Colorado is a purely no-fault divorce state, meaning neither spouse must prove wrongdoing, adultery, abandonment, or any marital misconduct to obtain a divorce. Under C.R.S. § 14-10-106, the sole legal ground for dissolution of marriage is that the marriage is "irretrievably broken." Colorado courts do not consider fault when dividing property or awarding spousal maintenance, making the divorce process focused entirely on equitable resolution rather than assigning blame. The filing fee is $230, and a mandatory 91-day waiting period applies to all divorces regardless of circumstances.
Key Facts: Colorado No-Fault Divorce at a Glance
| Requirement | Colorado Law |
|---|---|
| Filing Fee | $230 (petitioner); $116 (response fee) |
| Waiting Period | 91 days mandatory (no exceptions) |
| Residency Requirement | 91 days domicile in Colorado |
| Grounds for Divorce | Irretrievably broken (no-fault only) |
| Property Division | Equitable distribution (not 50/50) |
| Fault Considered | No effect on property or maintenance |
| Uncontested Timeline | 3-6 months typical |
| Contested Timeline | 6-18 months or longer |
Note: Filing fees current as of January 2025. Verify with your local clerk before filing.
What Does No-Fault Divorce Mean in Colorado?
No-fault divorce in Colorado means that a spouse can end the marriage by simply asserting that the marriage is irretrievably broken, without proving any wrongdoing by the other spouse. Under C.R.S. § 14-10-110, if both spouses state under oath that the marriage is irretrievably broken, the court presumes this to be true and will grant the divorce. Even if one spouse denies the marriage is broken, the court will evaluate relevant factors and may still find the marriage irretrievably broken if the petitioning spouse maintains their position.
Colorado adopted no-fault divorce in 1971 when the state enacted the Uniform Dissolution of Marriage Act. This legislative change eliminated all fault-based grounds that previously existed in Colorado law, including adultery, cruelty, desertion, and habitual drunkenness. Today, Colorado remains one of approximately 17 states that are purely no-fault jurisdictions, meaning fault grounds are simply not available as an option.
The practical impact of no-fault divorce is significant. Divorcing spouses cannot use allegations of infidelity or misconduct to gain leverage in property division negotiations. Courts divide marital property under C.R.S. § 14-10-113 based on equitable factors without regard to marital misconduct. Similarly, spousal maintenance under C.R.S. § 14-10-114 is determined by financial factors rather than fault considerations.
Colorado Divorce Residency and Jurisdictional Requirements
Colorado requires at least one spouse to be domiciled in the state for a minimum of 91 days immediately before filing for divorce under C.R.S. § 14-10-106(1)(a)(III). This 91-day residency requirement is among the shortest in the United States, making Colorado an accessible jurisdiction for spouses who have recently relocated. Physical presence in Colorado with the intent to make it your permanent home satisfies the domicile requirement.
Courts may require proof of residency if domicile is contested. Acceptable evidence includes a Colorado driver's license, Colorado voter registration, vehicle registration, Colorado state income tax returns, property ownership records, lease agreements, and utility bills showing a Colorado address. Temporary absences for business travel, vacation, or military deployment do not interrupt the 91-day period if you maintain Colorado as your primary residence.
For child custody jurisdiction, Colorado applies the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). Children must have lived in Colorado for at least 182 consecutive days (approximately 6 months) or since birth for the court to have jurisdiction over custody matters. This requirement operates independently of the divorce residency requirement.
The 91-Day Mandatory Waiting Period
Colorado imposes a mandatory 91-day waiting period under C.R.S. § 14-10-106(1)(a)(III) before any court can finalize a divorce decree. This waiting period begins when the petition is filed and the respondent is served, or when both spouses file jointly as co-petitioners. The waiting period cannot be waived or shortened under any circumstances, regardless of how amicable the divorce or urgent the situation.
The purpose of Colorado's 91-day waiting period is to provide a "cooling-off" period that allows couples time to reconsider their decision and potentially reconcile. During this period, spouses must exchange sworn financial statements within 42 days of service, attend an initial status conference approximately 42 days after filing, and complete any required parenting classes if children are involved.
