Divorce in Colorado: Laws, Process, and Costs

A couple in Denver had been living apart for months when the husband decided to file for divorce. He assumed he could wrap things up in a few weeks — they had already agreed on how to split their assets and who the kids would live with. But after filing the petition, he learned about Colorado’s mandatory 91-day waiting period. No exceptions, no waivers, no matter how much both spouses agree. Then came the mandatory financial disclosures, the required parenting class, and the realization that “uncontested” doesn’t mean “instant.” What he expected to be a quick formality turned into a three-month process with specific deadlines and requirements at every step.

Colorado’s divorce system is designed to be straightforward — the state doesn’t require grounds beyond an irretrievably broken marriage — but straightforward doesn’t mean fast or simple. Understanding how the process actually works, what the court requires, what property division looks like, and what it costs helps you plan realistically and avoid unnecessary delays.

This guide covers Colorado divorce law as it stands in 2026: the sole ground for divorce, the filing process, property division, spousal maintenance, child custody, costs, and timeline. For a broader overview, see our complete guide to divorce.

Grounds for Divorce in Colorado

Colorado is a purely no-fault divorce state. The only ground for divorce is that the marriage is irretrievably broken, meaning the marital relationship cannot be repaired. This is established under C.R.S. Section 14-10-106.

There are no fault-based grounds. You cannot file for divorce based on adultery, cruelty, abandonment, or any other marital misconduct. Colorado eliminated fault grounds decades ago.

This has practical consequences:

• Neither spouse needs the other’s permission. One spouse can file and the divorce will proceed even if the other objects.
• Misconduct doesn’t affect the outcome. An affair won’t change property division or spousal maintenance in most cases.
• The only dispute is whether the marriage is irretrievably broken. If one spouse denies it, the court may continue the case for 30 to 60 days and suggest counseling, but the court will ultimately grant the divorce if the filing spouse maintains the marriage is irretrievable.

Residency Requirements

At least one spouse must have been domiciled in Colorado for at least 91 days immediately before filing, under C.R.S. Section 14-10-106(1)(a)(I).

Domicile means more than physical presence — it means Colorado is your permanent home with the intent to remain. Military members stationed in Colorado generally meet this requirement.

File in the district court in the county where either spouse resides. If one spouse lives in Colorado and the other doesn’t, file in the Colorado spouse’s county.

How to File for Divorce in Colorado

Colorado uses the term “dissolution of marriage” rather than divorce, though both terms refer to the same legal process. The courts provide standardized forms (JDF forms) for self-represented parties.

Step 1: Prepare Your Documents

You’ll need to file the following with the court:

• Petition for Dissolution of Marriage (JDF 1011) — the primary document that initiates the divorce
• Summons (JDF 1102) — notifies your spouse of the action and the automatic temporary injunction
• Sworn Financial Statement (JDF 1111) — a detailed accounting of your income, expenses, assets, and debts
• Certificate of Compliance with Mandatory Disclosures (JDF 1104) — confirms you’ve exchanged required financial documents

If you have minor children, you’ll also need:

• Parenting Plan (JDF 1113) — covers allocation of parental responsibilities, decision-making, and parenting time
• Child Support Worksheet (JDF 1820/1821) — calculates the presumptive child support amount

Step 2: File and Pay

File with the clerk of the district court in the appropriate county and pay the filing fee. As of 2025, the base filing fee for a dissolution of marriage in Colorado is $230. The respondent’s fee to file a response is $116.

Filing fees were increased on January 1, 2025, under Colorado House Bill 2024-1286. Contact your county clerk for the exact current fee.

If you cannot afford the filing fee, you may file a Motion to File Without Payment (JDF 205) to request a fee waiver.

Step 3: Serve Your Spouse

Your spouse must be formally served with the petition and summons. Colorado allows service by:

• Sheriff or process server ($30-$75)
• Certified mail (if your spouse agrees to accept service)
• Acceptance of service — your spouse signs a waiver acknowledging receipt (no cost)
• Publication (if your spouse cannot be located — $50-$200+)

After being served, the respondent has 21 days (35 days if served out of state) to file a response.

Automatic temporary injunction: Upon filing and service, both parties are immediately subject to a temporary restraining order that prevents either spouse from transferring, encumbering, or disposing of marital property; canceling insurance policies; or relocating children outside the state without agreement or court order.

