By Antonio G. Jimenez, Esq. | Florida Bar No. 21022 | Covering Colorado Divorce Law
How long does divorce take in Colorado? At minimum, 91 days. Under C.R.S. section 14-10-106(1)(a)(III), Colorado imposes a mandatory 91-day waiting period before any divorce can be finalized. Uncontested divorces typically wrap up in three to five months, while contested cases involving custody or complex assets can take twelve months or longer.
Understanding the Colorado Divorce Timeline
When people search for how long does divorce take in Colorado, they are usually trying to plan their lives around a major legal transition. The answer depends on several interrelated factors: the type of divorce, the level of agreement between spouses, the complexity of financial and custody issues, and the court's scheduling capacity in your specific judicial district.
Colorado's divorce process is governed by Article 10 of Title 14 of the Colorado Revised Statutes, formally known as the Uniform Dissolution of Marriage Act. This statutory framework outlines everything from residency requirements to property division, spousal maintenance, and parental responsibilities.
The Mandatory 91-Day Waiting Period
The single most important factor in understanding divorce duration in Colorado is the statutory waiting period. Under C.R.S. section 14-10-106(1)(a)(III), the district court cannot enter a decree of dissolution of marriage until at least ninety-one days have elapsed since the court acquired jurisdiction over the respondent. This jurisdictional clock starts running on whichever event occurs first: service of process on the respondent under Rule 4 of the Colorado Rules of Civil Procedure, the respondent joining as a co-petitioner, or the respondent entering an appearance in any other manner.
This waiting period is statutory and cannot be waived or shortened, even if both parties are in complete agreement on every issue. The Colorado legislature designed this cooling-off period to give couples time to reconsider their decision or negotiate agreements before the divorce is finalized.
For many couples, the 91-day minimum is achievable only in the simplest of uncontested cases. The divorce timeline expands significantly once contested issues enter the picture.
Residency Requirements Before You Can File
Before even reaching the waiting period, you must satisfy Colorado's residency requirement. 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 commencement of the divorce proceeding.
If the case involves a minor child, additional requirements apply. Children over six months of age must have resided in Colorado for at least 182 days before the divorce action is initiated. Children younger than six months must have been in Colorado since birth to meet the residency criteria.
If neither spouse meets the 91-day residency requirement at the time of filing, the court will not process the petition. You would either need to wait until the requirement is met or consider filing in another state where you do satisfy residency rules.
Colorado Is a No-Fault Divorce State
Colorado is exclusively a no-fault divorce state. The only ground for dissolution of marriage is that the marriage is "irretrievably broken." Under C.R.S. section 14-10-106(1)(a)(II), the court must find that the marriage is irretrievably broken before entering a decree.
Traditional fault-based defenses such as condonation, connivance, collusion, recrimination, insanity, and lapse of time have been abolished under C.R.S. section 14-10-107(5). You do not need to prove your spouse did anything wrong. You simply need to certify that the marriage is no longer viable.
However, while fault does not serve as a ground for divorce, evidence of domestic violence or other misconduct may be relevant to determinations about spousal maintenance, property division, and parenting time arrangements.
Divorce Timeline: Uncontested vs. Contested Cases
The divorce duration in Colorado varies dramatically depending on whether your case is uncontested or contested.
Uncontested Divorce: 3 to 5 Months
An uncontested divorce occurs when both spouses agree on all major issues, including property division, debt allocation, spousal maintenance, and parenting responsibilities (if applicable). In these cases, couples can file jointly as co-petitioners or one spouse can file and the other can waive formal service.
Even in an uncontested divorce, you must still complete mandatory financial disclosures and submit all agreements in writing for court approval. The 91-day waiting period still applies. Once all paperwork is properly filed and the waiting period has elapsed, the court can schedule a final hearing or accept the case on affidavit without a hearing.
Realistically, an uncontested divorce in Colorado is often completed in three to five months from the date of filing.
Contested Divorce: 6 to 18+ Months
A contested divorce arises when spouses cannot agree on one or more key issues. Common areas of dispute include:
- Division of marital property versus separate property
- Spousal maintenance (alimony) amount and duration
- Allocation of parental responsibilities and parenting time
- Child support calculations
- Valuation of businesses, retirement accounts, or real estate
In contested cases, the court may issue temporary orders for child support, maintenance, and use of the marital home while the case proceeds. The court may also order mediation or other alternative dispute resolution before scheduling a trial.
Contested cases involving significant disputes may take a year or longer to resolve. Complex high-asset divorces or cases involving contentious custody battles can extend well beyond 18 months.
Step-by-Step Process and How Each Step Affects the Timeline
Here is a general overview of the divorce process in Colorado and how each phase impacts the overall divorce timeline:
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Filing the Petition: One spouse (the petitioner) files a Petition for Dissolution of Marriage with the district court in the county where either spouse resides, or both spouses file jointly as co-petitioners. The filing fee is $230. The respondent's answer filing costs $116.
