Divorce Laws In Colorado
If you’re thinking about divorce in Colorado, you’re probably wondering how the whole thing actually works. Colorado is strictly a no fault state, which means the only ground for divorce is that the marriage is “irretrievably broken,” and you don’t need to prove your spouse committed adultery, abandonment, cruelty, or any other wrongdoing. Basically the state makes it simpler by not making you blame anyone for what went wrong.
Trust me on this, understanding the basics now will save you so much stress later.
What Makes Colorado Different from Other States
Colorado is only one of 18 states that do not consider the reason for divorce, nor give credit or weight to either party based on the cited reason for divorce. Most other states let you file for no fault divorce but still put weight on things like cheating or abuse. Not here though.
Honestly this approach keeps things way less messy. You just need to say the marriage isn’t working anymore. The “irretrievably broken” standard requires only that at least one spouse believes the marriage cannot be saved.
Wondering if this makes the process faster? It definitely can if both people cooperate.
The 91 Day Rule You Need to Know About
You or your spouse must have lived in Colorado for at least 91 days before you can file a divorce case in Colorado. This residency requirement exists to prevent something called forum shopping, where people jump from state to state looking for better divorce laws.
Here’s the thing though. Even after you file, there’s another 91 day wait. Colorado imposes a waiting period of 91 days, which means your divorce cannot be finalized until at least 91 days have passed since your divorce petition was filed.
Yep, it’s basically a cooling off period. Super frustrating when you just want it done. But this mandatory period gives couples time to reconsider or negotiate agreements before the divorce is finalized, and can help reduce impulsive decisions.
Real talk, use this time to get your finances organized and think through custody arrangements if you have kids.
How Property Gets Divided
Colorado is governed by equitable distribution, which means that all marital property is divided fairly among two divorcing spouses, but it does not mean the division will be a 50/50 split. Fair doesn’t always mean equal in the eyes of the court.
So what counts as marital property? Only marital property is considered for equitable division, which is generally all assets acquired during the marriage except inheritances or gifts given to one spouse that have not been commingled with marital assets.
Quick tip here. If you got money as a gift and put it in a joint account, that’s commingling. If a spouse receives a lump sum of cash as a gift and deposits it into a joint bank account, this could be considered commingling. Now it might be considered marital property.
Pretty much anything you bought together during the marriage gets divided. Houses, cars, retirement accounts, even debt.
| Property Type | How It’s Treated | What You Should Know |
|---|---|---|
| Marital Property | Divided equitably | Everything acquired during marriage |
| Separate Property | Stays with owner | Gifts and inheritance not mixed with marital funds |
| Commingled Assets | May become marital | Separate property mixed with joint accounts |
| Retirement Accounts | Divided equitably | Only the portion earned during marriage |
What About Spousal Support
Colorado law provides for alimony, sometimes called spousal support or spousal maintenance, and it will only be awarded if a judge finds that one spouse cannot financially support themselves after the marriage. It’s not automatic in every divorce.
Courts generally only award spousal support in marriages lasting three years or more. Short marriages usually don’t qualify unless there are really unusual circumstances.
The point isn’t to punish anyone. It’s basically to help the lower earning spouse get back on their feet. Sometimes it’s temporary just during the transition period. Sometimes it lasts longer depending on how long you were married and the financial situation.
You’re not alone in wondering how much it’ll be. The court looks at both people’s incomes, their financial needs, and what’s reasonable for both sides.
Child Custody and Parenting Time
Colorado family law does not side with one spouse or the other in terms of child custody and support and instead views each parent as equal, and family courts encourage both parents to have as much parenting time as possible with children. Sole custody is almost never granted anymore.
Wait, there’s more. Children must have lived in Colorado for at least 182 days or since birth before Colorado courts can decide custody issues. That’s six months basically.
Parents divorcing in Colorado must often attend educational programs to learn about co parenting and minimizing the impact of divorce on children. Most counties require this and honestly it’s actually helpful.
The courts want both parents involved. They focus on what’s best for the kids, not what’s convenient for the adults. Totally makes sense when you think about it.