Step 4: Complete Mandatory Financial Disclosures

Under Colorado Rule of Civil Procedure 16.2(e), both parties must exchange mandatory financial disclosures within 42 days of service. This is an absolute duty — not optional. You must provide:

• Tax returns for the last three years
• Pay stubs for the last three months
• Bank and investment account statements
• Retirement account statements
• Real estate documents
• Debt documentation
• Business financial statements (if applicable)

Both parties must also file a Sworn Financial Statement (JDF 1111) with the court. Courts take this requirement seriously — a judge will not finalize a divorce until financial disclosures are complete.

Step 5: Complete Required Parenting Class (If Children Are Involved)

If you have minor children, both parents must complete a court-approved parenting class under C.R.S. Section 14-10-123.7. This is sometimes called a “Level 1” parenting course. The class covers the impact of divorce on children, co-parenting communication, and conflict reduction strategies. Cost is typically $35 to $80 per parent. Both parents must complete the class before the divorce can be finalized.

Step 6: Negotiate and Settle (or Litigate)

If you and your spouse agree on all terms, you submit a Separation Agreement covering property division, debts, and spousal maintenance, along with a Parenting Plan and Child Support Worksheet if children are involved.

If you can’t agree, options include:

• Mediation — Colorado courts frequently order mediation. Costs typically run $150 to $400 per hour, split between parties. Many cases settle in 2 to 6 sessions.
• Collaborative divorce — both spouses hire specially trained attorneys and commit to settling without litigation.
• Litigation — if settlement fails, the case goes to a hearing or trial where a judge decides the disputed issues.

Step 7: Wait Out the 91-Day Period

Colorado imposes a mandatory 91-day waiting period under C.R.S. Section 14-10-106(1)(a)(III). The court cannot finalize the divorce until at least 91 days have passed from the date the petition was filed or the respondent was served (whichever is later). This period cannot be waived, even by agreement of both parties.

The 91-day period runs concurrently with the other steps — financial disclosures, parenting classes, and negotiations — so an efficient couple can be ready to finalize shortly after the waiting period expires.

Step 8: Finalize

Once all requirements are met and the 91-day waiting period has passed, the court enters a Decree of Dissolution of Marriage ending the marriage. In uncontested cases where both parties have filed a separation agreement, the court may finalize the divorce without a hearing.

Waiting Period and Timeline

The 91-day waiting period is a minimum. Here’s what different types of Colorado divorces actually look like in practice:

An uncontested divorce where both spouses submit a complete separation agreement, parenting plan, and financial disclosures promptly can be finalized shortly after the 91-day period expires. Contested divorces take longer due to discovery, temporary orders hearings, mediation, and court scheduling delays.

Property Division: Equitable Distribution

Colorado is an equitable distribution state. Under C.R.S. Section 14-10-113, the court divides marital property fairly — but not necessarily equally.

Marital property includes all assets and debts acquired by either spouse during the marriage. Separate property — assets owned before the marriage, or received by gift, bequest, devise, or descent during the marriage — generally stays with the owning spouse.

Important detail about appreciation: In Colorado, any increase in the value of separate property during the marriage is considered marital property. If you owned a home worth $300,000 before the marriage and it’s worth $450,000 at divorce, the $150,000 in appreciation may be subject to division.

The court considers these factors under C.R.S. Section 14-10-113(1):

• Contribution of each spouse to the acquisition of the marital property, including contributions as a homemaker
• Value of the property set apart to each spouse
• Economic circumstances of each spouse at the time of division, including the desirability of awarding the family home to the custodial parent
• Increases or decreases in the value of separate property during the marriage
• Depletion of separate property for marital purposes

Colorado’s property division statute does not consider marital fault. An affair or other misconduct will not change how the court divides property. However, if one spouse dissipated marital assets — spent money recklessly, hid assets, or transferred property to defeat the other spouse’s interests — the court can account for that in the division.

Spousal Maintenance (Alimony) in Colorado

Colorado uses the term “spousal maintenance” rather than alimony. Under C.R.S. Section 14-10-114, the court may award maintenance when a spouse lacks sufficient property to provide for reasonable needs and is unable to support themselves through appropriate employment.

Advisory Guidelines Formula

Colorado provides advisory guidelines for calculating the amount and duration of maintenance. These guidelines apply when the parties’ combined annual gross income does not exceed $240,000 and the marriage lasted at least 36 months.