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Service of Process: If the case is not filed jointly, the petition must be served on the other spouse. Colorado law requires service by a third party; the petitioner cannot serve the papers themselves. Methods include personal service by a process server or the county sheriff, or, with court approval, service by mail or publication. This step can take days to weeks.
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The 91-Day Waiting Period Begins: The clock starts when the respondent is served, joins as co-petitioner, or otherwise enters an appearance.
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Mandatory Financial Disclosures: Both parties must exchange sworn financial statements. This includes documentation of income, assets, debts, and expenses. Incomplete or disputed disclosures can add weeks or months.
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Temporary Orders (if needed): Either party may request temporary orders for child support, spousal maintenance, or exclusive use of the marital home. A hearing on temporary orders typically occurs within a few weeks of the request.
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Discovery and Negotiation: In contested cases, the parties may engage in formal discovery, including interrogatories, requests for production of documents, depositions, and subpoenas. This phase can last several months in complex cases.
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Mediation or Alternative Dispute Resolution: Colorado courts often recommend or require mediation to resolve disputes without trial. Mediators typically charge between $100 and $300 per hour.
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Trial (if necessary): If settlement cannot be reached, the case proceeds to a hearing or trial before the judge. All issues in a Colorado divorce are decided by a judge, not a jury, under C.R.S. section 14-10-107(6). Trial scheduling depends on court availability and can add months to the process.
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Entry of Final Decree: The judge issues the Decree of Dissolution of Marriage, which formally ends the marriage and resolves all outstanding issues.
Filing Fees and Court Costs
As of February 2025, the filing fee for a Petition for Dissolution of Marriage in Colorado is $230. The filing fee for a response to the petition is $116. Additional fees may apply for motions or hearings filed during the process, typically ranging from $70 to $150 per motion. Verify with your local clerk, as fees may change.
If you cannot afford the filing fee, Colorado courts allow you to file a Motion to File Without Payment along with a Supporting Financial Affidavit. The court will evaluate your financial circumstances and determine whether fees should be waived.
Service of process costs vary. Personal service through a process server or the sheriff's office typically ranges from $45 to $250 depending on the method and location.
For cases involving attorneys, hourly rates for Colorado family law attorneys typically range from $250 to $450 per hour. A typical divorce with attorneys in Colorado costs each party between $10,000 and $15,000, though uncontested cases with minimal legal assistance can cost significantly less.
Colorado has also introduced the Licensed Legal Paraprofessional (LLP) program, which provides more affordable legal assistance in family law matters at a reduced cost compared to traditional attorney representation.
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 must divide marital property in a manner it deems just and equitable after considering all relevant factors. Equitable does not necessarily mean equal; it means fair based on the circumstances.
The court considers several factors when dividing property:
- 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 the division becomes effective
- Increases or decreases in the value of separate property during the marriage
Marital property generally includes all property acquired by either spouse during the marriage. Separate property includes assets acquired before marriage, by gift, bequest, or inheritance, or after a decree of legal separation. However, any appreciation in the value of separate property during the marriage is considered marital property under C.R.S. section 14-10-113(4) and is subject to division.
Spousal Maintenance (Alimony)
Spousal maintenance in Colorado is governed by C.R.S. section 14-10-114, which provides advisory guidelines for the amount and duration of maintenance awards. The court considers multiple factors including each spouse's financial resources, income, employability, the length of the marriage, and the standard of living established during the marriage.
Maintenance is discretionary; the court is not required to award it in every case. The advisory guidelines apply to marriages where the combined adjusted gross income of both parties does not exceed a specified threshold. For marriages of longer duration, maintenance terms may extend for longer periods.
Parental Responsibilities and Child Support
When children are involved, Colorado law uses the term "allocation of parental responsibilities" rather than "custody." The court must determine both decision-making responsibility (legal custody) and parenting time (physical custody) based on the best interests of the child.
Child support is calculated according to statutory guidelines under C.R.S. section 14-10-115, which takes into account both parents' incomes, the number of overnights each parent has, and other factors such as health insurance and childcare costs.
Disagreements over parenting arrangements are among the most common reasons a divorce takes longer than expected. Cases involving parental responsibilities evaluations, child and family investigators, or allegations of domestic violence can add significant time and expense.
Recent Legal Developments (2024-2025)
Colorado has enacted several family law developments in recent years that may affect divorce proceedings:
- The Keeping Children Safe from Family Violence Act (Colorado's adoption of "Kayden's Law") introduced recognition of "coercive control" as a pattern of domestic abuse. This legislation requires enhanced training for family investigators and parental responsibilities evaluators.
- The Licensed Legal Paraprofessional (LLP) program now allows trained professionals to provide limited legal services in family law cases at reduced cost, broadening access to legal assistance.
