Colorado Divorce Laws (2026): Grounds, Residency, and Process

To get a divorce in Colorado, one spouse must state that the marriage is irretrievably broken. At least one party must have been domiciled in Colorado for the 91 days before filing. No separation period is required, but the court cannot enter a decree until at least 91 days after it acquires jurisdiction over the respondent (through service of process or the respondent's appearance), and that waiting period cannot be waived.

Grounds for divorce in Colorado

Colorado eliminated all fault-based divorce grounds decades ago. Under C.R.S. 14-10-106, the sole ground for dissolution of marriage is that the marriage is irretrievably broken. This is a pure no-fault standard: one spouse's assertion that the marriage is irretrievably broken is legally sufficient. The other spouse cannot prevent a divorce by denying that the marriage is broken.

If one party denies under oath or affirmation that the marriage is irretrievably broken, C.R.S. 14-10-110(2) requires the court to consider all relevant factors, including the circumstances that gave rise to the filing of the petition and the prospect of reconciliation. The court then either makes a finding on whether the marriage is irretrievably broken or continues the matter for a further hearing not less than 35 days nor more than 63 days later, and it may suggest that the parties seek counseling. At that adjourned hearing the court must make a finding on whether the marriage is irretrievably broken. In practice, Colorado courts accept one spouse's testimony as sufficient.

Colorado does not recognize fault-based grounds such as adultery, cruelty, desertion, or habitual drunkenness. A spouse's misconduct generally does not factor into whether a divorce is granted, though it may in limited circumstances affect property division or maintenance decisions.

Residency requirement

To file for divorce in Colorado, the court must find that one of the parties has been domiciled in Colorado for the 91 days immediately preceding the commencement of the proceeding (C.R.S. 14-10-106(1)(a)(I)). The statute uses the word "domiciled," not "resident," and the difference matters: domicile means physical presence in Colorado combined with the intent to make Colorado your permanent home, so living in the state temporarily while intending to return elsewhere does not satisfy the requirement. There is no requirement that the filing spouse have lived in a particular county for any minimum period before filing.

Colorado divorce cases are heard in the District Court of the county where the petitioner resides. If both spouses live in Colorado in different counties, the petition is generally filed in the county where one of them resides.

Because the test is domicile, being stationed in Colorado on active duty does not by itself satisfy the 91-day requirement. A service member who is assigned to a Colorado post but who intends to return to a home state elsewhere has not established Colorado domicile. A service member who does treat Colorado as their permanent home can meet the requirement like any other party, and courts look at the usual objective indicators of intent, such as voter registration, a Colorado driver's license, vehicle registration, and where the person pays taxes and plans to remain after service.

Waiting period and separation

These two concepts are distinct in Colorado, and it is important not to confuse them.

The waiting period in Colorado runs from when the court acquires jurisdiction over the respondent, not from the filing date. Under C.R.S. 14-10-106, the court may not enter a decree of dissolution until at least 91 days have elapsed since it acquired jurisdiction over the respondent, either through service of process or through the respondent joining the petition or otherwise entering an appearance. If service is delayed after filing, the earliest possible decree date is later than 91 days from filing. This waiting period is mandatory and cannot be waived, even if both spouses are in complete agreement and ready to finalize everything sooner.

There is no separation requirement in Colorado. Spouses are not required to live apart before filing for divorce, and there is no minimum period of physical separation that must be established as part of the grounds. You can file for divorce the day after deciding to do so (assuming you meet the 91-day residency requirement), and you and your spouse may continue living in the same home during the proceedings.

Because the 91-day waiting period cannot be waived, the fastest possible Colorado divorce takes just over three months from when the respondent is served or appears in the case, which can be later than the filing date. Uncontested divorces with full agreements are often resolved at or shortly after the 91-day mark measured from that jurisdictional date. Contested cases involving property disputes, maintenance, or parenting disputes routinely take longer.