Technically, a divorce can finalize on day 91 if all paperwork is complete and both parties agree on all terms. However, the average uncontested divorce in Colorado takes 3 to 6 months, while contested divorces typically require 6 to 18 months or longer. Denver County, with the highest case volume in the state, sees typical timelines of 4 to 7 months for uncontested matters.
Contested vs. Uncontested Divorce in Colorado
| Factor | Uncontested Divorce | Contested Divorce |
|---|---|---|
| Timeline | 3-6 months | 6-18+ months |
| Average Cost | $3,000 median | $12,500 median |
| Court Appearances | Often none (remote review) | Multiple hearings required |
| Discovery Process | Minimal or none | Full financial discovery |
| Agreement Required | Both parties agree on all terms | Court decides disputed issues |
| Attorney Fees | Lower; flat-fee options available | Higher; hourly billing typical |
Colorado processes approximately 17,500 dissolution filings annually. Uncontested divorces proceed more efficiently because both spouses have reached agreement on all issues including property division, spousal maintenance, parenting time, and child support. Many uncontested cases finalize without any court appearance, as judges review and sign separation agreements remotely using sworn affidavits.
Contested divorces require significantly more time and expense because one or more issues remain disputed. Common contested issues include the division of retirement accounts, valuation of business interests, allocation of parenting time, calculation of child support, and determination of spousal maintenance amounts and duration. Contested cases may require expert witnesses, forensic accountants, custody evaluators, and extensive motion practice.
Property Division in Colorado No-Fault Divorce
Colorado is an equitable distribution state under C.R.S. § 14-10-113, meaning courts divide marital property in a manner deemed fair to both parties rather than automatically splitting assets 50/50. Importantly, marital misconduct plays no role in property division because Colorado is a no-fault state. A spouse cannot receive a larger property share based on the other spouse's infidelity or bad behavior.
Marital property includes all assets acquired by either spouse during the marriage, with specific exceptions. Under C.R.S. § 14-10-113(2), separate property that remains excluded from division includes property acquired by gift, bequest, devise, or inheritance; property acquired in exchange for separate property; and property excluded by a valid prenuptial or postnuptial agreement.
Courts consider multiple factors when determining equitable division: each spouse's contribution to acquiring marital property (including contributions as a homemaker), the economic circumstances of each spouse at the time of division, the desirability of awarding the family home to the spouse with primary custody of children, and increases or decreases in the value of separate property during the marriage.
Notably, appreciation of separate property during the marriage is treated as marital property under C.R.S. § 14-10-113(4). If one spouse owned a home worth $200,000 before marriage that increased to $350,000 during the marriage, the $150,000 appreciation is subject to equitable division regardless of whether the other spouse contributed to that increase.
Spousal Maintenance (Alimony) in No-Fault Colorado
Colorado provides advisory guidelines for calculating spousal maintenance under C.R.S. § 14-10-114, making it one of the few states with a statutory formula for support calculations. These guidelines apply when the parties' combined annual gross income does not exceed $240,000 ($20,000 monthly) and the marriage lasted at least 36 months. Marital fault is expressly excluded from maintenance considerations in Colorado.
The maintenance formula calculates 40% of the higher earner's gross monthly income minus 50% of the lower earner's gross monthly income, with the total maintenance amount capped at 40% of combined monthly income. An income multiplier adjusts this calculation: 80% applies when combined monthly income is $10,000 or less, and 75% applies for incomes between $10,001 and $20,000.
Maintenance duration correlates directly with marriage length. For marriages between 3 and 20 years, the advisory term starts at 31% of the marriage duration at 36 months and increases gradually, capping at 50% of the marriage duration at 12.5 years. Marriages exceeding 20 years may receive indefinite maintenance at the court's discretion.
Important tax considerations apply to all Colorado maintenance orders entered after December 31, 2018. Under the federal Tax Cuts and Jobs Act, spousal maintenance is no longer deductible by the payor and is not taxable income for the recipient. Colorado's advisory guidelines account for this change through the 80% and 75% income multipliers.
Child Custody and Parenting Time in No-Fault Divorce
Colorado uses the term "allocation of parental responsibilities" rather than "child custody." Under C.R.S. § 14-10-124, courts determine parenting time and decision-making responsibility based on the best interests of the child, with paramount consideration given to the child's safety and physical, mental, and emotional needs. Neither parent receives preference based on gender, and marital fault plays no role in custody determinations.
