How to File for Divorce in Colorado 2026: Complete Guide

Colorado is a no-fault, equitable distribution state with reformed spousal maintenance laws and a strong focus on children's best interests through detailed parenting plans. This comprehensive guide covers everything from residency requirements to property division, spousal maintenance guidelines, parental responsibilities, and the complete divorce process in Colorado.

Colorado Residency Requirements

Before filing for dissolution of marriage in Colorado, you must meet these requirements under C.R.S. § 14-10-106:

Adult Residency

• At least one spouse must have been a Colorado resident for a minimum of 91 days immediately before filing
• If military, stationed in Colorado for 91 days counts toward residency
• File in the county where either spouse resides

Child Residency (If Minor Children Involved)

• Children must have resided in Colorado for at least 182 days (6 months) before filing
• This requirement is for establishing jurisdiction over custody matters (UCCJEA)
• If children haven't lived in CO for 182 days, you may need to file in another state for custody

Proof of Residency

You may need to provide:

• Colorado driver's license or state ID
• Voter registration
• Utility bills
• Lease or mortgage documents
• Employment records showing Colorado address

Grounds for Dissolution of Marriage

Colorado is a pure no-fault state under C.R.S. § 14-10-110.

The Only Ground: Irretrievably Broken Marriage

The sole legal ground for dissolution of marriage in Colorado is that the marriage is irretrievably broken.

What This Means:

• No need to prove fault, adultery, abandonment, cruelty, or any specific wrongdoing
• Either spouse can file based solely on assertion that marriage is irretrievably broken
• If one spouse denies the marriage is broken, court may order counseling or continue the hearing, but ultimately will grant dissolution if one party insists
• Fault or misconduct is not considered in property division or maintenance (with narrow exceptions for dissipation of assets)

Separation vs. Dissolution

Colorado also offers legal separation as an alternative:

• Legal separation: Divides property and establishes parenting plan, but parties remain legally married
• Can be converted to dissolution after 6 months
• Some choose separation for religious reasons, health insurance continuation, or Social Security benefits

Step-by-Step Filing Process

Step 1: Prepare Required Documents

Core documents needed to file:

• Petition for Dissolution of Marriage (JDF 1101)
• Case Information Sheet (JDF 1000)
• Summons (JDF 1102)
• Confidential Information Form (if children involved)
• Sworn Financial Statement (JDF 1111) - due within 42 days

Additional documents if you have children:

• Parenting Plan (JDF 1113)
• Child Support Worksheet (JDF 1822)
• Affidavit under UCCJEA (jurisdiction over children)

Colorado Courts provide free forms at Colorado Judicial Branch Forms

Step 2: File with District Court

File your petition with the district court in the county where you or your spouse resides.

Filing Fee: Approximately $230 (varies slightly by county)

• Fee waivers available if you cannot afford filing fees (file JDF 205 Motion to File Without Payment)
• Court clerk assigns case number
• Receive stamped copies for service

Step 3: Serve Your Spouse

Colorado requires proper service under Colorado Rules of Civil Procedure:

• Personal service: By process server, sheriff, or any person 18+ not party to case
• Acceptance of service: Spouse voluntarily signs acceptance (simplest method)
• Service by publication: If spouse cannot be located after diligent search (requires court approval)

Your spouse has 21 days to file a Response (35 days if served out of state).

File Affidavit of Service: After service, file proof with court showing when and how spouse was served.

Step 4: Mandatory 91-Day Waiting Period

Colorado requires a 91-day waiting period from the date the petition was served before the divorce can be finalized (C.R.S. § 14-10-106(1)(b)).

• This period cannot be waived or shortened
• Earliest a dissolution can be finalized is day 92 after service
• Use this time to exchange disclosures, negotiate settlement, complete parenting classes

Step 5: Exchange Financial Disclosures

Both parties must complete and exchange Sworn Financial Statements (JDF 1111) within 42 days of service.

Information disclosed includes:

• All sources of income (employment, self-employment, investments, benefits)
• Monthly expenses
• All assets (real estate, vehicles, bank accounts, retirement accounts, personal property)
• All debts and liabilities
• Tax returns (typically last 3 years)
• Pay stubs, bank statements, retirement account statements

Failure to fully disclose can result in sanctions and potentially reopening of final orders.

Step 6: Parenting Education (If Children Involved)

Most Colorado counties require divorcing parents with minor children to complete a parenting education class:

• Typically 4-hour class covering effects of divorce on children, co-parenting strategies, communication
• Both parents must complete (separately or together depending on provider)
• Cost: $35-$50 per person
• Online and in-person options available
• Must complete before final hearing

Step 7: Temporary Orders (If Needed)

If you need court orders during the divorce process, you can request temporary orders for:

• Temporary parenting time schedule
• Temporary child support
• Temporary spousal maintenance
• Exclusive use of marital home
• Restraining orders (if domestic abuse)

Temporary orders hearing typically scheduled within 2-4 weeks of filing motion.

