Getting Divorced in Colorado: A Guide for Non-Lawyers
Colorado is a "no-fault" divorce state requiring at least one spouse to have been a resident for 91 days before filing, with a mandatory 91-day waiting period after filing before a divorce can be finalized. The state follows "equitable distribution" principles for dividing marital property, meaning assets are divided fairly but not necessarily equally based on various factors considered by the court.
Understanding Colorado's specific divorce laws can significantly impact your financial future and parental rights. Consulting with a family law attorney, even briefly, can help you avoid costly mistakes and protect your interests throughout the divorce process.
Key Considerations
Scenarios
Decisions
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Relevant Documents
Child Support Worksheet
This document calculates the appropriate amount of child support based on both parents' incomes, the custody arrangement, and other factors.
Final Decree of Divorce
This is the final court order that legally ends your marriage and includes all the terms of your divorce including property division, support, and child custody arrangements.
Financial Disclosure Declaration
Both spouses must complete this document detailing all assets, debts, income, and expenses to ensure fair division of property and appropriate support amounts.
Marital Settlement Agreement
This document outlines the terms of your divorce agreement including property division, debt allocation, spousal support, and child custody arrangements if applicable.
Parenting Plan
If you have children, this document details the custody arrangement, visitation schedule, and decision-making responsibilities for the children.
Qualified Domestic Relations Order (QDRO)
This document is necessary if you need to divide retirement accounts or pension benefits between spouses as part of the divorce settlement.
Response to Petition for Dissolution
If you're the responding spouse, this document allows you to answer the claims in the petition and state your own requests regarding the divorce terms.
Summons
This document notifies your spouse that a divorce action has been filed and that they have a certain amount of time to respond.
Wage Withholding Order
This document directs an employer to withhold child support or spousal support payments from a spouse's paycheck.
Relevant Laws
Colorado Revised Statutes § 14-10-106 - Dissolution of Marriage - Legal Separation
This statute establishes Colorado as a 'no-fault' divorce state, meaning you only need to state that the marriage is 'irretrievably broken' to file for divorce. Neither spouse needs to prove the other did something wrong to get divorced in Colorado.
Colorado Revised Statutes § 14-10-107 - Residency Requirements
At least one spouse must have been a resident of Colorado for at least 91 days before filing for divorce. This residency requirement must be met for Colorado courts to have jurisdiction over your divorce case.
Colorado Revised Statutes § 14-10-113 - Division of Marital Property
Colorado follows 'equitable distribution' principles for dividing marital property, which means property is divided fairly but not necessarily equally. The court considers factors such as each spouse's contribution to acquiring property, economic circumstances, and value of property set apart to each spouse.
Colorado Revised Statutes § 14-10-114 - Maintenance (Alimony)
This law provides guidelines for determining spousal maintenance (alimony) in Colorado. The court considers factors such as financial resources, time needed for education/employment, standard of living during marriage, and marriage duration when deciding maintenance amounts and duration.
Colorado Revised Statutes § 14-10-115 - Child Support Obligations
Colorado uses specific guidelines to calculate child support based on both parents' incomes, the number of children, and parenting time. This statute outlines how child support is determined and can be modified if circumstances change substantially.
Colorado Revised Statutes § 14-10-124 - Parenting Time and Decision-Making Responsibilities
This law guides how courts determine parenting time (custody) and decision-making responsibilities based on the best interests of the child. Colorado courts generally favor arrangements that allow children to have frequent and continuing contact with both parents when appropriate.
Colorado Revised Statutes § 14-10-120.3 - Dissolution of Marriage - Legal Separation - Waiting Period
Colorado has a mandatory 91-day waiting period between filing for divorce and when the court can issue a final decree. This means even if you and your spouse agree on everything, your divorce cannot be finalized until at least 91 days after the initial filing.
Regional Variances
Denver Metro Area
Denver County has specialized family law courts with dedicated judges for divorce cases. The county requires mandatory mediation before trial dates are set. Denver also has a unique 'Status Conference' requirement where parties must meet with a family court facilitator within 42 days of filing.
Arapahoe County requires financial disclosures to be filed within 42 days of service of the petition. They also have specific local forms for parenting plans that differ from other counties. Their Early Neutral Assessment program is highly recommended but optional.
Jefferson County has implemented a 'Resource Day' program where divorcing parties attend an informational session about the process. They also have stricter enforcement of financial disclosure deadlines than some other counties.
Mountain Communities
Eagle County has limited court days for family law matters, which can extend the timeline for divorce proceedings. They often handle cases via remote appearances due to mountain travel conditions, especially in winter months.
