Getting Divorced with No Children in Colorado: Complete 2026 Guide

A divorce without children in Colorado requires a $230 court filing fee, 91 days of residency before filing, and a mandatory 91-day waiting period before finalization. Colorado is a no-fault, equitable-distribution state, so a childless divorce with agreement on property typically finalizes in 3 to 6 months without a court hearing.

Colorado calls divorce "dissolution of marriage," and removing children from the equation eliminates the most contested and time-consuming issues: parenting time, decision-making responsibility, and child support. What remains is dividing marital property, allocating debts, and — in some cases — resolving spousal maintenance. This guide explains the exact process, costs, forms, and statutes governing a no-kids divorce process in Colorado as of 2026.

Key Facts: Divorce Without Children in Colorado

As of January 2026. Verify all fees with your local district court clerk before filing.

How Much Does a Divorce Without Children Cost in Colorado?

The filing fee for a divorce without children in Colorado is $230 for the Petition for Dissolution of Marriage, plus a $12 fee if you file electronically. If your spouse files a formal response, that fee is $116. A self-filed uncontested divorce with no children typically costs $230 to $400 total once service of process is included.

Colorado increased its filing fees on January 1, 2025, under House Bill 2024-1286, raising the standard dissolution petition fee to $230 statewide. Service of process is a separate cost because Colorado law prohibits you from personally handing papers to your spouse. A private process server generally charges $50 to $100, while the county sheriff or any neutral adult over 18 may also complete service. For couples filing jointly as co-petitioners, no service is required, which eliminates that cost entirely and keeps a simple divorce no children under $250.

Fee waivers are available for filers who cannot afford court costs. Form JDF 205 (Motion to File Without Payment) and Form JDF 206 (Proposed Order) let qualifying filers waive the $230 petition fee and $116 response fee. Recipients of SNAP, Medicaid, TANF, SSI, or LEAP typically qualify automatically. Waivers do not cover process-server or attorney fees.

What Are the Residency Requirements to File in Colorado?

To file for divorce without children in Colorado, at least one spouse must have been domiciled in Colorado for a minimum of 91 days before filing the petition. This is one of the shortest residency requirements in the United States. Without meeting the 91-day threshold, a Colorado district court lacks jurisdiction to grant the divorce.

Under C.R.S. § 14-10-106(1)(a)(I), residency for divorce means legal domicile, not mere physical presence. Domicile requires a present intent to make Colorado a permanent home, supported by evidence such as a Colorado driver's license, voter registration, motor vehicle registration, or property ownership. The Colorado Supreme Court confirmed this domicile standard in Viernes v. District Court, 509 P.2d 306 (1973). The 91-day rule is jurisdictional and exists to prevent forum shopping, where a spouse briefly relocates solely to secure a favorable decree.

The requirement applies regardless of where the couple married. A couple who wed in Texas, New York, or overseas may still divorce in Colorado if one spouse satisfies the 91-day domicile rule. There is no separate county residency requirement — you file in the district court of the county where either spouse resides. Because a childless divorce has no custody component, the six-month child-residency rule under C.R.S. § 14-13-201 does not apply to your no dependents case.

What Are the Legal Grounds for Divorce in Colorado?

Colorado is a pure no-fault divorce state, meaning the only legal ground for dissolution is that the marriage is "irretrievably broken" with no reasonable prospect of reconciliation. Neither spouse must prove wrongdoing such as adultery, cruelty, or abandonment. One spouse's sworn statement that the marriage is irretrievably broken is legally sufficient, even if the other spouse disagrees.

Under C.R.S. § 14-10-106(1)(a)(II), the "irretrievably broken" standard replaced Colorado's old fault-based grounds decades ago. Traditional defenses — condonation, insanity, and collusion — have been abolished, so no spouse can legally block a divorce. This matters for a divorce without children because there is no factual dispute to litigate about why the marriage ended; the court accepts the no-fault declaration and moves directly to dividing property and, if applicable, maintenance.

Even when one spouse denies under oath that the marriage is broken, C.R.S. § 14-10-110(2) requires the court to consider all relevant circumstances before making a finding. In practice, courts virtually always grant the dissolution once one party testifies the marriage cannot be repaired. For a childless divorce, this no-fault framework keeps the process streamlined: the absence of parenting disputes plus no-fault grounds means most cases proceed on paperwork alone.

How Is Property Divided in a Colorado Divorce With No Children?

Colorado divides marital property through equitable distribution, meaning a fair — but not necessarily equal — split of assets and debts acquired during the marriage. Under C.R.S. § 14-10-113, judges have discretion to divide property 60/40 or in any proportion the court finds fair, though most outcomes land near 50/50. Marital fault is irrelevant to how property is divided.

Colorado is one of 41 equitable-distribution states, distinct from the nine community-property states such as California and Texas that mandate equal splits. Under C.R.S. § 14-10-113(2), marital property means everything acquired by either spouse during the marriage, except property received by gift, bequest, or descent; property exchanged for pre-marital assets; property acquired after a legal-separation decree; or property excluded by valid agreement. All property is presumed marital, and the spouse claiming an asset is separate bears the burden of proving it.

A key rule affects a no-kids divorce with pre-marriage assets: appreciation of separate property is marital. Under C.R.S. § 14-10-113(4), if a spouse owned an IRA worth $20,000 at marriage and it grew to $100,000 by divorce, the original $20,000 stays separate but the $80,000 increase is marital and divisible. Separate property can also lose its character through commingling — depositing marital funds into a separate account or adding a spouse's name to a separate asset creates a presumption of a gift to the marriage, rebuttable only by clear and convincing evidence.

