Divorcing with children in Colorado in 2026 requires a $230 court filing fee (plus a $12 e-filing fee), a 91-day residency period before filing, and a mandatory 91-day waiting period before any decree is entered. Colorado calls divorce "dissolution of marriage" and resolves all child-related issues through a court-approved parenting plan under Colo. Rev. Stat. § 14-10-124, which prioritizes the best interests of the child.
Colorado overhauled its child support law effective March 1, 2026, eliminating the old 93-overnight "cliff" and replacing it with a graduated parenting-time credit table that recognizes every overnight. This guide explains parenting plans, child support, parenting time, decision-making responsibility, and the full divorce process for Colorado parents.
Key Facts: Divorce With Children in Colorado (2026)
| Factor | Colorado Requirement |
|---|---|
| Filing Fee (Petitioner) | $230 + $12 e-filing fee (As of January 2026. Verify with your local clerk.) |
| Response Fee (Respondent) | $116 |
| Waiting Period | 91 days from service or co-filing before decree |
| Residency Requirement | 91 days domiciled in Colorado before filing |
| Child Residency (custody jurisdiction) | 182 consecutive days in Colorado |
| Grounds | No-fault only (irretrievable breakdown) |
| Property Division Type | Equitable distribution (not 50/50) |
| Custody Standard | Best interests of the child (§ 14-10-124) |
| Child Support Model | Income shares (§ 14-10-115) |
Colorado is a no-fault divorce state, meaning the only ground for dissolution is that the marriage is "irretrievably broken." Neither spouse must prove fault such as adultery or cruelty. The District Court, not County Court, handles all dissolution and parental responsibility matters.
How Does Divorce With Children Work in Colorado?
Divorce with children in Colorado follows a structured process that adds parenting requirements to the standard dissolution. After filing the petition and paying the $230 fee, parents must submit a parenting plan (form JDF 1113), complete a mandatory parenting education class under Colo. Rev. Stat. § 14-10-123.7, and resolve child support before the court enters a decree. The minimum timeline is 91 days.
Colorado law uses the term "allocation of parental responsibilities" instead of "custody." This framework, established in Colo. Rev. Stat. § 14-10-124, divides parental responsibilities into two components: parenting time (the schedule of when the child is with each parent) and decision-making responsibility (authority over major decisions like education, healthcare, and religion). A court may allocate decision-making jointly to both parents or individually to one parent on each issue.
The divorce with children Colorado process requires several child-specific filings that a childless divorce does not. Parents must file the Parenting Plan (JDF 1113, last revised December 18, 2025), Sworn Financial Statements, and Child Support Worksheets. For couples who agree on terms, an uncontested dissolution with children typically finalizes in 3 to 6 months. Contested cases involving custody disputes can take 12 to 18 months or longer.
What Are the Residency Requirements for Divorce in Colorado?
To file for divorce in Colorado, at least one spouse must have been domiciled in the state for 91 days immediately before filing, under Colo. Rev. Stat. § 14-10-106. For child custody jurisdiction, the children must have lived in Colorado for 182 consecutive days (about 6 months) under Colo. Rev. Stat. § 14-13-201. These are two separate, independent requirements.
Colorado's 91-day residency requirement is among the shortest in the nation. "Domicile" means a present intent to maintain Colorado as a permanent home, and the requirement applies regardless of where the couple married. This rule prevents "forum shopping," where a spouse moves to a state solely to obtain a faster or more favorable divorce. There is no separate county residency requirement, so you may file in any Colorado county where you reside.
The child residency requirement comes from the Uniform Child-Custody Jurisdiction and Enforcement Act (UCCJEA), codified at Colo. Rev. Stat. § 14-13-201. Colorado must be the child's "home state" — meaning the child lived there for the six months before the case began — for a Colorado court to make custody and parenting time decisions. If your children recently moved to Colorado, the court that has jurisdiction over the divorce itself may not yet have jurisdiction over custody matters, requiring careful coordination between states.
How Does Child Support Work in Colorado (2026 Changes)?
Colorado uses the income shares model under Colo. Rev. Stat. § 14-10-115, combining both parents' gross incomes to estimate what they would have spent on the child in an intact household, then dividing that obligation proportionally. Effective March 1, 2026, House Bill 25-1159 eliminated the old 93-overnight threshold and now grants a graduated parenting-time credit for every overnight from 0 to 365.
The 2026 reform is the most significant child support change in years. Under the prior law, a parent needed at least 93 overnights per year to receive any shared-parenting credit — meaning a parent with 90 overnights got the same credit (zero) as a parent with none. The new Parenting Time Table in Colo. Rev. Stat. § 14-10-115(8)(h) eliminates this "cliff." For example, 73 overnights now yields an 8.87% credit, 122 overnights yields a 22.54% credit, and 182.5 overnights (equal parenting) yields a 50% credit.
The 2026 changes also raised the statutory income cap from $30,000 to $40,000 in combined monthly income, removed the $250-per-child threshold for extraordinary medical expenses, and changed how tax exemptions are allocated. The basic support calculation follows five steps: (1) determine each parent's adjusted gross income, (2) combine incomes to find the basic obligation from the schedule, (3) allocate by income percentage, (4) apply the parenting-time overnight credit, and (5) add childcare, health insurance, and extraordinary expenses.