Summit County has unique considerations for high-value vacation properties and seasonal income that are common in this resort area. The court often requires more detailed financial disclosures for property division.
Front Range
Boulder County has a reputation for favoring equal parenting time arrangements when possible. They also have specialized procedures for high-conflict divorce cases, including appointment of special masters more frequently than other counties.
Larimer County requires parties to attend a co-parenting class earlier in the process than most counties. They also have specific local rules regarding temporary orders hearings that differ from other jurisdictions.
Suggested Compliance Checklist
Determine if you meet Colorado residency requirements
0 days after startingAt least one spouse must have been a resident of Colorado for at least 91 days before filing for divorce. Verify that you or your spouse meets this requirement before proceeding with any paperwork.
Gather important financial and personal documents
7 days after startingCollect documents including tax returns, pay stubs, bank statements, retirement account statements, property deeds, vehicle titles, insurance policies, and documentation of debts. These will be needed for financial disclosures and property division discussions.
Complete the Petition for Dissolution of Marriage
14 days after startingThis is the formal request to the court to dissolve your marriage. In Colorado, you can file either jointly with your spouse or individually. The petition must state that the marriage is 'irretrievably broken' as Colorado is a no-fault divorce state.
Prepare the Summons
14 days after startingIf you're filing individually (not jointly with your spouse), you'll need to prepare a summons to be served to your spouse. This document notifies your spouse of the divorce proceedings and provides information about their rights and responsibilities.
File initial documents with the court
21 days after startingFile the Petition and Summons (if applicable) with the District Court in the county where either you or your spouse resides. You'll need to pay a filing fee (approximately $230 as of 2023), though fee waivers are available for those who qualify based on financial need.
Serve divorce papers to your spouse
28 days after startingIf filing individually, you must legally serve the divorce papers to your spouse. This can be done through a private process server, the sheriff's department, or by certified mail with return receipt. The person must be at least 18 years old and not involved in the case. Personal service must be completed within 91 days of filing.
Respond to Petition (if you were served)
28 days after startingIf you were served divorce papers, you have 21 days to file a Response to the Petition (35 days if served outside Colorado). This document allows you to agree or disagree with statements in the petition and state your own requests to the court.
Complete mandatory Financial Disclosure Declaration
42 days after startingBoth spouses must complete and exchange Sworn Financial Statements within 42 days of service or filing. This comprehensive form details all assets, debts, income, and expenses. You must also exchange supporting documentation like tax returns, pay stubs, and account statements.
Attend Initial Status Conference
42 days after startingMost Colorado courts require an Initial Status Conference within 42 days of filing. Both parties must attend. The court will review the case, set deadlines, and may refer you to mediation. Check your court's specific requirements as procedures vary by county.
Develop a Parenting Plan (if you have children)
56 days after startingIf you have minor children, you must create a detailed Parenting Plan addressing custody (now called 'parental responsibilities' in Colorado), visitation schedules, decision-making authority, and communication between parents. Courts strongly prefer when parents can agree on this plan.
Complete Child Support Worksheet
56 days after startingColorado uses specific guidelines to calculate child support based on both parents' incomes, parenting time, and certain expenses like health insurance and childcare. Complete the worksheet using Colorado's child support calculator available on the state judicial website.
Attend parenting class
70 days after startingMost Colorado counties require divorcing parents to complete a parenting class called 'Parenting After Divorce' or similar. The class is typically 4-6 hours and can often be taken online. You must file the certificate of completion with the court.
Participate in mediation (if required)
84 days after startingMany Colorado courts require mediation before setting a contested hearing. Mediation involves working with a neutral third party to resolve disputes about property, debt, parenting time, or support. Some courts have low-cost mediation services available.
Draft Marital Settlement Agreement
91 days after startingThis document details how all marital property and debts will be divided. Colorado follows 'equitable distribution' principles, meaning property should be divided fairly but not necessarily equally. Consider factors like each spouse's economic circumstances, contributions to the marriage, and future needs.
Prepare Qualified Domestic Relations Order (QDRO) if needed
98 days after startingIf retirement accounts will be divided, you'll likely need a QDRO. This specialized court order instructs retirement plan administrators how to divide accounts. Consider hiring a specialized attorney for this as mistakes can be costly and difficult to correct later.
Attend final hearing
112 days after startingIf all issues are resolved (uncontested divorce), this may be a brief procedural hearing. If issues remain contested, prepare for a more formal hearing where evidence and testimony will be presented. The judge will make final decisions on any unresolved issues.
