §14-10-106(1)(a)(II), the sole legal ground for dissolution of marriage is that the marriage is "irretrievably broken." This means that the marital relationship has deteriorated to the point where there is no reasonable prospect of reconciliation.
What Does "Irretrievably Broken" Mean?
In practical terms, "irretrievably broken" simply means that at least one spouse believes the marriage cannot be saved. You do not need to provide evidence of adultery, abuse, abandonment, or any other specific fault. If one spouse states that the marriage is irretrievably broken, the court will generally accept that assertion — even if the other spouse disagrees.
This no-fault framework reflects Colorado's policy of reducing the adversarial nature of divorce proceedings. Rather than requiring spouses to assign blame, the law focuses on resolving practical matters such as property division, child custody, and support.
Can the Other Spouse Prevent the Divorce?
No. In Colorado, one spouse cannot block a divorce. If either party asserts that the marriage is irretrievably broken, the court will proceed with the dissolution. If the responding spouse denies that the marriage is irretrievably broken, the court may order a period of counseling or continue the matter for up to 60 days, but ultimately, the divorce will be granted if one party maintains their position.
Residency Requirements
Before you can file for divorce in Colorado, you must meet the state's residency requirement. 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 preceding the filing of the petition for dissolution of marriage.
This means:
- Only one spouse needs to meet the residency threshold — not both.
- The 91-day period must be consecutive and must run right up to the date of filing.
- You file for divorce in the county where either spouse resides.
If neither spouse has lived in Colorado for at least 91 days, you will need to wait until that threshold is met or consider filing in a state where the residency requirement is already satisfied.
Property Division
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 in a manner that is fair and equitable — though not necessarily equal.
Marital Property vs. Separate Property
The court will first classify all assets and debts as either marital or separate:
- Marital property includes most assets and debts acquired by either spouse during the marriage, regardless of whose name is on the title.
- Separate property includes assets acquired before the marriage, gifts or inheritances received by one spouse individually, and property excluded by a valid prenuptial or postnuptial agreement.
Separate property generally remains with the spouse who owns it, while marital property is subject to division by the court.
Factors the Court Considers
When dividing marital property equitably, Colorado courts consider several factors, including:
- Each spouse's contribution to the acquisition of marital property, including the contribution of a homemaker
- The value of property set apart to each spouse as separate property
- The economic circumstances of each spouse at the time the division becomes effective
- Any increases or decreases in the value of separate property during the marriage
- The depletion of separate property for marital purposes
It is important to understand that equitable does not mean equal. The court has broad discretion to divide property in whatever manner it considers fair given the totality of the circumstances.
Child Custody and Parenting Time
In Colorado, child custody is referred to as the "allocation of parental responsibilities" (APR). The two main components are decision-making responsibility and parenting time.
Decision-Making Responsibility
Decision-making responsibility covers major decisions regarding the child's education, healthcare, religious upbringing, and extracurricular activities. The court may award joint decision-making (shared between both parents) or sole decision-making (granted to one parent) depending on the child's best interests.
Parenting Time
Parenting time refers to the schedule that dictates when the child is with each parent. Colorado courts encourage arrangements that allow the child to maintain frequent and meaningful contact with both parents, provided doing so is in the child's best interests.
Best Interests of the Child
All custody and parenting time determinations in Colorado are governed by the best interests of the child standard under C.R.S. §14-10-124. Factors the court considers include:
- The wishes of the parents and the child (if the child is sufficiently mature)
- The child's adjustment to home, school, and community
- The mental and physical health of all parties involved
- Each parent's willingness to encourage a close relationship between the child and the other parent
- The physical proximity of the parents' homes
- Any history of domestic violence or abuse
Colorado does not automatically favor mothers or fathers. The court's sole focus is on what arrangement will best serve the child's well-being.
Spousal Support (Maintenance)
Spousal support in Colorado is known as "spousal maintenance" and is governed by C.R.S. §14-10-114. Maintenance is not automatically awarded in every divorce; the court first determines whether an award is appropriate and, if so, calculates the amount and duration.