How property is divided

Colorado is an equitable distribution state. Unlike community property states (such as California, Texas, and Washington), Colorado does not divide marital property 50/50 as a default. Instead, a Colorado court divides marital property in whatever manner is deemed equitable, meaning fair, given the totality of the circumstances.

Factors Colorado courts consider include each spouse's economic circumstances at the time of division, contributions to acquiring the marital property (including contributions as a homemaker), the value of each spouse's separate property, how long the marriage lasted, and whether one spouse gave up career or education opportunities for the other.

Marital property includes most assets and debts acquired by either spouse during the marriage, regardless of whose name is on the title. Separate property, meaning property owned before marriage or received as an individual gift or inheritance during the marriage, is generally not subject to division. However, any increase in the value of separate property during the marriage is marital property. Under C.R.S. 14-10-113(4), an asset acquired before the marriage, or by gift or inheritance, counts as marital property "to the extent that its present value exceeds its value at the time of the marriage or at the time of acquisition if acquired after the marriage." That applies regardless of whether the other spouse did anything to cause the increase. Whether a spouse contributed to the growth is a factor the court weighs when deciding how to divide the marital estate under C.R.S. 14-10-113(1)(d), not a condition for treating the appreciation as marital in the first place.

If both spouses agree on how to divide their property and debts, they can submit a separation agreement to the court. Courts generally approve agreements that are not grossly unfair or the product of fraud.

Alimony, custody, and child support

Colorado divorce proceedings often include decisions about spousal maintenance (alimony), allocation of parental responsibilities (child custody), and child support. These issues are all handled in the same District Court dissolution proceeding.

Spousal maintenance in Colorado is governed by updated guidelines that took effect with various 2024 amendments. The guidelines establish a formula based on the parties' incomes and the length of the marriage, but courts retain discretion. For marriages under 3 years, maintenance is rarely awarded. For marriages of 20 years or more, maintenance may be indefinite. See our Colorado alimony laws page for a detailed breakdown.

Colorado uses the term "allocation of parental responsibilities" instead of child custody. Courts consider the best interests of the child, with a preference for both parents remaining actively involved. Child support is calculated using the Colorado income shares model. Estimate your payment with our Colorado child support calculator. For more, see our Colorado child custody laws and Colorado child support laws pages.

How to file for divorce in Colorado

Filing for divorce in Colorado begins with confirming that at least one spouse has been domiciled in Colorado for 91 days. The petitioning spouse then completes a Petition for Dissolution of Marriage (JDF 1101) and files it with the District Court clerk in the appropriate county, along with a Summons (JDF 1102) and Case Information Sheet. Filing fees vary by county but are typically in the range of $230 to $250. Fee waivers are available for those who qualify based on income.

After filing, the other spouse must be formally served with the petition and summons. The respondent has 21 days (35 days if served outside Colorado) to file a Response. Both parties must also complete and exchange mandatory financial disclosures (JDF 1125), which require each spouse to disclose income, expenses, assets, and debts within 42 days of the respondent's appearance.

If the spouses reach a complete agreement on all issues, including property division, maintenance, and parenting responsibilities, they can submit a Separation Agreement (JDF 1115) and Parenting Plan (if children are involved). The court will review these documents and, if everything is in order, schedule a brief uncontested hearing or approve the agreement without a hearing once the 91-day waiting period has elapsed.

If issues are contested, the case proceeds through mediation (required in most Colorado jurisdictions before setting a contested hearing), pre-trial conferences, and potentially a trial before a judge. Once all issues are resolved and the 91-day period has passed, the court enters the Decree of Dissolution of Marriage, which ends the marriage.

This article is general legal information, not legal advice. Divorce law varies by state and depends on the specific facts of your marriage. For advice about your situation, consult a licensed family-law attorney in Colorado.

For a broader overview, visit the Divorce Laws by State hub. For related Colorado topics, see Colorado alimony laws, Colorado child custody laws, and Colorado child support laws.

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