Step 8: Settlement or Hearing

Uncontested Dissolution: If you reach full agreement on all issues:

• Prepare Separation Agreement covering all issues
• Submit agreement and proposed decree to court
• Some courts allow submission without hearing (check local rules)
• Judge reviews and signs decree

Contested Dissolution: If you cannot agree:

• Attend Initial Status Conference (scheduling conference)
• Complete discovery (exchange of information and documents)
• Attend mediation or settlement conference (often required)
• If no settlement, proceed to final hearing/trial

Step 9: Final Hearing

At the final hearing:

• Present evidence and testimony regarding contested issues
• Court makes findings on property division, parenting plan, support, maintenance
• Hearing typically lasts 1-4 hours for simple cases, days for complex cases

Step 10: Decree of Dissolution

Judge issues Decree of Dissolution of Marriage including:

• Division of marital property and debts
• Allocation of Parental Responsibilities (custody) and Parenting Time
• Child Support Order
• Spousal Maintenance Order (if applicable)

Decree is final when entered by court. Appeals must be filed within specific deadlines.

Equitable Property Division

Colorado is an equitable distribution state (C.R.S. § 14-10-113), not a community property state.

Marital vs. Separate Property

Marital Property (Subject to Division):

• All property acquired by either spouse during the marriage (from date of marriage to date of decree)
• Income earned during marriage
• Retirement benefits accrued during marriage
• Increase in value of separate property due to marital effort or contribution
• Property acquired in exchange for marital property

Separate Property (Not Divided):

• Property acquired before marriage
• Property acquired by gift or inheritance to one spouse (even during marriage)
• Property acquired after decree
• Property designated as separate by valid agreement (prenup/postnup)
• Property acquired in exchange for separate property

Equitable Distribution Factors

Colorado courts divide marital property "equitably" (fairly), not necessarily equally. Factors considered under C.R.S. § 14-10-113(1):

• Contribution of each spouse to acquisition of marital property (including homemaker contributions)
• Value of separate property each spouse has
• Economic circumstances of each spouse at time division becomes effective
• Increases or decreases in value of separate property during marriage
• Whether separate property was used for marital benefit
• Depletion of separate property for marital purposes

Important: Courts presume an approximately equal division is equitable, but can deviate based on these factors.

Common Division Scenarios

Family Home:

• Often sold and proceeds divided
• One spouse may buy out other's interest
• May be awarded to custodial parent with offset in other assets

Retirement Accounts:

• Only portion accrued during marriage is marital property
• Divided using Qualified Domestic Relations Order (QDRO) for tax-free transfer

Businesses:

• Value at marriage subtracted from value at dissolution = marital portion
• Often requires business valuation expert
• Operating spouse typically retains business with offset to other spouse

Debts:

• Marital debts divided equitably along with assets
• Court cannot modify creditor agreements - both spouses may remain liable to creditor even if court assigns debt to one spouse

Spousal Maintenance (Alimony)

Colorado reformed spousal maintenance laws in 2014, establishing advisory guideline formulas (C.R.S. § 14-10-114).

Eligibility for Maintenance

To be awarded maintenance, spouse must show:

• Lacks sufficient property (including marital share) to meet reasonable needs, AND
• Unable to support self through appropriate employment, or custodian of child whose circumstances make employment inappropriate

Advisory Maintenance Guidelines

Colorado has guideline formulas for marriages lasting 3+ years where combined gross income is less than $360,000/year (adjusted annually for inflation).

Amount Formula (Monthly)

Guideline Amount = 40% of higher earner's monthly gross income - 50% of lower earner's monthly gross income

However:

• Amount cannot result in lower earner receiving more than 40% of combined gross income
• Total income cap of $30,000/month (combined) for guideline to apply

Duration Guidelines (Marriages 3-20 Years)

Duration typically calculated as percentage of length of marriage:

Important: These are advisory guidelines, not mandatory. Courts can deviate based on specific circumstances.

Deviation Factors

Courts may deviate from guidelines considering:

• Financial resources of both parties (including marital property division)
• Standard of living during marriage
• Distribution of marital property
• Both parties' income, employment, employability
• Whether party seeking maintenance has historically earned less income or stayed home
• Age and health of parties
• Significant economic or non-economic contribution to marriage (including homemaking, child care, career building of other party)

Types of Maintenance

• Temporary maintenance: During divorce proceedings only
• Term maintenance: For specific duration (most common)
• Indefinite/reviewable maintenance: For marriages of 20+ years, subject to review
• Nominal maintenance: Placeholder ($1/year) preserving jurisdiction to modify later

Modification and Termination

Maintenance terminates upon:

• Death of either party
• Remarriage of recipient
• End of specified term (unless modified)

Can be modified upon showing of substantial and continuing change in circumstances.

