Divorce in Colorado (2026)

Colorado as a Pure No-Fault Dissolution State

Colorado is one of a minority of states that allows only no-fault divorce. Under C.R.S. Section 14-10-106, the sole ground for ending a marriage is that it is “irretrievably broken.” There are no fault-based grounds available — no adultery, cruelty, abandonment, or any other marital misconduct can be alleged as a basis for divorce. Colorado uses the term “dissolution of marriage” rather than divorce throughout its statutes, and this terminology reflects the state’s philosophy that the legal process should focus on practical outcomes rather than assigning blame.

This distinction has real consequences. In states that allow fault grounds, a spouse may gain strategic advantages in property division or alimony by proving the other spouse’s misconduct. In Colorado, that avenue does not exist. The court will not hear testimony about why the marriage failed, and marital misconduct plays no role in property division, spousal maintenance, or any other financial determination. If one spouse states under oath that the marriage is irretrievably broken, that is sufficient — even if the other spouse disagrees.

Colorado adopted its no-fault framework as part of the Uniform Marriage and Divorce Act, which it was among the first states to enact in the early 1970s. The policy rationale was to reduce the adversarial nature of divorce proceedings and encourage cooperative resolution. For families with children, this no-fault-only approach is paired with the “allocation of parental responsibilities” framework under C.R.S. Section 14-10-124, which similarly avoids traditional winner-loser custody language.

Overview of Divorce in Colorado

Colorado is a purely no-fault divorce state. Under C.R.S. Section 14-10-106, the sole ground for dissolution of marriage is that the marriage is “irretrievably broken.” Neither spouse needs to prove fault, and the court will not consider allegations of misconduct when deciding whether to grant the divorce. Colorado uses the term “dissolution of marriage” rather than divorce in its statutes, and it uses “allocation of parental responsibilities” in place of the traditional custody terminology.

This approach reflects Colorado’s commitment to reducing conflict in the divorce process and focusing on practical outcomes. For a broader understanding of how divorce works across the country, see our complete guide to divorce.

Residency Requirements

To file for divorce in Colorado, at least one spouse must have been domiciled in the state for a minimum of 91 days before filing the petition. The petition is filed in the district court of the county where either spouse resides. If both spouses are Colorado residents, either county of residence is appropriate. Military personnel stationed in Colorado may also meet the residency requirement.

Grounds for Divorce

Colorado recognizes only the no-fault ground of irretrievable breakdown. Under C.R.S. Section 14-10-110, if one spouse states under oath that the marriage is irretrievably broken, the court will accept this. If the other spouse denies it, the court may continue the case for 30 to 60 days and may suggest counseling. However, if the petitioning spouse maintains that the marriage is broken, the court will ultimately grant the dissolution.

Filing Fees and Costs

The filing fee for a divorce in Colorado is approximately $230. Additional costs may include fees for service of process, parenting class requirements (mandatory in cases involving children), and certified copies of court orders. Attorney fees depend on the complexity of the case and whether the divorce is contested. To get a sense of what your divorce might cost, use our divorce cost calculator.

Waiting Period

Colorado imposes a mandatory 91-day waiting period from the date the petition is filed and the respondent is served (or enters an appearance) before the court can enter a final decree. This waiting period applies to all divorces, whether contested or uncontested. The court cannot waive this requirement. In practice, uncontested cases are often finalized shortly after the 91 days have passed, while contested cases may take considerably longer.

Property Division

Colorado follows the equitable distribution model for dividing marital property. Under C.R.S. Section 14-10-113, the court divides marital property in a manner that is fair and reasonable, considering factors such as:

• The contribution of each spouse to the acquisition of marital property, including homemaker contributions
• The value of property set apart to each spouse as separate property
• The economic circumstances of each spouse at the time of division
• Any increases or decreases in the value of separate property during the marriage
• The depletion of separate property for marital purposes

Separate property includes assets acquired before the marriage, gifts, and inheritances, provided they have not been commingled with marital property. Colorado courts have broad discretion in determining what constitutes a fair division, and a 50/50 split is not guaranteed.

Alimony (Spousal Maintenance)

Colorado provides statutory guidelines for spousal maintenance under C.R.S. Section 14-10-114. For marriages lasting at least 3 years where the combined adjusted gross income of both parties is $240,000 or less, the court uses a formula to calculate a recommended amount and duration. The formula considers:

• The gross income of both spouses
• The duration of the marriage
• The financial resources of each party
• The lifestyle established during the marriage

For higher-income cases or marriages with unique circumstances, the court has discretion to deviate from the guidelines. Maintenance may be temporary (during the divorce process), rehabilitative (to allow a spouse to become self-supporting), or long-term. The court may also consider the age and health of both parties and the distribution of marital property.

Allocation of Parental Responsibilities

Colorado does not use the terms “custody” and “visitation.” Instead, under C.R.S. Section 14-10-124, the court allocates parental responsibilities, which include decision-making authority and parenting time. The court’s primary consideration is the best interests of the child, taking into account factors such as the wishes of the parents and child, the child’s adjustment to home and community, and the mental and physical health of all parties involved. Both parents are required to complete a parenting class in cases involving minor children.