Review Final Decree of Divorce
119 days after startingThe Final Decree officially ends your marriage and incorporates all agreements and court orders regarding property, support, and parenting arrangements. Review it carefully before signing to ensure it accurately reflects all agreements and court decisions.
Set up Wage Withholding Order (if applicable)
126 days after startingIf child support or maintenance (alimony) is ordered, Colorado typically requires automatic wage withholding. This document directs an employer to withhold support payments directly from the paying spouse's wages and send them to the Family Support Registry.
Update personal records and accounts
140 days after startingAfter the divorce is finalized, update your name (if changed), beneficiary designations, wills, powers of attorney, and other legal documents. Notify relevant institutions about your divorce and any name change, including Social Security Administration, DMV, banks, creditors, insurance companies, and employers.
Implement property division
170 days after startingFollow through with transferring titles, deeds, and accounts as specified in your divorce decree. This may include refinancing mortgages, transferring vehicle titles, closing joint accounts, and dividing personal property. Keep records of all transfers and transactions.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Determine if you meet Colorado residency requirements | At least one spouse must have been a resident of Colorado for at least 91 days before filing for divorce. Verify that you or your spouse meets this requirement before proceeding with any paperwork. | - | 0 |
| Gather important financial and personal documents | Collect documents including tax returns, pay stubs, bank statements, retirement account statements, property deeds, vehicle titles, insurance policies, and documentation of debts. These will be needed for financial disclosures and property division discussions. | - | 7 |
| Complete the Petition for Dissolution of Marriage | This is the formal request to the court to dissolve your marriage. In Colorado, you can file either jointly with your spouse or individually. The petition must state that the marriage is 'irretrievably broken' as Colorado is a no-fault divorce state. | Petition for Dissolution of Marriage | 14 |
| Prepare the Summons | If you're filing individually (not jointly with your spouse), you'll need to prepare a summons to be served to your spouse. This document notifies your spouse of the divorce proceedings and provides information about their rights and responsibilities. | Summons | 14 |
| File initial documents with the court | File the Petition and Summons (if applicable) with the District Court in the county where either you or your spouse resides. You'll need to pay a filing fee (approximately $230 as of 2023), though fee waivers are available for those who qualify based on financial need. | - | 21 |
| Serve divorce papers to your spouse | If filing individually, you must legally serve the divorce papers to your spouse. This can be done through a private process server, the sheriff's department, or by certified mail with return receipt. The person must be at least 18 years old and not involved in the case. Personal service must be completed within 91 days of filing. | - | 28 |
| Respond to Petition (if you were served) | If you were served divorce papers, you have 21 days to file a Response to the Petition (35 days if served outside Colorado). This document allows you to agree or disagree with statements in the petition and state your own requests to the court. | Response to Petition for Dissolution | 28 |
| Complete mandatory Financial Disclosure Declaration | Both spouses must complete and exchange Sworn Financial Statements within 42 days of service or filing. This comprehensive form details all assets, debts, income, and expenses. You must also exchange supporting documentation like tax returns, pay stubs, and account statements. | Financial Disclosure Declaration | 42 |
| Attend Initial Status Conference | Most Colorado courts require an Initial Status Conference within 42 days of filing. Both parties must attend. The court will review the case, set deadlines, and may refer you to mediation. Check your court's specific requirements as procedures vary by county. | - | 42 |
| Develop a Parenting Plan (if you have children) | If you have minor children, you must create a detailed Parenting Plan addressing custody (now called 'parental responsibilities' in Colorado), visitation schedules, decision-making authority, and communication between parents. Courts strongly prefer when parents can agree on this plan. | Parenting Plan | 56 |
| Complete Child Support Worksheet | Colorado uses specific guidelines to calculate child support based on both parents' incomes, parenting time, and certain expenses like health insurance and childcare. Complete the worksheet using Colorado's child support calculator available on the state judicial website. | Child Support Worksheet | 56 |
| Attend parenting class | Most Colorado counties require divorcing parents to complete a parenting class called 'Parenting After Divorce' or similar. The class is typically 4-6 hours and can often be taken online. You must file the certificate of completion with the court. | - | 70 |
| Participate in mediation (if required) | Many Colorado courts require mediation before setting a contested hearing. Mediation involves working with a neutral third party to resolve disputes about property, debt, parenting time, or support. Some courts have low-cost mediation services available. | - | 84 |
| Draft Marital Settlement Agreement | This document details how all marital property and debts will be divided. Colorado follows 'equitable distribution' principles, meaning property should be divided fairly but not necessarily equally. Consider factors like each spouse's economic circumstances, contributions to the marriage, and future needs. | Marital Settlement Agreement | 91 |
