Colorado keeps divorce simple — at least by legal standards. It's a no-fault state (they call it "irretrievable breakdown of the marriage"), and there's a 91-day waiting period from the date your spouse is served. Not the shortest, not the longest — just long enough to make sure you mean it.
What's interesting about Colorado is that it doesn't technically distinguish between "legal separation" and the beginning of a divorce. You can file for legal separation using the same forms and convert it to a divorce later if needed.
Quick Overview: Colorado Divorce
Colorado is a No-fault only state with Equitable Distribution for property division.
Key Facts About Colorado Divorce
- Residency requirement: 91 days
- Filing fee: 30
- Typical timeline: 6+ months
- Property division: Equitable Distribution
- Grounds: No-fault only
Step-by-Step: How to File for Divorce in Colorado
Step 1: Make Sure You Meet the Residency Requirement
To file for divorce in Colorado, you or your spouse must have been a resident of the state for 91 days before filing.
You'll need to prove residency with documents like a driver's license, voter registration, or lease agreement.
Step 2: Gather Required Documents
Before you file, collect:
- Marriage certificate (original or certified copy)
- Financial records: tax returns, pay stubs, bank statements, investment accounts
- Property records: deeds, mortgage statements, vehicle titles
- Debt information: credit cards, loans, mortgages
- Child custody information (if you have minor children): birth certificates, school records, childcare costs
Step 3: Complete the Divorce Forms
In Colorado, you'll need to complete:
- Petition for Dissolution of Marriage (or Complaint for Divorce) — The main form that starts the divorce process
- Summons — Legal notice to your spouse
- Financial affidavits — Income, expenses, assets, and debts
- Child custody and support forms (if applicable)
- Property division worksheets
You can get these forms from:
- Colorado court websites (search "Colorado divorce forms")
- Your local family court clerk's office
- Legal aid organizations in Colorado
Step 4: File Your Forms with the Court
Once your forms are complete, file them with the Colorado family court (also called circuit court, superior court, or district court depending on the county).
Filing Fee: 30 (non-refundable)
If you can't afford the filing fee, you can request a fee waiver by filing an Affidavit of Indigency or similar form showing financial hardship.
Pro Tip: File in the Right County
If you're in the Denver metro area, the court system handles a high volume of cases efficiently. Many counties have online filing options that can save you a trip to the courthouse.
Step 5: Serve Your Spouse
After filing, you must legally "serve" your spouse — meaning they must be officially notified of the divorce.
Colorado allows your spouse to sign a waiver accepting service, which is the fastest option for uncontested cases. If they won't cooperate, you'll need to use a process server or the sheriff's office.
In Colorado, acceptable methods include:
- Sheriff or process server — Most common method
- Certified mail (in some cases)
- Personal delivery by a non-party adult (not you)
- Acceptance of service — Your spouse signs a form acknowledging receipt
You cannot serve the papers yourself. You must use one of the approved methods under Colorado law.
Step 6: Wait for Your Spouse's Response
Once served, your spouse has a set amount of time (typically 20-30 days in Colorado) to file a response or answer.
If your spouse:
- Agrees with everything: The divorce can proceed as uncontested (faster and cheaper)
- Disagrees or contests issues: You may need mediation or a contested hearing
- Doesn't respond: You can request a default divorce (the court can grant the divorce without your spouse's input)
Step 7: Negotiate and Finalize Settlement
If both parties agree (uncontested divorce), you'll create a settlement agreement covering:
- Property division: Who gets what assets and debts
- Alimony/spousal support: If applicable
- Child custody and visitation: Legal and physical custody arrangements
- Child support: Calculated according to Colorado guidelines
Property Division in Colorado
Colorado follows Equitable Distribution, which means:
- Assets and debts are divided fairly (not necessarily 50/50)
- The court considers factors like length of marriage, income, contributions, and needs of each party
- Marital property (acquired during marriage) is divided; separate property (owned before marriage or inherited) typically stays with the owner
Step 8: Attend the Final Hearing (if required)
Depending on your county and case, Colorado may require a final hearing where:
- A judge reviews your settlement agreement
- You answer a few basic questions under oath
- The judge signs the final divorce decree
In some uncontested cases, Colorado allows the divorce to be finalized without a hearing if all paperwork is correct.
Step 9: Receive Your Divorce Decree
Once the judge approves, you'll receive a final divorce decree (also called Judgment of Dissolution). This is the official document ending your marriage.
The divorce is final on the date the decree is signed. You'll receive certified copies for your records.
You're Officially Divorced
Once the decree is signed, your marriage is legally dissolved. Follow through on any requirements in the decree (transferring property, changing beneficiaries, etc.).
How Long Does a Divorce Take in Colorado?
The timeline for divorce in Colorado depends on several factors:
- Uncontested divorce: 6+ months (if both parties agree)
- Contested divorce: 6-12+ months (or longer with complex disputes)
- Court backlog: Some counties have delays due to caseloads
How Much Does a Divorce Cost in Colorado?
DIY uncontested divorce: 30 filing fee + minimal costs for forms/service (under $500 total)
Attorney-assisted divorce: $3,000-$15,000+ (depends on complexity and attorney rates)
Contested divorce with trial: $15,000-$30,000+ (can be much higher with complex assets or custody disputes)
When to Hire a Lawyer
You should strongly consider hiring an attorney if:
- Your spouse is contesting the divorce
- You have significant assets or complex property division
- Child custody is disputed
- There's domestic violence or abuse
- Your spouse has hired a lawyer
For simple, uncontested divorces where both parties agree, you can file yourself and save thousands in legal fees.
Common Questions About Colorado Divorce
Do I need a lawyer to get divorced in Colorado?
Colorado's process is straightforward enough that many people handle uncontested divorces themselves. The courts provide good self-help resources. If you have complex property or a custody dispute, though, an attorney is worth the investment.
Can I get divorced in Colorado if my spouse doesn't agree?
Yes. Colorado doesn't require both parties to agree. One spouse asserting the marriage is irretrievably broken is enough. The other can dispute it, but the court will still grant the divorce after a period of time.
How is property divided in a Colorado divorce?
Colorado uses Equitable Distribution, which means the court divides marital property fairly (not necessarily equally). Separate property typically stays with the owner.
What if we have children?
Colorado uses "parental responsibilities" instead of "custody" — but it's the same concept. Courts here strongly encourage both parents to be involved. You'll need a parenting plan that covers decision-making and parenting time.
Can I go back to my maiden name?
Yes, you can request a name change as part of your divorce. Include it in your petition.
Next Steps
If you're ready to file for divorce in Colorado:
- Gather all required documents (marriage certificate, financial records)
- Download and complete the divorce forms from your Colorado court website
- File the forms with your local family court and pay the 30 filing fee
- Serve your spouse and wait for their response
- Follow through with the process until you receive your final divorce decree
Resources for Colorado Divorce
- Colorado Court System: Search "Colorado family court" for forms and instructions
- Legal Aid: Search "Colorado legal aid divorce" for free assistance if you qualify
- Self-Help Centers: Many Colorado courts have self-help centers for DIY filers