How Divorce Works in Colorado
Colorado is a no-fault divorce state, meaning neither spouse must prove wrongdoing. The process centers on irreconcilable differences and a mandatory separation agreement. Unlike some states, Colorado requires a physical separation for at least 91 days before the court can finalize the divorce. The entire timeline typically runs from 4 to 12 months, depending on complexity and whether the case is contested.
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Filing and Initial Steps
One spouse files a Petition for Dissolution of Marriage in the district court of the county where either party has lived for at least 91 days. The filing fee varies by county but generally ranges from $200 to $300. After filing, the petitioner must serve the other spouse, who has 21 days to respond if served in Colorado or 30 days if served out of state.
The 91-Day Waiting Period
Colorado law requires a 91-day waiting period from the date of service before a divorce can be finalized. This cooling-off period applies even if both spouses agree on all terms. The clock starts when the respondent is served, not when the petition is filed. In practice, this means the fastest an uncontested divorce can conclude is just over three months.
Property Division and Spousal Maintenance
Colorado is an equitable distribution state, so marital property is divided fairly but not necessarily equally. The court considers the length of the marriage, each spouse's financial resources, and contributions to the household. Spousal maintenance (alimony) is awarded based on need and the paying spouse's ability to pay. Temporary maintenance guidelines provide a formula courts often use during the case.
Child Custody and Support
Colorado courts decide custody based on the best interests of the child. Legal custody involves decision-making, while physical custody determines where the child lives. Child support follows Colorado's income shares model, which uses both parents' incomes and the number of overnights each parent has. The court uses the Child Support Guidelines worksheet to calculate the amount.
When to Hire a Lawyer
Uncontested divorces with no children and simple property can often be handled without an attorney, but consulting one is wise. Contested cases involving complex assets, businesses, or disputed custody almost always require legal representation. A Colorado family law attorney can protect your rights and ensure paperwork is filed correctly.
Finalizing the Divorce
Once the 91-day waiting period passes and all agreements are in place, the court schedules a hearing or reviews submitted documents. If the judge approves, a decree of dissolution is entered. The divorce is final once the decree is signed and filed. Both parties should keep certified copies for updating records like insurance, benefits, and estate documents.