| Prepare Qualified Domestic Relations Order (QDRO) if needed | If retirement accounts will be divided, you'll likely need a QDRO. This specialized court order instructs retirement plan administrators how to divide accounts. Consider hiring a specialized attorney for this as mistakes can be costly and difficult to correct later. | Qualified Domestic Relations Order (QDRO) | 98 |
| Attend final hearing | If all issues are resolved (uncontested divorce), this may be a brief procedural hearing. If issues remain contested, prepare for a more formal hearing where evidence and testimony will be presented. The judge will make final decisions on any unresolved issues. | - | 112 |
| Review Final Decree of Divorce | The Final Decree officially ends your marriage and incorporates all agreements and court orders regarding property, support, and parenting arrangements. Review it carefully before signing to ensure it accurately reflects all agreements and court decisions. | Final Decree of Divorce | 119 |
| Set up Wage Withholding Order (if applicable) | If child support or maintenance (alimony) is ordered, Colorado typically requires automatic wage withholding. This document directs an employer to withhold support payments directly from the paying spouse's wages and send them to the Family Support Registry. | Wage Withholding Order | 126 |
| Update personal records and accounts | After the divorce is finalized, update your name (if changed), beneficiary designations, wills, powers of attorney, and other legal documents. Notify relevant institutions about your divorce and any name change, including Social Security Administration, DMV, banks, creditors, insurance companies, and employers. | - | 140 |
| Implement property division | Follow through with transferring titles, deeds, and accounts as specified in your divorce decree. This may include refinancing mortgages, transferring vehicle titles, closing joint accounts, and dividing personal property. Keep records of all transfers and transactions. | - | 170 |
Frequently Asked Questions
In Colorado, either you or your spouse must have been a resident of the state for at least 91 days (approximately 3 months) before filing for divorce. This residency requirement must be met before the court will accept your divorce petition.
Yes, Colorado is a 'no-fault' divorce state. This means you don't need to prove that your spouse did something wrong to get divorced. The only grounds for divorce in Colorado is that the marriage is 'irretrievably broken,' which means there's no reasonable chance of reconciliation.
Colorado follows 'equitable distribution' laws, which means marital property is divided fairly but not necessarily equally. The court considers factors such as each spouse's economic circumstances, contributions to the marriage (including as a homemaker), and the value of property set aside to each spouse. Separate property (acquired before marriage or by gift/inheritance) typically remains with the original owner.
Colorado uses the term 'parental responsibilities' instead of custody. Courts determine parenting time and decision-making responsibilities based on the best interests of the child. Factors include the child's relationship with each parent, the ability of parents to cooperate, the child's adjustment to home and school, and the mental and physical health of all parties involved.
Colorado uses a formula called the 'Income Shares Model' to calculate child support. This considers both parents' incomes, the number of children, parenting time, childcare costs, health insurance expenses, and other factors. The Colorado Child Support Guidelines provide a specific calculation worksheet that must be completed during divorce proceedings.
Colorado has a mandatory 91-day waiting period from the date of filing or service (whichever is later) before a divorce can be finalized. Simple, uncontested divorces might be completed shortly after this waiting period. However, contested divorces involving complex property division, child custody disputes, or other issues can take several months to over a year to resolve.
While you're not legally required to have a lawyer, it's often advisable, especially for complex situations involving children, significant assets, or disputes. Colorado courts do allow self-representation (pro se), and the state provides forms and resources for those who choose this route. Consider at least consulting with an attorney to understand your rights and options, even if you don't retain one for full representation.
Legal separation in Colorado allows couples to live apart and formalize arrangements regarding property, support, and parenting responsibilities while remaining legally married. Unlike divorce, legal separation doesn't terminate the marriage, so neither spouse can remarry. The process is similar to divorce, requiring the same 91-day waiting period. Legal separation can be converted to divorce later, or couples can reconcile and terminate the separation.
Yes, Colorado courts may award spousal maintenance (alimony) based on factors including the length of the marriage, each spouse's financial resources, age, health, and standard of living during the marriage. For marriages lasting at least 3 years, Colorado has advisory guidelines suggesting the amount and duration of maintenance. However, judges have discretion to deviate from these guidelines based on individual circumstances.
To start a divorce in Colorado, file a 'Petition for Dissolution of Marriage' with your district court. You'll need to pay a filing fee (approximately $230, though fee waivers are available for those who qualify). If you and your spouse agree on all issues, you can file jointly. Otherwise, after filing, you must serve your spouse with the divorce papers. Once served, your spouse has 21 days (35 if served out of state) to respond to your petition.