The Divorce Process

The typical Colorado divorce process includes the following steps:

1. Filing the petition. One spouse files a Petition for Dissolution of Marriage with the district court and pays the filing fee.
2. Serving the other spouse. The respondent must be served with the petition. If both parties agree, the respondent may file a voluntary appearance.
3. Mandatory disclosures. Both parties must exchange sworn financial statements within 42 days of the case being filed.
4. Waiting period. The 91-day mandatory waiting period begins.
5. Negotiation or mediation. The parties attempt to resolve issues related to property, support, and parenting. Colorado courts frequently encourage or require mediation.
6. Final orders. If an agreement is reached, the court reviews and approves it. If not, the case goes to a contested hearing where a judge decides the unresolved issues.
7. Decree of dissolution. The court enters the final decree, which is effective immediately.

Uncontested divorces in Colorado can be finalized in as few as 91 days. Contested cases typically take six months to a year or more.

When to Consult an Attorney

Colorado’s divorce laws contain nuances, particularly around the allocation of parental responsibilities and the spousal maintenance formula, that benefit from professional guidance. If your case involves significant assets, complex financial arrangements, business interests, or disagreements about parenting, working with a family law attorney is strongly recommended.

Even in straightforward cases, having your agreement reviewed by a professional helps ensure nothing is overlooked. To discuss your options with a qualified attorney, schedule a free consultation.

Frequently Asked Questions

What are the residency and waiting period requirements for a Colorado divorce?

At least one spouse must have been domiciled in Colorado for a minimum of 91 days before filing. Colorado also imposes a mandatory 91-day waiting period from the date the petition is filed and the respondent is served before the court can enter a final decree. This waiting period cannot be waived.

Is Colorado a community property or equitable distribution state?

Colorado follows equitable distribution. Under C.R.S. Section 14-10-113, the court divides marital property in a manner that is fair and reasonable, considering each spouse’s contributions, the economic circumstances of each party, and whether separate property was depleted for marital purposes. A 50/50 split is not guaranteed.

Is Colorado a no-fault divorce state?

Yes. Colorado is purely no-fault. The sole ground for dissolution under C.R.S. Section 14-10-106 is that the marriage is “irretrievably broken.” The court will not consider allegations of misconduct. If one spouse denies the marriage is broken, the court may continue the case for 30 to 60 days but will ultimately grant the dissolution.

How does Colorado calculate spousal maintenance?

Colorado provides advisory guidelines under C.R.S. Section 14-10-114. The formula is 40% of the higher earner’s monthly adjusted gross income minus 50% of the lower earner’s, capped so the recipient’s total income does not exceed 40% of the parties’ combined income. Duration follows a sliding scale based on marriage length, ranging from 11 months for a 3-year marriage to indefinite for marriages of 20 years or more.

Can marital misconduct affect the outcome of a Colorado divorce?

No. Because Colorado is a pure no-fault state, the court does not consider marital misconduct when dividing property, awarding spousal maintenance, or allocating parental responsibilities. Under C.R.S. Section 14-10-113, property division is based on economic factors only. This distinguishes Colorado from states like South Carolina or Texas, where fault can influence financial outcomes.

What happens if my spouse and I disagree about whether the marriage is irretrievably broken?

Under C.R.S. Section 14-10-110, if the responding spouse denies the marriage is irretrievably broken, the court may continue the matter for 30 to 60 days and may suggest counseling. However, if the filing spouse maintains that the marriage is broken at the end of that period, the court will grant the dissolution. One spouse cannot prevent the other from obtaining a divorce in Colorado.

How This Guide Was Researched

This guide was developed by reviewing the Colorado Revised Statutes, Title 14, Article 10 (Uniform Dissolution of Marriage Act), with particular attention to C.R.S. Sections 14-10-106 (irretrievable breakdown as sole ground), 14-10-107 (residency and waiting period), 14-10-110 (procedure when breakdown is alleged), 14-10-113 (property division), and 14-10-114 (spousal maintenance advisory guidelines). Filing fees and procedural requirements were confirmed against the Colorado Judicial Branch self-help website and official court forms published by the Colorado courts.

Sources and Legal References

This guide is based on publicly available legal information and official sources, including:

• C.R.S. § 14-10-106 (irretrievable breakdown as sole ground for dissolution)
• C.R.S. § 14-10-107 (91-day residency requirement and domicile rules)
• C.R.S. § 14-10-110 (procedure when irretrievable breakdown is denied by respondent)
• C.R.S. § 14-10-113 (equitable division of marital property, including factors and separate property rules)
• C.R.S. § 14-10-114 (spousal maintenance advisory guidelines: amount formula, duration schedule, and deviation factors)
• C.R.S. § 14-10-124 (allocation of parental responsibilities)

Official Colorado Resources

• Colorado Judicial Branch — Divorce Self-Help
• Colorado Divorce Forms

For more about how we research our guides, see our editorial policy and sources methodology.

Related Guides

Colorado Divorce and Family Law

• Divorce in Colorado: Laws, Process, and Costs
• Child Custody in Colorado: Laws and Factors
• Colorado Parental Responsibilities: How Custody Works
• Child Support in Colorado: Guidelines and Calculations
• Colorado Spousal Maintenance Guidelines

Other Colorado Hub Pages

• Child custody in Colorado
• Child support and alimony in Colorado

National Guides

• Complete guide to divorce
• No-fault divorce
• Community property vs. equitable distribution
• How much divorce costs
• Divorce cost estimator