Filing for divorce in Colorado requires understanding the state’s specific residency requirements, grounds, waiting periods, and property division rules. This comprehensive Colorado divorce guide walks you through every step of the process — from meeting eligibility requirements to finalizing your decree. Whether you are considering an uncontested divorce, navigating property division, or understanding your rights, this guide covers the key Colorado divorce laws you need to know.
All information verified against Colorado statutes and official court resources as of April 2026.
In This Colorado Divorce Guide:
Colorado Divorce Filing Requirements
Before you can file for divorce in Colorado, you must meet these requirements:
| Residency Requirement | At least 91 days — one or both spouses must have lived in Colorado for a minimum of 91 days before filing |
| Filing Fee | $230 |
| No-Fault Grounds | Yes — Colorado is a purely no-fault state. The sole ground is that the marriage is “irretrievably broken” under C.R.S. § 14-10-106. Neither spouse must prove wrongdoing. |
| Waiting Period | 91 days — mandatory cooling-off period from the date the petition is filed and served on the other party. The court cannot waive or shorten this period under any circumstances. |
| Separation Requirement | NONE — Colorado does not require spouses to live apart or be legally separated before filing for divorce. A petition can be filed while still living together. |
| Property Division | Equitable distribution |
| Uncontested Available | YES |
| Online Filing | YES — Colorado Courts E-Filing system allows electronic filing for domestic relations cases. Available statewide for attorneys; non-attorney e-filing is available in select counties (Arapahoe, El Paso, Teller, Moffat, Routt, Grand, Larimer, and others). In-person filing is available at all courthouses. |
Residency: At least one spouse must have been a resident of Colorado for At least 91 days — one or both spouses must have lived in Colorado for a minimum of 91 days before filing before filing. You file in the county where either spouse resides.
Colorado Fault-Based Divorce Grounds
In addition to no-fault divorce, Colorado allows divorce on these fault-based grounds:
- NONE — Colorado is a pure no-fault state. Fault-based grounds such as adultery
- cruelty
- or abandonment are not recognized and are not considered in property division or spousal maintenance.
Filing on fault grounds may affect property division, alimony, or custody decisions in some Colorado courts. However, most divorces in Colorado proceed on no-fault grounds because they are simpler and faster.
Step-by-Step Colorado Divorce Process
- Meet residency requirements: Confirm you or your spouse has lived in Colorado for the required period.
- Prepare your petition: Complete the Petition for Dissolution of Marriage (or equivalent Colorado form). Include grounds, requests for property division, custody, and support.
- File with the court: Submit your petition to the circuit/family court in the appropriate county. Pay the filing fee (approximately $230).
- Serve your spouse: Your spouse must be formally served with divorce papers via sheriff, process server, or certified mail (rules vary by Colorado county).
- Response period: Your spouse has a set number of days (typically 20-30) to file a response.
- Negotiation/discovery: Spouses exchange financial information and negotiate terms on property, custody, and support.
- Mediation: If required or agreed upon, attend mediation to resolve disputed issues.
- Waiting period: 91 days — mandatory cooling-off period from the date the petition is filed and served on the other party. The court cannot waive or shorten this period under any circumstances. must pass before the divorce can be finalized.
- Final hearing/decree: The judge reviews and approves the settlement agreement or makes rulings on contested issues. The divorce decree is entered.
Mediation: Colorado requires mediation for certain divorce issues before proceeding to trial. Mediation can reduce costs and help spouses reach agreements on property, custody, and support issues.
Parenting class: Colorado requires divorcing parents with minor children to complete a court-approved parenting education class. These classes cover the impact of divorce on children and co-parenting strategies.
Colorado Property Division
Colorado follows equitable distribution for dividing marital property. This does not necessarily mean 50/50 — the court divides assets fairly based on factors including the length of the marriage, each spouse’s income and earning potential, contributions to marital property, and the needs of each party.
Colorado courts divide marital property in a manner deemed fair but not necessarily equal. Factors considered include: each spouse’s contribution to acquiring marital property (including homemaker contributions), the value of property set apart to each spouse, the economic circumstances of each spouse at the time of division, and any increases or decreases in value of separate property during the marriage. Separate property (pre-marital assets, inheritances, gifts to one spouse) is generally excluded from division.
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Key assets to consider: Real estate, retirement accounts (401k, pensions, IRAs), business interests, vehicles, investment accounts, debts, and personal property. Some assets may require professional appraisal or a Qualified Domestic Relations Order (QDRO) for retirement account division.
How Long Does Divorce Take in Colorado?
Uncontested divorce: 3 to 6 months from filing to final decree (minimum 91 days due to mandatory waiting period; most simple cases finalize in about 4 months)
Contested divorce: 6 to 18 months on average; complex cases involving custody disputes or significant assets can take 18 to 24 months or longer
These timelines are approximate. Court backlogs, complexity of issues, and whether children are involved can significantly affect the actual duration.
Uncontested Divorce in Colorado
An uncontested divorce in Colorado is available when both spouses agree on all major issues: property division, child custody, child support, and alimony. Both spouses must agree on all major issues including property division, debt allocation, spousal maintenance, and (if applicable) parenting time, decision-making responsibility, and child support. Both parties sign a separation agreement and submit it to the court for approval.
Benefits of uncontested divorce include lower attorney fees, faster resolution, less emotional stress, and greater privacy since contested hearings are public.
Colorado Divorce Costs
Divorce costs in Colorado vary widely based on complexity:
| Type | Estimated Cost Range |
|---|---|
| Filing Fee | $230 |
| Uncontested (no attorney) | $300 – $1,500 |
| Uncontested (with attorney) | $1,500 – $5,000 |
| Contested (with attorney) | $5,000 – $30,000+ |
| Mediation | $2,000 – $8,000 |
Fee waivers may be available for low-income filers. Contact the court clerk in your county for fee waiver applications.
Additional Colorado rules: Colorado recognizes common-law marriages (one of few states that still does); common-law marriages require the same divorce process to dissolve. If children are involved, they must have resided in Colorado for at least 6 months (or since birth if under 6 months) before the court can address custody/parenting issues. A legal separation can be converted to a divorce after 6 months. The responding spouse pays an additional 116 dollar response fee if filing a formal answer.
Official Sources & Resources
- Colorado Courts: https://www.coloradojudicial.gov/self-help/divorce-and-separation
- Legal Aid: https://www.coloradolegalservices.org
- Cornell LII — Family Law: law.cornell.edu
- NCSL Divorce Laws: ncsl.org
This Colorado divorce guide was last verified against official sources in April 2026. If you notice outdated information, please contact us.