Colorado Revised Statutes Title 14 - Domestic Matters

Colorado is a no-fault divorce state. The only ground for dissolution is that the marriage is 'irretrievably broken.' Either spouse can file without proving fault such as adultery or cruelty. Mental incapacity of a spouse for at least 3 years is not a separate ground — irretrievable breakdown is the sole basis. The court also requires a 91-day residency and a 91-day waiting period after jurisdiction is obtained before entering the decree.

Effective: 2024

If one spouse denies the marriage is irretrievably broken, the court may continue the case for 30 to 60 days and suggest counseling. If both spouses state the marriage is irretrievably broken, or if one states it and the other does not deny it, the court makes the finding. The court may not force reconciliation, but has discretion to order a cooling-off period before proceeding.

Effective: 2024

A dissolution case begins when one or both spouses file a Petition for Dissolution of Marriage in district court. Upon filing and service, an automatic temporary injunction takes effect against both parties, prohibiting transfer of marital property, removal of children from Colorado, and cancellation of insurance without written consent or court order. These restrictions remain until the final decree or dismissal.

Effective: 2024

Colorado is an equitable distribution state — the court divides marital property fairly, not necessarily equally. The court considers four factors: each spouse's contribution to acquiring the property (including homemaker contributions), the value of property set apart to each spouse, the economic circumstances of each spouse, and any increase or decrease in separate property value during the marriage. Marital fault is not a factor in property division.

Effective: 2024

Marital property includes all property acquired by either spouse during the marriage, except property received by gift, inheritance, or bequest; property acquired in exchange for pre-marital or gifted property; and property acquired after a decree of legal separation. Appreciation on separate property during the marriage is considered marital property. Gifts between spouses are presumed marital unless rebutted by clear and convincing evidence.

Effective: 2024

Property is valued as of the date of the decree or the date of the property disposition hearing if it precedes the decree. The court has broad discretion to divide debts and assets, including retirement accounts and business interests. Colorado courts may also consider whether a mandatory protection order was entered against a spouse within 5 years (added by 2025 HB25-1116) when dividing property.

Effective: 2025

The court allocates parenting time and decision-making responsibility based on the child's best interests. Key factors include: the wishes of both parents and the child (if sufficiently mature), the child's relationships with parents and siblings, adjustment to home and school, mental and physical health of all parties, each parent's ability to encourage the child's relationship with the other parent, the pattern of past parental involvement, and proximity of the parties' homes. The court may not presume either parent is better based on gender.

Effective: 2024

Decision-making responsibility covers major life decisions including education, medical treatment, and religious upbringing. The court prefers joint (mutual) decision-making unless a parent has committed child abuse or neglect. Even with joint decision-making, the court may allocate specific areas to one parent. Either parent may obtain emergency medical treatment regardless of the allocation. The court considers each party's ability to cooperate and make decisions jointly.

Effective: 2024

A parent intending to relocate with the child must provide written notice to the other parent as soon as practicable, including the new location, reason, and a proposed revised parenting plan. The court considers the reasons for and against relocation, the quality of each parent's relationship with the child, educational opportunities at both locations, and the presence of extended family. Both parents share equally in the burden of proof. Relocation hearings receive priority on the court's docket.

Effective: 2024

When a court finds by a preponderance of evidence that a parent has committed domestic violence, child abuse, or sexual assault resulting in conception, the court must consider the safety and well-being of the child and the abused party as the primary concern. Coercive control — defined as a pattern of threatening, humiliating, or intimidating actions — is a recognized factor. A protective parent's actions to shield a child from witnessing domestic violence cannot be held against them.

Effective: 2024

Colorado uses an income shares model that combines both parents' gross incomes, then applies a schedule of basic obligations based on the number of children. Worksheet A applies when one parent has fewer than 92 overnights per year (sole physical care); Worksheet B applies when both parents have 92 or more overnights (shared care). Adjustments are made for childcare costs, health insurance, and extraordinary medical expenses exceeding $250 per child per year. A low-income adjustment applies when the lower-earning parent's income is below $1,500/month.

Effective: 2024

Child support may be modified upon a showing of a substantial and continuing change of circumstances. If applying the guidelines would result in a new order less than 10% different from the existing order, the change is not considered substantial. Either parent may file for modification. The statute ensures child support keeps pace with significant income changes or changes in the child's needs.

Effective: 2024

Colorado provides advisory (not presumptive) guidelines for spousal maintenance when combined monthly income is $240,000/year or less and the marriage lasted at least 36 months. The formula: 40% of the higher earner's monthly adjusted gross income minus 50% of the lower earner's income, with a cap so the recipient doesn't receive more than 40% of combined income. A 75%-80% multiplier adjusts for non-taxable treatment (post-2019 decrees). Duration ranges from 31% of the marriage length for shorter marriages up to 50% for marriages over 12.5 years. For marriages over 20 years, the court may award indefinite maintenance.