Amount formula: 40% of the higher earner’s monthly gross income, minus 50% of the lower earner’s monthly gross income. The result is capped so that the recipient’s total income (maintenance plus their own earnings) does not exceed 40% of the combined monthly gross income.

Duration guidelines: The advisory duration starts at 11 months for a marriage of 36 months and increases with the length of the marriage. For marriages of 12.5 years or longer, the advisory duration is half the length of the marriage. For marriages of 20 years or more, the court may award maintenance for an indefinite term.

Important Limitations

The guidelines are advisory only — not presumptive like child support. The court has discretion to deviate based on the totality of the circumstances. Judges consider factors including:

• Financial resources of each spouse
• Lifestyle during the marriage
• Distribution of marital property
• Both spouses’ income, employment, and employability
• Age and health of each spouse
• Duration of the marriage
• Significant economic or noneconomic contribution to the other spouse’s career or earning capacity

Maintenance typically terminates upon the death of either party, remarriage of the recipient, or a court order modifying or terminating the obligation.

Child Custody (Allocation of Parental Responsibilities)

Colorado does not use the terms “custody” or “visitation.” Instead, the state uses “allocation of parental responsibilities” which includes decision-making responsibility and parenting time under C.R.S. Section 14-10-124.

The court determines parental responsibilities based on the best interests of the child, evaluating factors including:

• The wishes of the parents and the child (if mature enough)
• The child’s relationship with each parent, siblings, and significant others
• The child’s adjustment to home, school, and community
• The mental and physical health of all individuals involved
• Each parent’s ability to encourage a loving relationship with the other parent
• Whether there has been domestic violence or child abuse
• Each parent’s ability to put the child’s needs ahead of their own

Decision-making responsibility covers major decisions about education, healthcare, religious upbringing, and extracurricular activities. It can be allocated jointly or to one parent.

Parenting time is the schedule of when the child is with each parent. Colorado courts strongly favor arrangements that allow both parents meaningful time with their children.

For a detailed breakdown of Colorado’s custody system, see our guide on parental responsibilities in Colorado.

Child Support

Colorado calculates child support using the Income Shares model under C.R.S. Section 14-10-115. Both parents’ adjusted gross incomes are combined to determine a basic child support obligation from the state’s guidelines schedule. Each parent’s share is proportional to their percentage of the combined income.

Additional costs factored in include health insurance premiums for the children, work-related childcare costs, and extraordinary medical expenses.

2026 update: Colorado signed House Bill 25-1159 into law, effective March 1, 2026, which makes significant changes to child support calculations. Key changes include elimination of the 93-overnight threshold for shared parenting time adjustments, a new self-support reserve for low-income parents, and revised low-income adjustment tables. These changes are designed to better account for shared parenting arrangements and protect parents with limited incomes.

The Colorado Judicial Branch provides official child support worksheets and guidelines. For an estimate, try our child support calculator.

How Much Does Divorce Cost in Colorado?

Colorado divorce costs vary dramatically depending on whether the case is uncontested or contested:

Court filing fees are $230 for the petitioner and $116 for the respondent as of 2025.

Attorney fees in Colorado average $250 to $400 per hour, with rates varying by experience and location. Denver metro area attorneys tend to charge at the higher end ($300-$450+). Smaller communities and rural areas often see rates in the $200 to $300 range. Initial retainers typically run $2,000 to $10,000.

Additional costs to plan for:

• Parenting class: $35 - $80 per parent
• Mediation: $150 - $400 per hour (split between parties), with most mediations taking 4 to 12 hours
• Service of process: $30 - $75 (or free with acceptance of service)
• Certified copies: $5 - $20 each
• Parenting evaluator or child and family investigator (if appointed): $3,000 - $10,000+
• Real estate appraisals: $300 - $500 per property
• Business valuations: $3,000 - $15,000+

Published estimates put the average total cost of divorce in Colorado at approximately $11,000 to $15,000. But couples who reach a complete agreement before hiring attorneys can save 60% to 80% compared to contested cases.

For a personalized estimate, try our divorce cost estimator.