Types of Maintenance
- Temporary maintenance: Awarded during the divorce proceedings to help a lower-earning spouse cover expenses while the case is pending.
- Permanent (long-term) maintenance: Awarded as part of the final divorce decree, typically in longer marriages or where there is a significant income disparity.
Factors Considered
When deciding whether to award maintenance and in what amount, the court considers:
- The financial resources of each spouse
- The lifestyle established during the marriage
- The duration of the marriage
- The age and health of each spouse
- Each spouse's earning capacity and employment history
- Whether the requesting spouse contributed to the other's education or career
Colorado provides advisory guidelines for calculating the amount and duration of maintenance in marriages lasting between 3 and 20 years where the combined gross income does not exceed a statutory threshold. For marriages outside these parameters, the court exercises broader discretion.
Filing Process
Below is a step-by-step overview of the divorce filing process in Colorado:
Step 1: Prepare and File the Petition
The divorce process begins when one spouse (the petitioner) files a Petition for Dissolution of Marriage with the district court in the county where either spouse resides. If both spouses agree, they may file a co-petition jointly.
Step 2: Serve the Other Spouse
If only one spouse files the petition, the other spouse (the respondent) must be formally served with the divorce papers. Service can be accomplished through a process server, the sheriff's office, or by the respondent signing a voluntary acceptance of service.
Step 3: Response
The respondent typically has 21 days (or 35 days if served outside Colorado) to file a response. If the respondent does not respond, the petitioner may request a default judgment.
Step 4: Disclosure and Discovery
Both spouses are required to exchange mandatory financial disclosures, including income, assets, debts, and expenses. In contested cases, additional discovery (such as interrogatories, depositions, or subpoenas) may be necessary.
Step 5: Negotiation and Settlement
Many Colorado divorces are resolved through negotiation, mediation, or collaborative law. If the spouses can reach an agreement on all issues, they submit a separation agreement to the court for approval.
Step 6: Trial (If Necessary)
If the spouses cannot agree on one or more issues, the case proceeds to trial, where a judge will make the final decisions on contested matters.
Step 7: Final Decree
Once all issues are resolved — either by agreement or by court order — the court issues a Decree of Dissolution of Marriage, which formally ends the marriage.
Timeline and Costs
Waiting Period
Colorado imposes a mandatory 91-day waiting period from the date the respondent is served or the date a co-petition is filed. The court cannot issue a final decree until this waiting period has elapsed. This is the minimum timeline; contested divorces can take significantly longer — sometimes a year or more.
Filing Fees
The filing fee for a divorce petition in Colorado typically ranges from $230 to $350, depending on the county. As of February 2026, you should verify the current fee with your local clerk of court, as fees are subject to change.
Additional Costs
Beyond the filing fee, additional costs may include:
- Attorney fees (varies widely based on complexity and whether the case is contested)
- Mediation fees
- Process server or service fees
- Costs for appraisals, financial experts, or custody evaluators if needed
An uncontested divorce with no children and limited assets will naturally cost far less than a highly contested case involving complex property division and custody disputes.
Tips for a Smoother Divorce Process
- Organize your financial documents early. Gather bank statements, tax returns, pay stubs, mortgage documents, retirement account statements, and debt records.
- Consider mediation. Mediation can save time, money, and emotional stress compared to litigation.
- Prioritize the children. If you have children, keep their best interests at the forefront of every decision.
- Consult an attorney. Even in an amicable divorce, having independent legal advice ensures your rights and interests are protected.
- Take care of yourself. Divorce is emotionally taxing. Do not hesitate to seek support from a counselor, therapist, or trusted community.
Legal Disclaimer
This guide is provided for informational purposes only and does not constitute legal advice. Divorce laws and procedures are subject to change, and individual circumstances can significantly affect legal outcomes. The information presented here is based on Colorado statutes and general legal principles as of the date of publication and may not reflect the most recent legal developments. You should consult a qualified Colorado family law attorney for advice tailored to your specific situation. No attorney-client relationship is created by reading or relying on this guide.