By Christie Nicholson, J.D. | Legally reviewed by John Mascolo, Esq. | Last reviewed June 17, 2024
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Not every marriage has a happy ending. Just as states have regulations on marriage, they also have legal requirements for divorce. Colorado law dictates how the divorce process works. Divorce laws determine whether you'll get alimony or child custody and the division of property in your divorce.
Here, we'll highlight the critical divorce laws in Colorado. We will also link Colorado laws on divorce-related matters like child support and allocating marital assets and debts.
If you still have questions about your divorce case, consult a skilled Colorado divorce attorney.
The following table outlines Colorado's divorce laws, including residency requirements, waiting periods, and grounds for divorce.
| Relevant Colorado divorce laws | Colorado Revised Statutes
|
|---|---|
| Residency requirements | You must live in Colorado for at least 91 days before you are eligible to divorce in the state. |
| Waiting period | The judge can't issue your divorce decree until 91 days after you file and receive service of your divorce papers. If either spouse denies the marriage is irretrievably broken, the court can continue the matter for anywhere between 35 and 63 days. See CRS 14-10-110. |
| No-fault grounds for divorce | Colorado is a "no-fault" divorce state. This means you don't have to prove any wrongdoing by either spouse. The only grounds for divorce is that the marriage is "irretrievably broken." |
| Defenses to a divorce filing | None |
| Other grounds for divorce | In the past, there were fault-based grounds for divorce, such as adultery, abandonment, or cruelty (domestic violence). Colorado no longer recognizes these traditional grounds for divorce. Your only option is to cite an irretrievable breakdown of the marriage. |
Note: State laws change all the time. It's important to verify the laws you are researching by conducting research or consulting an experienced Colorado family law attorney.
Colorado calls divorce a dissolution of marriage. Depending on the circumstances, a family court judge can grant a decree of dissolution or legal separation when a marriage has broken down and cannot be fixed.
Before filing your divorce petition, you must meet specific legal requirements. First, you must meet the State of Colorado's residency requirement. Colorado law states you must live in the state for at least 91 days (and intend to remain indefinitely) before filing for divorce proceedings.
Second, the family court judge must find that the marriage is irretrievably broken.
Finally, the Colorado courts impose a mandatory waiting period. This period of time must pass from the date of service or notice of the divorce filing until the entry of the final decree. In Colorado, the waiting period is 91 days.
Colorado is a no-fault divorce state. There are no grounds for divorce other than an irretrievable breakdown of the marriage. You must certify to the court that your marriage no longer works for you or your spouse. The Colorado family courts don't give you the option of blaming your spouse for the demise of your marriage.
You can include information about marital misconduct in your petition. In a contested divorce case, evidence of domestic violence or child abuse may be relevant to the court's decision on spousal maintenance, child custody, and equitable distribution of your assets and debts.
If you're lucky, you and your spouse are still getting along when it comes time to file for divorce. If you are, there's a good chance you can file an uncontested divorce. If you and your spouse agree on the terms of your divorce, the divorce will move faster and have fewer court hearings than in a contested divorce.
If you jointly file an uncontested divorce petition, you can submit a copy of your marital settlement agreement to the court. If the judge approves your agreement, they'll schedule a hearing date to issue your final divorce decree.
If you and your spouse can't agree on the material terms of your divorce, you must file a contested divorce petition. Some of the legal issues you and your spouse may disagree on include:
While your case is pending, your divorce attorney will continue negotiating with your spouse's divorce lawyer. Often, a court may issue temporary orders while you await a trial date. The court may also order the parties to try to reach an out-of-court settlement through mediation or another alternative dispute resolution program.
If the parties can't agree, the case will go before the judge. The judge will then decide and issue permanent orders in your divorce decree.
You'll want to settle your case by agreement because you have some semblance of control. Once your case is in the judge's hands at trial, you may testify, present other evidence, and argue your view of the case. But the judge will determine the outcome.
Deciding to end your marriage is hard. It may be the toughest decision you ever make. One way to make the divorce process easier is to hire an experienced Colorado divorce lawyer. Not only do they know the divorce laws in Colorado, they know how to navigate the family courts.
If your spouse hires a divorce attorney, you should consider doing the same. An unrepresented party often feels disadvantaged when the other party has counsel. The judge won't take pity on you for not having a lawyer.
Contact a qualified attorney.
Get tailored divorce advice and ask a lawyer questions. Many attorneys offer free consultations.
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