Divorce Laws In Colorado
Getting divorced in Colorado is actually pretty straightforward compared to other states. Colorado is a no fault divorce state, meaning that the only requirement for divorce is that the marriage is irretrievably broken. You don’t have to prove anything bad happened or point fingers at anyone.
Trust me on this one.
The Basic Requirements to File for Divorce in Colorado
Before you can even start the divorce process, you need to meet some basic requirements. You or your spouse must have lived in Colorado for at least 91 days before you can file a divorce case in Colorado. That’s just three months basically.
Pretty simple right.
Colorado law states you must live in the state for at least 91 days and intend to remain indefinitely before filing for divorce proceedings. The court needs to know you’re actually a resident and not just passing through.
Wondering if you qualify yet.
The 91 Day Waiting Period You Need to Know About
Here’s the thing about Colorado divorce timelines. Once you have filed for divorce, there is a 91 day waiting period before Colorado allows you to divorce. If you and your ex come to a full agreement outside of court, you can be divorced on the 92nd day. Sounds quick.
Hold on though.
You shouldn’t expect to be divorced in 92 days. Your divorce is likely to take 6 months or more. Most divorces take way longer because there’s stuff to figure out. Property division takes time. Custody arrangements need work.
You’re not alone if this feels overwhelming.
How the No Fault Divorce System Actually Works
Colorado is a no fault divorce state, meaning that the only requirement for divorce is that the marriage is irretrievably broken. You do not need to cite reasons or prove anything like infidelity, domestic violence, or desertion. This makes things so much easier honestly.
No blame game needed.
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. The court doesn’t care who did what or why things fell apart. They just need to know the marriage isn’t working anymore.
Most people find this approach way less stressful.
What Happens with Property and Asset Division
Colorado uses something called equitable distribution for dividing property. Colorado is an equitable distribution state where marital assets are divided between spouses according to what’s equitable or fair. This doesn’t always mean splitting property into equal halves. Fair doesn’t always mean fifty fifty.
Real talk.
The court looks at tons of factors when dividing stuff. How long you were married matters. Your income matters. What each person contributed to the marriage matters. The judge tries to make sure nobody gets completely screwed in the process.
Not sure how this applies to your situation.
| Asset Type | How It’s Treated | Important Notes |
|---|---|---|
| Marital Property | Divided equitably between spouses | Includes anything acquired during marriage |
| Separate Property | Stays with original owner | Property owned before marriage or inherited |
| Retirement Accounts | Divided based on contributions during marriage | May require special court orders |
| Family Home | Sold or awarded to one spouse | Often the biggest asset to divide |
Child Custody and Parenting Time Rules
If you have minor children with your spouse, you’ll need to determine custody during the divorce process. In Colorado, the term allocation of parental responsibility is used instead of custody. They call it APR for short.
Basically it covers two main things.
The Court generally favors joint responsibility, as it is considered to be in the child’s best interest in most cases. Colorado really wants both parents involved. Colorado family courts encourage both parents to have as much parenting time as possible with children and sole custody is almost never granted. They believe kids need both parents.
This is totally normal nowadays.
Children must have lived in Colorado for at least 182 days or since birth. That’s about six months for the court to have jurisdiction over custody matters.
Understanding Spousal Maintenance and Alimony
Alimony in Colorado is called spousal maintenance. Length of marriage is a key factor in determining the amount of spousal maintenance alimony and how long it lasts in Colorado. The longer you were married, the more likely maintenance will be awarded.
Here’s how it works.
State law has recommended formulas for calculating alimony amount if the marriage lasted at least three years. If alimony payment is taxable, the formula is 40 percent of both parties’ combined adjusted gross incomes, minus the lower earning spouse’s adjusted gross income. There’s also a different calculation if it’s nontaxable.
Quick tip though.
These formulas are only recommended guidelines, which means judges can decide whether or not to use them. The judge has a lot of discretion here. They look at your financial resources, your reasonable needs, and how the marriage affected your earning ability.
Honestly this varies case by case.
The Step by Step Divorce Process
To start the divorce process, you must file a divorce petition with the court and have your spouse either sign a waiver of service or be served divorce papers by a process server. The party being served, the Respondent, has 21 days to file a response to the petition. That’s less than a month to respond.
Then what happens.
You can both file together as co petitioners. This option works great if you’re both on the same page. It’s easier and cheaper to file a case with your spouse. Way less drama too.
Pro move right there.
- File the divorce petition with your local county court
- Serve your spouse or have them sign a waiver
- Wait for your spouse to respond within 21 days
- Attend an initial status conference with the judge
- Go through mandatory mediation to resolve disputes
- Attend a final hearing if you can’t agree on everything
- Wait for the 91 day period to pass before finalization
Mediation Requirements in Colorado Divorces
Colorado courts require parties to mediate before final orders are set. This requirement is designed to help divorcing couples resolve their disputes amicably and out of court. You have to try mediation first basically.
Why though.
This can save the parties a lot of time, money, and stress that comes with a court trial. Mediation gives people the most control over the outcome of their divorce. You get to decide instead of leaving everything up to a judge. Anything the parties cannot agree upon is left up to a Judge to decide.
Most people prefer working things out themselves.
Mediations are conducted by a neutral third party known as a mediator. Mediators facilitate discussions between parties to help them reach mutually acceptable agreements on various issues related to their divorce, such as the parenting time schedule or the division of marital assets. They’re not there to take sides.
Contested Versus Uncontested Divorce Options
There are two main types of divorce in Colorado. This is called an uncontested divorce. If a certain period of time passes and your spouse does not sign the papers or file any papers of his her own, you may be able to proceed with the divorce as an uncontested divorce anyway. Uncontested is way faster.
So simple honestly.