The court considers four statutory factors under C.R.S. § 14-10-113(1): each spouse's contribution to acquiring marital property (including homemaker contributions), the value of property set apart to each spouse, the economic circumstances of each spouse at the time of division, and any increase, decrease, or depletion in separate property during the marriage. Assets are valued as of the divorce date, not their original or projected values.

What Is the Step-by-Step Process for a Childless Divorce in Colorado?

A divorce without children in Colorado follows six main steps: file the petition, serve the spouse (or file jointly), exchange financial disclosures within 42 days, attend an Initial Status Conference near day 42, reach a settlement, and finalize after the 91-day waiting period. An uncontested no-children case with cooperation typically completes in 3 to 4 months.

The process begins when either spouse files a Petition for Dissolution of Marriage (Form JDF 1101) with the district court. If both spouses agree, they file jointly as co-petitioners, which skips service entirely. Otherwise, the filing spouse must serve the other within a reasonable time; the 91-day clock under C.R.S. § 14-10-106(1)(a)(III) does not start until service is complete. Because a childless case has no parenting plan, the paperwork burden is significantly lighter than a divorce with dependents.

Both spouses must exchange Sworn Financial Statements (Form JDF 1111) within 42 days of service, disclosing income, assets, and debts. An Initial Status Conference is scheduled roughly 42 days after filing to review the case timeline. For a simple divorce with no children, spouses who agree on all property and debt issues submit a Separation Agreement (Form JDF 1115) and an Affidavit for Decree Without Appearance of Parties (Form JDF 1201). This allows the judge to approve the divorce remotely, meaning no court appearance is required in most cooperative childless cases.

How Long Does an Uncontested Divorce Take in Colorado?

An uncontested divorce without children in Colorado takes a minimum of 91 days but realistically finalizes in 3 to 4 months. The 91-day waiting period under C.R.S. § 14-10-106(1)(a)(III) is a mandatory floor that cannot be waived by the court or the spouses, even in fully agreed cases. Simple childless cases with organized paperwork often finalize closest to the three-month mark.

The 91-day clock begins when the respondent is served or when both spouses file jointly as co-petitioners. The 91-day mark is not a completion date — it is the earliest point at which a court may sign the decree. To finalize on or near day 91, spouses must have a signed Separation Agreement covering every property and debt issue on file, along with completed financial disclosures. Missing paperwork or backlogged court calendars can push finalization 30 to 60 days beyond the minimum.

Contested cases without children take longer, often 6 to 18 months, because disputes over property valuation, business interests, or spousal maintenance require hearings. The absence of children removes the single largest driver of divorce delay, so most no dependents divorces resolve faster than the state average. Filing as co-petitioners is the fastest path because it eliminates the service step and the response window.

Do I Need a Lawyer for a Divorce With No Children in Colorado?

Colorado does not require a lawyer for a divorce without children, and many spouses complete uncontested childless cases using the Colorado Judicial Branch's self-help forms. Divorce.law is a legal-information and attorney-routing platform — not a law firm — and this guide is general information, not legal advice. Consulting a Colorado attorney is advisable when significant assets, retirement accounts, or maintenance are involved.

Self-representation, known as proceeding "pro se," is common in simple no-kids divorces where the couple agrees on dividing property and debts. The Colorado Judicial Branch (coloradojudicial.gov) publishes standardized JDF forms and instructions for dissolution of marriage. Because a childless case has no parenting plan or child-support worksheet, the document set is substantially shorter, reducing the complexity that typically prompts spouses to hire counsel.

However, certain circumstances in a childless divorce still warrant professional guidance. Complex assets — a jointly owned business, real estate, pensions, stock options, or commingled pre-marital property — can create disputes over classification and valuation under C.R.S. § 14-10-113. Spousal maintenance under C.R.S. § 14-10-114 also introduces financial stakes that benefit from an attorney's review. When maintenance or valuation is contested, even a no-children case can become legally intensive.

What About Spousal Maintenance in a Colorado Divorce Without Children?

Spousal maintenance (alimony) may be awarded in a Colorado divorce without children when one spouse lacks sufficient property or income to meet reasonable needs. Under C.R.S. § 14-10-114, Colorado uses statutory advisory guidelines that generally apply to marriages of at least 3 years where the parties' combined gross income is $240,000 or less annually.

The absence of children does not eliminate maintenance — it is determined by the financial relationship between the spouses, not the presence of dependents. Under C.R.S. § 14-10-114, the advisory guideline calculates monthly maintenance as 40% of the higher earner's monthly adjusted gross income minus 50% of the lower earner's monthly adjusted gross income. The court also sets a duration based on marriage length; for example, a 10-year marriage generally yields maintenance for about 45% of the marriage's duration under the statutory term schedule.

Maintenance is discretionary, not automatic. The court weighs each spouse's financial resources, the standard of living during the marriage, and the time needed for the recipient to become self-supporting. In a childless divorce with two similarly earning spouses, maintenance is often waived entirely. When spouses disagree on maintenance amount or duration, the case shifts from uncontested to contested, extending the timeline and typically requiring attorney involvement or mediation.

Contested vs. Uncontested Divorce Without Children: Cost and Timeline

As of January 2026. Attorney fees vary widely by county and case complexity. Verify current court fees with your local district court clerk.