Even with a 50/50 parenting split, one parent may still owe support if there is a meaningful income disparity. Child support orders can be modified under Colo. Rev. Stat. § 14-10-122 when a substantial and continuing change of circumstances would alter the amount by at least 10%. Modifications take effect from the date the motion is filed, not retroactively.
What Is a Parenting Plan in Colorado?
A Colorado parenting plan is a written document (form JDF 1113) that sets out parenting time schedules, decision-making authority, holiday arrangements, transportation, and dispute resolution for minor children. The court must approve every parenting plan before a divorce with children is finalized, and the plan must serve the best interests of the child under Colo. Rev. Stat. § 14-10-124.
The parenting plan addresses two distinct legal concepts. Parenting time is the regular schedule of when the child lives with or visits each parent, including weekday, weekend, holiday, and summer arrangements. Decision-making responsibility covers three categories of major decisions: education, medical/dental/mental health, and religious upbringing. Parents can share these decisions jointly or assign each category to one parent. The JDF 1113 form requires parents to specify exactly how each decision will be made.
If parents agree on a co-parenting arrangement, they submit a joint parenting plan that a judge typically approves without a hearing. If they cannot agree, each parent submits a proposed plan, and the court decides after considering the best-interests factors. These factors include the wishes of the parents and child, the child's relationship with each parent and siblings, the child's adjustment to home and school, the mental and physical health of all parties, and each parent's ability to encourage a relationship with the other parent. The court strives not to consider bias regarding religion, gender, sexual orientation, race, or disability.
Colorado courts require parents to complete a parenting education class under Colo. Rev. Stat. § 14-10-123.7 in cases involving minor children. This class teaches co-parenting communication and the effects of divorce on children, and proof of completion is typically required before final orders.
How Is Parenting Time Decided in Colorado?
Parenting time in Colorado is decided under the best-interests standard of Colo. Rev. Stat. § 14-10-124, which gives paramount consideration to the child's safety and physical, mental, and emotional needs. Colorado courts presume that frequent and continuing contact with both parents serves the child's best interests unless evidence shows a parent would endanger the child's health or significantly impair emotional development.
Colorado law expresses a strong preference for keeping both parents involved in their children's lives. The statute lists specific parenting-time factors the court must weigh, including the physical proximity of the parents to each other as it affects practical scheduling, each parent's ability to place the child's needs ahead of their own, the past pattern of involvement of each parent, and the child's wishes if mature enough to express a reasoned preference. There is no fixed age at which a child's preference becomes controlling.
For families pursuing roughly equal time, common schedules include alternating weeks, the 2-2-3 rotation, and the 2-2-5-5 schedule. Because the 2026 child support changes credit every overnight, the exact number of overnights each parent exercises now has direct financial consequences, making the parenting time schedule and the child support calculation closely interrelated.
Safety provisions are built into the statute. If a court finds by a preponderance of the evidence that a parent committed sexual assault resulting in the child's conception, a rebuttable presumption arises against allocating decision-making to that parent. Where domestic violence or child abuse is alleged, the court may order supervised parenting time or restrict contact to protect the child.
How Long Does Divorce With Children Take in Colorado?
A divorce with children in Colorado takes a minimum of 91 days because of the mandatory waiting period under Colo. Rev. Stat. § 14-10-106, but uncontested cases with children typically finalize in 3 to 6 months. Contested cases involving custody disputes, property valuation, or support disagreements commonly take 12 to 18 months due to mediation, hearings, and discovery.
The 91-day clock starts when the respondent is served with the petition and summons, or when both spouses file a joint co-petition. This waiting period cannot be waived or shortened under any circumstances — even when both spouses agree on every term and are represented by attorneys. The purpose is to provide a "cooling-off" period for potential reconciliation.
Several child-specific steps can extend the timeline. Colorado courts require parents to attend mediation before contested custody hearings in most jurisdictions, and the mandatory parenting education class must be completed. If the parents cannot agree on a parenting plan, the court may appoint a Child and Family Investigator (CFI) or a Parental Responsibilities Evaluator (PRE) to investigate and make recommendations, a process that can add several months and cost $1,000 to $3,500 or more.
What Does Divorce With Children Cost in Colorado?
A divorce with children in Colorado starts with a $230 filing fee plus a $12 e-filing fee for the petitioner, and a $116 response fee for the other spouse, as of January 2026. Total costs range widely: a DIY uncontested divorce may cost $250 to $500, while a contested custody case with attorneys commonly runs $15,000 to $30,000 or more per spouse.
Beyond court fees, common expenses include service of process ($50 to $100 via a process server), certified copies of the decree ($20 to $50), and any motions filed during the case. Verify all current fees with your local Colorado district court clerk, as amounts can change and vary slightly by county.
Child-related cases carry additional costs that childless divorces avoid. A Child and Family Investigator (CFI) costs $1,000 to $3,500 (statutorily capped in many appointments), while a full Parental Responsibilities Evaluation (PRE) by a mental health professional can cost $3,000 to $10,000 or more. Mediation typically runs $100 to $300 per hour. If you cannot afford the filing fee, you may apply for a waiver using form JDF 205, which Colorado courts grant based on income, generally at or below 125% to 200% of the federal poverty level.