The Actual Filing Process Step by Step
First you need to meet that 91 day residency requirement we talked about. Then you file a petition for dissolution of marriage with the court in your county. You’ll pay filing fees which vary by county but expect a few hundred dollars.
Next your spouse has to be officially notified. You must file divorce papers and have copies sent to your spouse through service of process. They get a chance to respond.
If your spouse does not disagree with anything, he should sign the papers and send them back, which is called an “uncontested divorce,” or if a certain period of time passes and your spouse does not sign the papers or file any papers of his own, you may be able to proceed with the divorce as an uncontested divorce anyway.
Hold on though. If your spouse disagrees with stuff, you’ve got a contested divorce. This is called “contesting the divorce,” and in this case, you will have to attend a series of court appearances to sort the issues out.
Pro move here is to try mediation first. Way cheaper and faster than going to trial.
What You Have to Disclose
By law, spouses are required to disclose assets as part of the divorce process, and each spouse must disclose to the other the amount and type of assets they have so there can be an equitable division of those assets. You can’t hide stuff.
Disclosures must include all bank account information, titles and deeds, retirement account statements, tax returns, pay stubs or income information and debt information. Basically everything financial.
Each spouse must submit this information under the penalty of perjury, which means that each spouse swears under oath that the information is complete and true, and if a spouse lies about their assets, then they may be liable for both criminal and civil penalties.
Seriously don’t try to hide assets. The consequences aren’t worth it and judges really don’t like it when people lie.
Health Insurance After Divorce
If you are covered under a spouse’s healthcare plan in Colorado, when you get a divorce your healthcare coverage will end, and you will need to get coverage from another source. This catches a lot of people off guard.
You’ve got options though. You may be able to negotiate a spouse paying for health insurance as part of spousal support. Or you can look into COBRA which lets you continue the same coverage for up to three years if you pay the premiums yourself.
If children are involved, then any child support will need to include health insurance coverage for children, either by one or both of the parents’ contributions, and this will need to be worked out as part of the settlement agreement.
Most people don’t realize this until it’s too late. Start thinking about your health insurance situation early in the process.
Contested vs Uncontested Divorce
An uncontested divorce is when you both agree on everything. Property division, custody, support, all of it. These go way faster and cost way less. You still have to wait the 91 days but there’s no fighting in court.
A contested divorce means you disagree on major issues. Maybe one person wants to keep the house. Maybe you can’t agree on custody schedules. These take longer and cost more because you need court hearings and maybe even a trial.
Here’s what most people don’t realize. You’ll want to settle your case by agreement because you have some semblance of control, but once your case is in the judge’s hands at trial, you may testify, present other evidence, and argue your view of the case, but the judge will determine the outcome.
Basically you lose control when a judge decides for you. They might split things in ways neither of you wanted.
Special Situations You Should Know About
Colorado recognizes common law marriage. Common law couples must follow the same divorce procedures as formally married couples. So if you’ve been living together and holding yourselves out as married, you can’t just walk away without a legal divorce.
Legal separation is another option. At the end of the separation process, parties will receive a separation agreement instead of a divorce decree, and a legal separation can be converted into a dissolution of marriage at a later date. Some people choose this for religious reasons or to keep health insurance benefits.
Annulments are super rare. Annulment, known as a declaration of invalidity in Colorado, is granted under specific conditions including incapacity where one party was unable to consent to the marriage, fraud or duress where one party was forced or deceived into the marriage, prohibited marriages involving incest or bigamy, or underage marriage where one party was underage without proper consent.
Curious what works best for your situation? Talk to a lawyer who can explain the differences and help you figure out the right path.
How Long Does the Whole Thing Take
The absolute minimum is 91 days because of that mandatory waiting period. But that’s only if everything goes perfectly and you agree on everything from day one. Most divorces take longer.
Uncontested divorces where you agree on everything usually wrap up in three to six months. You file, wait the 91 days, finalize paperwork, done.
Contested divorces can take a year or more. If you go to trial, add even more time. The more you fight about, the longer it takes and the more it costs.