Allocation of Parental Responsibilities

Colorado uses specific terminology under C.R.S. § 14-10-123 and 124:

Decision-Making Responsibility

Authority to make major decisions about child's life:

• Joint decision-making: Both parents make major decisions together (education, healthcare, religion, extracurricular)
• Primary decision-making: One parent has authority to make major decisions
• Divided decision-making: Each parent has sole authority over specific areas

Colorado presumes joint decision-making is in child's best interest unless evidence shows otherwise.

Best Interest Factors (C.R.S. § 14-10-124)

Courts determine parenting arrangements based on child's best interests considering:

• Wishes of parents
• Wishes of child (if sufficiently mature)
• Interaction and interrelationship between child, parents, siblings, and other significant people
• Child's adjustment to home, school, and community
• Mental and physical health of all individuals
• Ability of parties to encourage sharing, love, and contact with other parent
• Whether past pattern of involvement reflects genuine commitment
• Physical proximity of parties to each other as it relates to practical considerations of parenting time
• Ability of each party to place child's needs ahead of own
• History of domestic violence, child abuse, or child neglect

Parenting Plan Required

All cases with minor children require a detailed parenting plan (JDF 1113) including:

• Detailed parenting time schedule (regular schedule, holidays, vacations, special occasions)
• Decision-making allocation (joint, primary, or divided)
• Dispute resolution method (mediation, arbitration, etc.)
• Information sharing and communication methods
• Transportation and exchange procedures
• Right of first refusal (if child needs care during other parent's parenting time)

Child Support

Colorado uses an income shares model based on Colorado Child Support Guidelines (C.R.S. § 14-10-115).

Calculation Factors

• Combined gross income of both parents
• Number of children
• Parenting time (overnights with each parent)
• Work-related childcare costs
• Health insurance premiums for children
• Extraordinary medical expenses
• Extraordinary educational expenses (private school, tutoring)

Colorado Child Support Calculator

State provides online worksheet at Colorado Child Support Calculator

Duration

Child support continues until:

• Child reaches age 19 (or graduates high school, whichever is later)
• Child becomes emancipated (marriage, military service, self-supporting)
• Child dies

Child support for children with disabilities may extend beyond age 19.

Modification

Child support can be modified upon showing:

• At least 3 years since last order, OR
• Change of at least 10% in support amount based on current circumstances

Costs and Fees

Expected Timeline

• Absolute Minimum: 91 days (mandatory waiting period)
• Uncontested with agreement: 91-120 days
• Contested (settled): 6-12 months
• Contested (trial): 12-24+ months

The 91-day waiting period starts from date of service and cannot be waived.

Frequently Asked Questions

How long do you have to live in Colorado to get a divorce?

At least one spouse must have been a Colorado resident for a minimum of 91 days before filing for dissolution of marriage. If you have minor children, the children must have resided in Colorado for at least 182 days (6 months) before filing to establish jurisdiction over custody matters.

Is Colorado a no-fault divorce state?

Yes. Colorado is a pure no-fault divorce state. The only ground for dissolution of marriage is that the marriage is irretrievably broken. You do not need to prove fault, adultery, or wrongdoing. Fault is not considered in property division or spousal maintenance.

How long does a divorce take in Colorado?

Colorado requires a mandatory 91-day waiting period from the date of service before a divorce can be finalized. Uncontested cases typically take 91-120 days total. Contested divorces average 6-12 months if settled, or 12-24+ months if trial is required.

Is Colorado a 50/50 divorce state?

No. Colorado is an equitable distribution state, not a community property state. Marital property is divided fairly and equitably, which often results in a roughly equal division, but not necessarily 50/50. Courts consider multiple factors including contributions, economic circumstances, and separate property values.

How is spousal support calculated in Colorado?

Colorado has advisory maintenance guidelines with formulas for marriages lasting 3+ years. For marriages 3-20 years, monthly maintenance is typically 40% of the higher earner's monthly gross income minus 50% of the lower earner's monthly gross income. Duration depends on length of marriage (31%-65% of marriage length). Guidelines are advisory, not mandatory.

What is a parenting plan in Colorado?

A parenting plan is a detailed written agreement outlining parenting time schedules, decision-making responsibilities, dispute resolution, communication methods, and other matters affecting children. Colorado requires a parenting plan in all cases involving minor children.

Can you get a divorce without going to court in Colorado?

Yes, in some cases. If you have an uncontested divorce with full agreement on all issues, you may be able to finalize your divorce without a hearing by submitting a separation agreement and proposed decree. Some counties allow mail-in or online submissions. However, local court rules vary, and at least one brief appearance is often required.