This is called contesting the divorce. In this case, you will have to attend a series of court appearances to sort the issues out. Contested divorces take longer and cost more money. You’re basically fighting over stuff in court instead of agreeing.
Everyone struggles with this decision at first.
If you can work things out with your spouse, go for the uncontested route. You’ll save thousands of dollars and months of stress. But if there are big disagreements about property or kids, you might need the contested process.
Totally depends on your situation.
Special Considerations for Civil Unions and Same Sex Marriages
The dissolution of a civil union same sex marriage in Colorado is, as of 2013, the same as a traditional divorce. Everything works exactly the same way now. No differences in how the law treats you.
This changed things big time.
If you are ending a Civil Union, then neither party has to live in Colorado if you got your Civil Union License in Colorado. That’s one exception to the residency rule. Otherwise all the same rules apply for property division, custody, and support.
You’re protected equally under the law.
What About Legal Separation Instead of Divorce
A Legal Separation case can do everything a Divorce case can, but it doesn’t legally end the marriage civil union. You stay married technically but live separate lives. Some people choose this for religious reasons or to keep health insurance benefits.
Pause here for a second.
Legal separation divides property and assets just like divorce. It sets up custody arrangements. It can include spousal support. The only difference is you’re still legally married at the end. You can’t remarry someone else unless you convert it to an actual divorce later.
Curious what works best for your situation.
Filing Fees and Court Costs to Expect
Divorce isn’t free unfortunately. You’ll need to pay filing fees when you submit your petition to the court. The exact amount varies by county in Colorado but expect to pay a few hundred dollars just to file.
Yep it adds up.
If you hire a lawyer, costs go way up. Attorney fees can range from a few thousand to tens of thousands depending on how complicated your case is. Contested divorces with lots of assets or custody battles cost the most. Uncontested divorces where you agree on everything cost the least.
Most people don’t realize how expensive this gets.
You might qualify for a fee waiver if you have low income. The court has forms you can fill out to request this. It’s worth checking if money is tight right now.
Do You Really Need a Divorce Lawyer
You can technically do a divorce yourself in Colorado. The courts have self help resources and forms available online. But honestly, having a lawyer makes things way easier, especially if there’s property or kids involved.
Real talk here.
If your spouse hires a divorce attorney, you should consider doing the same. An unrepresented party often feels disadvantaged when the other party has counsel. You don’t want to be the only one without legal help. The judge won’t take pity on you for not having a lawyer.
This is super important.
A good divorce lawyer knows Colorado law inside and out. They can spot issues you might miss. They negotiate better settlements. They handle all the paperwork correctly. And they represent you in court if needed.
You’ve got options either way.
Common Mistakes People Make During Colorado Divorces
One huge mistake is hiding assets or lying about finances. Colorado courts take this seriously and it can backfire badly. Be honest about everything you own and owe. The truth comes out eventually anyway.
Another big one is using kids as weapons.
Don’t bad mouth your ex to the children or try to turn them against the other parent. Colorado judges hate this and it can hurt your custody case. The court wants to see you encouraging a relationship between the kids and both parents.
You’re not the only one who makes mistakes here.
People also rush into agreements without thinking them through. Take your time. Make sure you understand what you’re signing. Once the divorce decree is final, changing things is really hard. Get legal advice before you agree to anything major.
What Happens After the Divorce Is Final
Once the judge signs your divorce decree, your marriage is officially over. You’ll get copies of the final orders that spell out everything. Property division, custody arrangements, support payments, all of it.
Now you follow those orders.
If your ex doesn’t follow the court orders, you can go back to court for enforcement. The judge can hold them in contempt and impose penalties. Keep good records of everything, especially if there are support payments or custody exchanges happening.
Life moves forward from here.
You can modify custody or support orders later if circumstances change significantly. You’ll need to file a motion with the court and show why the change is necessary. The court wants to see a real reason, not just that you changed your mind.
Final Thoughts
Divorce in Colorado is designed to be as fair and straightforward as possible. The no fault system means you don’t have to prove anything bad happened. The 91 day waiting period gives everyone time to think things through and work out agreements.
You’ve got this honestly.
Whether you go with mediation or end up in court, the goal is reaching a fair settlement that lets both people move forward. Take your time, get good legal advice, and focus on what matters most to you. Thousands of people go through this process every year in Colorado and come out okay on the other side.
This totally works if you approach it right.
Frequently Asked Questions
How much does it cost to get divorced in Colorado?
Filing fees typically range from 200 to 300 dollars depending on your county. If you hire an attorney, costs can range from a few thousand for simple uncontested cases to 20,000 dollars or more for complicated contested divorces. You might qualify for a fee waiver if you have low income.
Can I get divorced in Colorado if my spouse doesn’t agree?
Yes absolutely. Colorado allows you to get divorced even if your spouse objects or doesn’t respond. You’ll need to properly serve them with papers and wait the required time periods. If they don’t participate, you can proceed with a default divorce after following the correct procedures.
How is child support calculated in Colorado divorces?
Colorado uses a formula based on both parents’ incomes, the number of children, and how much parenting time each parent has. The state provides worksheets and calculators to figure out the amount. Other factors like health insurance costs and childcare expenses also get factored into the calculation.
Can I change my name back during the divorce?
Yes you can request a name change as part of your divorce decree. You just need to include this request in your divorce paperwork. The judge will typically approve it as long as you’re not trying to avoid debts or commit fraud. It’s way easier to do it during the divorce than going back later.
What if we own a house together in Colorado?
The house is considered marital property and needs to be divided. You have a few options like one person buying out the other, selling it and splitting the proceeds, or continuing to co own it for a while. The court will consider factors like who can afford it and what’s best for any children when deciding.