The Colorado General Assembly has declared that "in most circumstances, it is in the best interest of all parties to encourage frequent and continuing contact between each parent and the minor children." Courts are directed to encourage parents to share parenting rights and responsibilities while promoting love, affection, and contact between children and both parents.
Decision-making responsibility may be allocated jointly (mutual), to one parent individually (sole), or split across different areas. The court considers whether parents can cooperate and make joint decisions, whether past involvement demonstrates an ability to make positive joint decisions, and whether joint decision-making would promote more contact between the child and each parent.
When the court finds by a preponderance of evidence that one parent has committed child abuse, neglect, domestic violence, or sexual assault resulting in the child's conception, safety concerns become the primary consideration. The court must provide written or oral findings explaining why any unsupervised parenting time is in the child's best interests when domestic violence allegations exist.
Filing for No-Fault Divorce in Colorado: Step-by-Step Process
The Colorado divorce process begins with filing a Petition for Dissolution of Marriage in the district court of the county where either spouse resides. The $230 filing fee is due at the time of filing, though fee waivers are available for those who demonstrate financial hardship. Petitioners must include a verified financial statement and proposed parenting plan if children are involved.
After filing, the respondent must be served with the divorce papers through personal service, certified mail with restricted delivery, or waiver of service signed by the respondent. The respondent has 21 days (35 days if served out of state) to file a response. Both parties must exchange sworn financial statements within 42 days of service under the mandatory disclosure rules.
An initial status conference is typically scheduled approximately 42 days after filing. This conference allows the court to establish timelines, identify contested issues, and ensure both parties understand their obligations. If children are involved, both parents must complete a court-approved Level 1 parenting class under C.R.S. § 14-10-123.7 before the divorce can finalize.
If the divorce is uncontested, parties may submit a signed separation agreement and supporting documents for judicial review without appearing in court. Judges in many Colorado counties review and sign uncontested divorce decrees remotely. If contested issues exist, the case proceeds through discovery, mediation (often required), and ultimately a contested hearing or trial.
Costs of No-Fault Divorce in Colorado
| Cost Category | Typical Range |
|---|---|
| Petition Filing Fee | $230 |
| Response Filing Fee | $116 |
| Service of Process | $50-$75 |
| Copy/Certification Fees | $20-$50 |
| Parenting Class (if children) | $35-$75 |
| Mediation (if required) | $200-$500/hour |
| Attorney Fees (uncontested) | $1,500-$5,000 |
| Attorney Fees (contested) | $10,000-$30,000+ |
| Total (uncontested, no attorney) | $300-$500 |
| Total (contested with attorneys) | $15,000-$50,000+ |
Colorado divorce costs vary dramatically based on complexity and whether attorneys are involved. The median cost for an uncontested divorce in Colorado is approximately $3,000, while contested divorces average $12,500. High-asset divorces involving business valuations, forensic accounting, or custody disputes can exceed $50,000 in professional fees.
Self-representation (pro se) is permitted in Colorado and can reduce costs substantially for uncomplicated divorces. The Colorado Judicial Branch provides extensive self-help resources, including standardized forms and instructions, at no cost through their website. However, pro se representation carries risks when significant assets, retirement accounts, or complex custody arrangements are involved.
How Fault Allegations Are Handled in Colorado
Although Colorado does not permit fault-based divorce grounds, evidence of misconduct may still be relevant in limited circumstances. "Economic fault" or "marital waste" can affect property division when one spouse dissipates marital assets through gambling, excessive spending on an affair partner, or other financial misconduct. Under C.R.S. § 14-10-113(1), courts may consider the depletion of marital property when determining an equitable division.
Domestic violence allegations significantly impact parenting time determinations. Under C.R.S. § 14-10-124, when the court finds credible evidence of domestic violence, child abuse, or child neglect, safety considerations become paramount. Courts may impose supervised parenting time, require completion of treatment programs, or restrict a parent's contact with children based on violence findings.
Substance abuse and mental health issues, while not fault grounds for divorce, are relevant to custody determinations. Courts consider each parent's physical and mental health when allocating parental responsibilities. Evidence of substance abuse may result in restricted parenting time, supervised visits, or requirements for drug testing.
