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. A decree cannot be entered until 91 days after the other spouse is served or joins the case, and one spouse must have been domiciled in Colorado for 91 days before filing.
Quick Facts
Residency Requirement
91 days residency required
Waiting Period
91 days after service or joint filing
Filing Fee (approximate, varies by county)
$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 starts when the other spouse is served, files jointly, or enters an appearance
- Property is divided by equitable distribution
- Colorado uses the term 'allocation of parental responsibilities' instead of custody
- Many Colorado judicial districts require a parenting class when children are involved; check with your district court
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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FAQs
Common questions about divorce in Colorado
Colorado does not require a formal separation period, but a decree cannot be entered until 91 days after the other spouse is served or joins the case. One spouse must also have been domiciled in Colorado for at least 91 days before filing.
Colorado's advisory guidelines apply to marriages of at least three years when the couple's combined income is $240,000 a year or less. The starting point is 40% of the couple's combined monthly adjusted gross income minus the lower earner's income, then adjusted for how the payments are taxed. Duration is based on the length of the marriage, and courts can deviate from the guidelines.