- Updated domestic violence definitions now explicitly include stalking, harassment, monitoring, and property damage to create fear as recognized forms of domestic abuse.
These developments may affect case timelines, particularly in cases involving domestic violence allegations or complex custody evaluations.
Tips for Speeding Up Your Colorado Divorce
If you want to minimize how long divorce takes in Colorado, consider these practical strategies:
- Agree on as many issues as possible before filing to pursue an uncontested divorce
- File jointly as co-petitioners to eliminate the need for formal service of process
- Complete financial disclosures promptly and thoroughly
- Use mediation early in the process to resolve disputes before they escalate
- Stay organized with all financial documents, property records, and relevant paperwork
- Communicate with your attorney regularly and respond to requests quickly
- Avoid unnecessary motions and court hearings that add time and cost
Court Resources
Colorado Judicial Branch Self-Help Center: https://www.coloradojudicial.gov/self-help
File your case in the district court of the county where you or your spouse resides. Colorado's district courts hear all domestic relations matters including dissolution of marriage, legal separation, and allocation of parental responsibilities.
Frequently Asked Questions
The following FAQs address the most common questions people have about the divorce timeline and process in Colorado.
FAQ 1: What is the minimum time to get divorced in Colorado?
The absolute minimum is 91 days from the date the court acquires jurisdiction over the respondent, as required by C.R.S. section 14-10-106(1)(a)(III). This waiting period cannot be waived. In practice, even the simplest uncontested divorce typically takes three to five months when accounting for paperwork processing and court scheduling.
FAQ 2: Can the 91-day waiting period be waived or shortened?
No. The 91-day waiting period is a mandatory statutory requirement under Colorado law. It applies regardless of whether both parties agree, whether the case is uncontested, or whether there are urgent circumstances. No judge has the authority to shorten or waive this period.
FAQ 3: How much does it cost to file for divorce in Colorado?
The filing fee for a Petition for Dissolution of Marriage is $230. The respondent's answer costs $116 to file. Additional costs include service of process ($45 to $250), motions ($70 to $150 each), and attorney fees if applicable. As of February 2025. Verify with your local clerk.
FAQ 4: Do I need to live in Colorado to file for divorce here?
At least one spouse must have been domiciled in Colorado for a minimum of 91 days immediately before filing the petition, per C.R.S. section 14-10-106(1)(a)(I). If the case involves minor children, the children must also meet separate residency requirements (182 days for children over six months of age).
FAQ 5: Is Colorado a no-fault divorce state?
Yes. Colorado is exclusively a no-fault state. The only ground for dissolution of marriage is that the marriage is irretrievably broken. You do not need to prove fault, wrongdoing, or misconduct by either spouse. Traditional fault-based defenses have been abolished under C.R.S. section 14-10-107(5).
FAQ 6: How is property divided in a Colorado divorce?
Colorado follows equitable distribution principles under C.R.S. section 14-10-113. The court divides marital property fairly, though not necessarily equally, after considering factors such as each spouse's contributions, economic circumstances, and the value of property awarded to each party. Colorado is not a community property state. Separate property generally remains with the owning spouse, but appreciation in value during the marriage is considered marital property subject to division.
FAQ 7: How long does a contested divorce take in Colorado?
Contested divorces in Colorado typically take six to eighteen months or longer, depending on the complexity of the issues in dispute. Cases involving child custody evaluations, business valuations, or significant disagreements over property or maintenance can take well beyond a year. Court scheduling backlogs in certain counties can further extend the timeline.
FAQ 8: Can I get divorced in Colorado without a lawyer?
Yes. Colorado allows self-representation (pro se filing) in divorce cases. The Colorado Judicial Branch offers a self-help center with forms and resources for people navigating the process without an attorney. However, mistakes in documentation or failure to understand legal implications can cause significant problems. Even in uncontested cases, consulting with an attorney or a Licensed Legal Paraprofessional is generally advisable.
FAQ 9: What happens if my spouse does not respond to the divorce petition?
If your spouse is properly served but does not file a response or enter an appearance, you may proceed with the divorce by default. You can submit the case for entry of final orders upon an affidavit showing the court's jurisdiction and supporting the relief you request. However, filing an affidavit does not shorten the 91-day waiting period. The court still retains discretion to require a formal hearing.
FAQ 10: What is the difference between divorce and legal separation in Colorado?
A dissolution of marriage (divorce) permanently terminates the marriage. A legal separation addresses the same issues as a divorce, including property division, support, and parenting, but the parties remain legally married. Under C.R.S. section 14-10-106(2), if one party requests legal separation and the other objects, the court may convert the proceeding to a dissolution. Legal separation may be chosen for religious reasons, health insurance considerations, or personal preference.
Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Laws and fees are subject to change. Always consult with a qualified Colorado family law attorney for guidance specific to your situation. Filing fee information is current as of February 2025; verify with your local clerk of court.