Effective: 2024

Maintenance may be modified if there is a substantial and continuing change of circumstances, unless the parties agreed to non-modifiable maintenance. Maintenance terminates upon the death of either party, the recipient's remarriage, or the end of the specified term. The court makes maintenance awards 'without regard to marital misconduct' — fault is explicitly excluded from consideration. For combined incomes above $240,000/year, the court has full discretion with no advisory formula.

Effective: 2024

Colorado has two 91-day requirements that must both be met: (1) at least one spouse must be domiciled in Colorado for 91 days before filing, and (2) at least 91 days must pass after the court acquires jurisdiction over the respondent (through service, waiver, or joint filing) before the decree can be entered. These requirements are mandatory with no exceptions — even a fully agreed-upon divorce cannot be finalized before day 91.

Effective: 2024

The court may issue temporary orders for maintenance, child support, parenting time, attorney fees, and exclusive use of the family home during the divorce. Temporary orders remain in effect until the final decree. Either party may also request a temporary protection order. The court can require temporary payments to maintain the status quo and prevent financial hardship while the case is pending.

Effective: 2024

Colorado allows certain divorces to be finalized without a court hearing. If the spouses agree on all terms (property, support, parenting), they may submit their agreement and supporting affidavits to the court. The judge reviews the paperwork and, if everything is in order, enters the decree — provided at least 91 days have passed since filing or service. This streamlined process avoids the need for a formal court appearance.

Effective: 2024

Spouses may enter a written separation agreement covering property division, maintenance, and parental responsibilities. The court reviews the agreement for fairness — if it finds a property or maintenance term is unconscionable, it may request revisions. Terms regarding parenting are reviewed under the best interests standard. Once incorporated into the decree, the agreement becomes a binding court order. The court may not change the agreement's property terms without both parties' consent.

Effective: 2024

Colorado courts routinely require mediation before a contested hearing on parenting issues. Parties must participate in good faith in at least one mediation session with a neutral mediator. If the parties cannot agree on a mediator, the court's Office of Dispute Resolution provides one. Mediation is not binding — neither party can be forced to agree — but any agreements reached are typically memorialized in a written Memorandum of Understanding.

Effective: 2024

Any person who is a victim of domestic violence, stalking, or sexual assault may obtain a civil protection order. A judge may issue a temporary order immediately upon verified complaint; a permanent order may be issued after a hearing and lasts indefinitely. The respondent must surrender firearms if the order involves threatened or actual physical force. Protection order provisions concerning children expire after 120 days — the victim must file for custody in district court for permanent arrangements.

Effective: 2024

Colorado adopted the UPMAA effective July 1, 2014, governing prenuptial and postnuptial agreements. Agreements must be in writing and signed by both parties with reasonable financial disclosure. They may address property division and spousal maintenance but cannot waive child support. Under §14-2-309, a maintenance provision is unenforceable if unconscionable at the time of enforcement. If a party lacked independent counsel, the agreement must clearly explain the rights being waived.

Effective: 2024

Either party to a dissolution or legal separation may request restoration of a former name at any time after the decree is entered. The request is made by ex parte motion — no notice to the other party is required, and no background check or publication is needed. The only requirement is a sworn statement that the name change is not detrimental to any person. If filed within 60 days of the decree, there is no filing fee; after 60 days, the fee is $105.

Effective: 2024

Colorado authorizes collaborative divorce, where each spouse retains an attorney who agrees not to represent them in court litigation. The parties, attorneys, and any agreed-upon professionals (financial advisors, child specialists) work together to negotiate a settlement. If collaboration fails and the case goes to trial, both collaborative attorneys must withdraw and the parties must hire new counsel. This statutory framework provides legal protection for communications made during the collaborative process.

Effective: 2024

The court may appoint a parenting coordinator to help parents resolve ongoing disputes about parenting time and decision-making without returning to court. Parenting coordinators can make binding recommendations on minor disputes within the scope of the existing parenting plan. This role is commonly used in high-conflict cases where parents struggle to communicate effectively about day-to-day parenting decisions.

Effective: 2024

Court personnel and any neutral professional appointed to express opinions in parenting cases must have demonstrated expertise in domestic violence and child abuse. This statute ensures that evaluators, mediators, and other court-appointed professionals can properly identify and assess domestic violence dynamics. Training must improve the courts' ability to recognize abuse patterns including coercive control in custody proceedings.

Effective: 2024