Honestly the timeline depends mostly on how well you and your spouse can communicate and compromise. The courts are also pretty backed up in most counties which adds delays.
- File your petition for dissolution of marriage
- Serve divorce papers to your spouse officially
- Wait for your spouse to respond within the required timeframe
- Exchange financial disclosures and complete required paperwork
- Negotiate settlement terms or attend mediation sessions
- Wait out the mandatory 91 day period from service date
- Finalize your divorce decree with the court
What About Divorce Costs
Filing fees in Colorado vary by county but typically run between 200 to 300 dollars. That’s just to file the paperwork. It doesn’t include attorney fees or other costs.
If you hire a lawyer, expect to pay anywhere from 2,000 to 15,000 dollars or more depending on how complicated your case is. Contested divorces with lots of assets or custody battles cost way more than simple uncontested ones.
You can file without a lawyer if your divorce is really simple. No kids, no property, no debt. The court has self help resources. But most people benefit from at least a consultation with an attorney to understand their rights.
Some people qualify for fee waivers if they can’t afford the filing costs. You have to prove financial hardship but it’s definitely worth looking into if money is tight.
Do You Really Need a Lawyer
One way to make the divorce process easier is to hire an experienced Colorado divorce lawyer who not only knows the divorce laws in Colorado but also knows how to navigate the family courts. They’ve seen it all before.
If your spouse hires a divorce attorney, you should consider doing the same, because an unrepresented party often feels disadvantaged when the other party has counsel. You don’t want to be the only one without legal help.
For really simple cases you might be fine on your own. But if there’s property to divide, kids involved, or any disagreements, get a lawyer. Even just a few hours of legal advice can save you from making expensive mistakes.
Most attorneys offer free consultations. Take advantage of that. Ask questions. Figure out if you need full representation or just some guidance.
Final Thoughts
Divorce in Colorado is designed to be as fair and straightforward as possible with the no fault approach. You don’t have to prove anyone did anything wrong. You just need to show the marriage is broken and can’t be fixed.
The 91 day waiting period feels long when you’re going through it but use that time wisely. Get your finances in order. Think about what you really want and need. Try to work things out with your spouse if possible because settling is almost always better than fighting in court.
Remember that in 2021, the state reported a divorce rate of 3.0 per 1,000 inhabitants, aligning with national trends of declining divorce rates. You’re definitely not alone in this. Tons of people go through divorce and come out okay on the other side.
You’ve got this. Take it one step at a time and don’t be afraid to ask for help when you need it.
Frequently Asked Questions
How long do you have to live in Colorado before you can file for divorce?
To file for divorce in Colorado, you or your spouse must have been a resident of Colorado for at least 91 days immediately before the filing for the divorce. Only one of you needs to meet this requirement, not both. This prevents people from state hopping to find easier divorce laws.
Can I get a divorce in Colorado if my spouse doesn’t want one?
Yes you totally can. The “irretrievably broken” standard requires only that at least one spouse believes the marriage cannot be saved, and courts don’t investigate why the marriage failed or assign responsibility for the breakdown. Your spouse can’t stop you from getting divorced if you want one.
Will I get half of everything in my Colorado divorce?
Not necessarily. Colorado is governed by equitable distribution, which means that all marital property is divided fairly among two divorcing spouses, but it does not mean the division will be a 50/50 split. Fair means the court considers lots of factors, not just splitting everything down the middle.
Does cheating affect divorce in Colorado?
Nope. Colorado is only one of 18 states that do not consider the reason for divorce, nor give credit or weight to either party based on the cited reason for divorce, and despite the reason of divorce, “equitable distribution” practices will be followed. Infidelity doesn’t matter in how property gets divided or custody decisions.
How quickly can I get divorced in Colorado?
Colorado imposes a waiting period of 91 days, which means your divorce cannot be finalized until at least 91 days have passed since your divorce petition was filed. That’s the absolute minimum. Most divorces take three to six months for uncontested cases and a year or more if you’re fighting about stuff.