Frequently Asked Questions
What is the only ground for divorce in Colorado?
Colorado permits only one ground for divorce: that the marriage is "irretrievably broken" under C.R.S. § 14-10-106. This means the relationship has broken down with no prospect of reconciliation. Neither spouse must prove fault, adultery, cruelty, or any wrongdoing. If one spouse states under oath that the marriage is irretrievably broken, the court will generally accept this assertion, even if the other spouse disagrees.
Can my spouse contest a no-fault divorce in Colorado?
A spouse cannot prevent a divorce in Colorado by refusing to agree that the marriage is broken. Under C.R.S. § 14-10-110, if one party denies the marriage is irretrievably broken, the court may continue the matter for 35 to 63 days for further evaluation. However, if the petitioning spouse maintains their position, the court will ultimately find the marriage irretrievably broken and grant the divorce.
How long does a no-fault divorce take in Colorado?
The absolute minimum time for a Colorado divorce is 91 days due to the mandatory waiting period under C.R.S. § 14-10-106. Uncontested divorces typically finalize in 3 to 6 months. Contested divorces average 6 to 18 months, while high-conflict cases involving custody disputes or complex asset division may take 2 years or longer. Denver County processes the highest volume, with typical uncontested timelines of 4 to 7 months.
Does cheating affect divorce outcomes in Colorado?
Infidelity has no legal impact on property division, spousal maintenance, or the divorce itself in Colorado. As a purely no-fault state, courts do not consider marital misconduct when dividing assets or awarding maintenance. However, if one spouse spent significant marital funds on an extramarital affair (hotel rooms, gifts, travel), this "economic waste" may be considered when dividing the remaining marital estate.
How is property divided in a Colorado no-fault divorce?
Colorado uses equitable distribution under C.R.S. § 14-10-113, meaning courts divide marital property fairly but not necessarily equally. Factors include each spouse's contributions (including homemaker contributions), economic circumstances at the time of division, and whether one party should retain the family home for children's benefit. Fault is expressly excluded from property division considerations.
Can I get alimony in a Colorado no-fault divorce?
Spousal maintenance (Colorado's term for alimony) is available under C.R.S. § 14-10-114 based on financial need and ability to pay, not marital fault. For couples with combined income under $240,000 annually and marriages of at least 3 years, advisory guidelines calculate 40% of the higher earner's income minus 50% of the lower earner's income, capped at 40% of combined income.
What is the residency requirement for divorce in Colorado?
At least one spouse must have been domiciled in Colorado for a minimum of 91 days immediately before filing under C.R.S. § 14-10-106(1)(a)(III). Domicile means physical presence with the intent to make Colorado your permanent home. For child custody jurisdiction, children must have lived in Colorado for at least 182 days (6 months) or since birth.
How much does it cost to file for divorce in Colorado?
The filing fee for a divorce petition in Colorado is $230, with an additional $116 fee for the response. Service of process costs approximately $50-$75, and certified copies add $20-$50. Total court costs for an uncontested divorce without attorneys range from $300-$500. Attorney fees add $1,500-$5,000 for uncontested matters and $10,000-$30,000+ for contested divorces. Filing fees current as of January 2025.
Can I waive the 91-day waiting period in Colorado?
No. Colorado's 91-day waiting period is mandatory under C.R.S. § 14-10-106 with no exceptions. Even if both spouses agree on all terms, are represented by attorneys, and have urgent reasons to finalize quickly, the court cannot enter a divorce decree until 91 days have elapsed from filing and service. This "cooling-off" period applies to all divorces regardless of circumstances.
Does Colorado require separation before filing for divorce?
No. Colorado does not require spouses to live separately or maintain a period of separation before filing for divorce. Spouses may file for dissolution while still residing in the same household. However, they must establish at least 91 days of Colorado residency before filing, and the 91-day mandatory waiting period begins after the petition is filed and served.
Reviewed by: Antonio G. Jimenez, Esq., Florida Bar No. 21022
Last updated: March 2026
This guide provides general legal information about no-fault divorce in Colorado. It is not legal advice and does not create an attorney-client relationship. Colorado divorce laws and court procedures may change. For advice specific to your situation, consult with a licensed Colorado family law attorney.