Divorce in Colorado is a structured legal process, but understanding each step in advance can make the experience less stressful. Whether you're filing in Denver, Boulder, or a smaller county, this guide covers what to expect — from residency rules to final judgment.
Residency Requirements
To file for divorce in Colorado, at least one spouse must have lived in the state for a minimum of 91 days before filing. If children are involved, they must have resided in Colorado for at least 182 days prior to the filing date (with limited exceptions). These rules help establish jurisdiction for both the divorce and any custody matters.
Grounds for Divorce
Colorado is a pure no-fault state. This means that a spouse does not need to prove wrongdoing — the only legal ground for divorce is that the marriage is irretrievably broken. Courts do not consider fault such as adultery or abandonment when dividing property or awarding support.
Filing and Serving the Petition
The divorce process begins when one spouse (the petitioner) files a Petition for Dissolution of Marriage with the district court in their county. The other spouse (the respondent) must be formally served with the petition and a summons. This can be done by sheriff, private process server, or waiver of service signed by the respondent.
Financial Disclosures
Both parties must exchange detailed financial disclosures within 42 days of filing. These include tax returns, pay stubs, bank records, debts, and other relevant documents. Failure to disclose fully can lead to penalties or court sanctions.
"Colorado law places a strong emphasis on financial transparency. Full disclosure is not just expected — it's mandatory."
Temporary Orders
If either spouse needs temporary relief while the case is pending, they may request temporary orders. These can cover parenting time, child support, spousal maintenance, and temporary use of property. These orders stay in effect until modified or replaced by the final decree.
Property Division
Colorado is an equitable distribution state, meaning property and debts are divided fairly but not always equally. Courts consider various factors, including the length of the marriage, each party's financial situation, and contributions to marital property. Only marital property is divided — separate property remains with its original owner.
Spousal Maintenance
Spousal support, or maintenance, may be awarded based on a statutory formula and other case-specific factors. The court evaluates income disparity, ability to pay, the standard of living during the marriage, and the length of the marriage.
Child Custody and Support
Custody in Colorado is referred to as parental responsibility. Courts encourage shared parenting unless it's not in the child's best interest. Child support is calculated using a formula that factors in both parents' incomes, number of children, healthcare costs, and overnights spent with each parent.
Final Decree of Dissolution
After all issues are resolved — either through a mutual agreement or court trial — a judge will issue a Decree of Dissolution of Marriage. There is a minimum 91-day waiting period from the date the petition is filed (or served, whichever is later) before the divorce can be finalized.
Key Points to Remember
- Colorado only permits no-fault divorce
- Financial disclosures are mandatory
- Temporary orders can shape the entire case
- Property is divided equitably, not equally
- There is a mandatory 91-day waiting period
While Colorado provides standardized court forms, navigating divorce alone isn't always ideal. Couples with high-value assets, children, or contested issues often benefit from consulting an experienced family law attorney to ensure the process is handled properly from start to finish.
If you're unsure about your rights or next steps, consult a local attorney or legal aid service. You can also download Colorado divorce papers or browse Colorado divorce lawyers to get the help you need.