What to Do Next

If you’re considering divorce in Colorado, take these steps:

1. Gather your financial records. You’ll need tax returns, bank statements, pay stubs, property deeds, mortgage statements, retirement account statements, and credit card statements. Colorado’s mandatory disclosure requirements are strict — start organizing now.
2. Understand the 91-day timeline. The waiting period begins when you file and serve your spouse. Nothing you do can shorten it, so factor it into your planning.
3. Try to reach agreement early. An uncontested divorce in Colorado is dramatically cheaper and faster than a contested one. If you and your spouse can agree on property division, maintenance, and a parenting plan before filing, you’ll save thousands of dollars.
4. Sign up for the parenting class. If you have minor children, both parents must complete the class before finalization. Don’t let this become a bottleneck.
5. Talk to an attorney. Even in an uncontested divorce, having a lawyer review your separation agreement can prevent costly mistakes — particularly around property division, maintenance, and the parenting plan.

For more information, see our guides on contested vs. uncontested divorce, how much divorce costs, and how to file for divorce.

To discuss your situation with a qualified family law attorney, schedule a free consultation.

Frequently Asked Questions

Can I get a divorce in Colorado without my spouse’s consent?

Yes. Colorado is a no-fault state, and only one spouse needs to believe the marriage is irretrievably broken. If your spouse objects, the court may delay proceedings for 30 to 60 days and suggest counseling, but it will ultimately grant the divorce. Your spouse cannot prevent the divorce from happening — they can only contest the terms (property division, maintenance, custody).

How long does a divorce take in Colorado?

The minimum is 91 days from filing and service. An uncontested divorce can often be finalized within a few weeks after the waiting period expires — typically 3 to 4 months total. Contested divorces usually take 6 to 18 months. Complex or high-conflict cases with custody disputes or significant assets can stretch to two years or more.

How much does an uncontested divorce cost in Colorado?

An uncontested divorce in Colorado typically costs $2,500 to $7,500 total with attorney assistance, or $300 to $600 if you handle the paperwork yourself using the court’s standardized JDF forms. The main costs are the filing fee ($230) and attorney fees if you hire one. Many Colorado attorneys offer flat-fee packages for uncontested divorces.

Does Colorado require mediation?

Colorado does not mandate mediation by statute for all divorces, but individual judges frequently order it — especially in cases involving parenting disputes. Many counties have local rules encouraging or requiring mediation before trial. Even when not required, mediation is a cost-effective way to resolve disputes and is strongly recommended.

Does fault affect property division or maintenance in Colorado?

No. Colorado is a purely no-fault state. Marital misconduct like adultery, cruelty, or abandonment does not affect property division or spousal maintenance. The court divides property based on equitable factors and determines maintenance based on financial need and ability to pay. The one exception is dissipation of assets — if one spouse wasted marital money on gambling, an affair, or other reckless spending, the court can account for that.

What is the difference between legal separation and divorce in Colorado?

A legal separation follows essentially the same process as divorce and addresses all the same issues (property, maintenance, custody, support), but the marriage is not legally ended. Some couples choose legal separation for religious reasons, to maintain health insurance benefits, or because they’re uncertain about permanently ending the marriage. You can later convert a legal separation to a divorce.

How This Guide Was Researched

This guide was created by reviewing publicly available legal information from official state statutes, judiciary websites, court resources, and family law publications. The goal is to explain family law topics in plain English so readers can better understand the process before speaking with an attorney.

Sources and Legal References

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

• C.R.S. Section 14-10-106 — Dissolution of Marriage, Legal Separation, and Invalidity
• C.R.S. Section 14-10-113 — Disposition of Property
• C.R.S. Section 14-10-114 — Spousal Maintenance
• C.R.S. Section 14-10-115 — Child Support Guidelines
• C.R.S. Section 14-10-124 — Best Interests of Child
• C.R.S. Section 14-10-123.7 — Parenting Coordination and Parenting Classes

Official Colorado Resources

• Colorado Judicial Branch — Self-Help Center
• Colorado Judicial Branch — Divorce and Dissolution Forms
• Colorado Judicial Branch — List of Fees
• Colorado Judicial Branch — Child Support Information

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

Related Guides

Learn more about related family law topics:

• The Complete Guide to Divorce
• Parental Responsibilities in Colorado
• How Much Does Divorce Cost?
• Contested vs. Uncontested Divorce
• Legal Separation vs. Divorce
• Divorce Cost Estimator
• Child Support Calculator

Last updated: April 2026. This guide summarizes general legal information based on publicly available sources and is provided for educational purposes only. It does not constitute legal advice. For advice specific to your situation, consult a licensed attorney in your state.