Divorce in Colorado
Colorado is a no-fault divorce state where the only ground for divorce is that the marriage is irretrievably broken. The state uses equitable distribution for property division and has a 91-day waiting period after filing. Colorado requires 91 days of residency before filing.
Quick Facts
Residency Requirement
91 days residency required
Waiting Period
91 days after filing
Filing Fee
$230-$300
Property Division
equitable distribution
Grounds for Divorce
- •Irretrievable breakdown of the marriage
Key Facts
- ★Colorado is strictly a no-fault divorce state
- ★The 91-day waiting period begins at the time of filing or service
- ★Property is divided by equitable distribution
- ★Colorado uses the term 'allocation of parental responsibilities' instead of custody
- ★Both spouses must attend a parenting class if children are involved
Child Custody
Colorado uses the term 'allocation of parental responsibilities' rather than custody. Courts focus on the best interests of the child and encourage shared parenting time. Parents must submit a parenting plan.
Alimony / Spousal Support
Colorado has advisory spousal maintenance guidelines based on the parties' combined income and the length of the marriage. Maintenance is calculated using a formula for marriages of varying durations, though courts retain discretion.
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Common questions about divorce in Colorado
Colorado does not require a formal separation period, but there is a mandatory 91-day waiting period after filing before the divorce can be finalized. Both parties must also have been Colorado residents for at least 91 days.
Colorado uses advisory guidelines that calculate maintenance as 40% of the higher earner's monthly adjusted gross income minus 50% of the lower earner's income. Duration is based on the length of the marriage. Courts can deviate from these guidelines based on circumstances.