Colorado Divorce Laws

Colorado Divorce Lawyers

Trusted Guidance Through Divorce, Custody, and Family Transitions

A divorce in Colorado begins with a Petition for Dissolution of Marriage and ends with a court order that divides property, addresses parenting decisions, and may include support. Colorado is a no-fault state, which means you do not have to prove wrongdoing to end a marriage. What you do need is a clear understanding of the process, accurate financial information, and informed decisions on every issue the court will need to approve.

Divorce is one of the most consequential legal decisions you will ever make. It reshapes your finances, your parenting schedule, and your future planning at the same time. The choices you make in the first thirty days often shape the next year of your life: what you file, what you preserve, what you agree to, and what you contest. This page walks through how the process works, what Colorado law requires, and how Johnson Law Group helps clients move forward with clarity.

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How the Divorce Process Works in Colorado

Colorado uses a no-fault dissolution system. To open a case, one spouse files a Petition for Dissolution of Marriage in the district court of the county where either spouse resides. To file in Colorado, at least one spouse must have lived in the state for 91 days before the Petition is filed. After the Petition is served, Colorado law also requires a 91-day waiting period before the court can enter a final decree.[1] A Colorado divorce resolves four main areas. Some are reached by agreement, some require a contested hearing, and most cases land somewhere in between:
  • Property and debt division under equitable distribution principles.
  • Spousal maintenance when one spouse needs financial support.
  • Allocation of parental responsibilities for couples with children, including decision-making and parenting time.
  • Child support calculated under Colorado’s income-shares model.
A clean filing strategy and an organized financial picture early in the case tend to predict how the rest of the case unfolds. Some issues are resolved by agreement; others require a contested hearing; most cases land somewhere in between.

What Colorado Courts Consider in a Divorce

Colorado judges decide divorce issues by applying state statutes that lay out specific factors. The standards differ depending on the issue in front of the court.

Property and debt division

Colorado is an equitable distribution state, not a community property state. Equitable means fair, not necessarily equal. Courts weigh factors that include:[2]
  • Each spouse’s contribution to the marital estate, including contributions as a homemaker.
  • The value of property set apart to each spouse.
  • The economic circumstances of each spouse at the time of division.
  • Any increase or decrease in the value of separate property during the marriage.

Spousal maintenance

Colorado applies an advisory formula to marriages between three and twenty years when the parties’ combined annual adjusted gross income is at or below the statutory threshold. Outside those thresholds, the court applies broader statutory factors with full discretion, and for marriages of more than twenty years can award maintenance for an indefinite period. In every case, courts also consider the parties’ financial resources, the lifestyle established during the marriage, the duration of the marriage, the age and health of each spouse, and earning capacity.[3]

Decisions involving children

Colorado uses a best-interests-of-the-child standard for parenting decisions. Factors include the child’s relationship with each parent, each parent’s ability to support the child’s relationship with the other parent, the child’s adjustment to home and school, the mental and physical health of all involved, and any history of domestic violence.[4]

Child support

Colorado applies an income-shares formula. The calculation looks at both parents’ gross incomes, the number of overnights with each parent, the cost of health insurance for the child, and any work-related child care.[5]

Types of Divorce in Colorado

Colorado offers several pathways to dissolve a marriage. The right one depends on how much agreement exists between the spouses, how complex the assets are, and how the couple wants to handle conflict.

Uncontested Divorce. When both spouses agree on every issue (property, parenting, support), the uncontested divorce process in Colorado moves through the court on a streamlined track. This is the fastest and least expensive option, and most uncontested cases can finalize without a contested hearing once the paperwork is filed correctly.

Contested Divorce. When spouses cannot agree on one or more issues, a contested divorce in Colorado proceeds through discovery, motions, and potentially a contested hearing in front of a judge. These cases take longer and require more preparation, but they exist for the situations where compromise breaks down.

Legal Separation. Some couples want court orders on property and parenting without ending the marriage itself. Legal separation in Colorado divides property, sets parenting orders, and can award support, while the parties remain legally married. This pathway often makes sense for religious, financial, or insurance reasons.

Divorce Mediation. Many Colorado courts require some form of mediation before a contested hearing. Divorce mediation in Colorado puts a neutral third party between the spouses to help them reach agreement on disputed issues. It is often faster and less expensive than litigation, even in cases that begin contested.

Collaborative Divorce. Collaborative divorce in Colorado is a structured, out-of-court process where both spouses, both lawyers, and sometimes financial or mental health professionals work together to resolve every issue. If the collaborative process breaks down, both lawyers withdraw, which gives everyone a strong incentive to keep working.

How Long a Colorado Divorce Takes

Colorado law sets a minimum waiting period of 91 days from the date the Petition is served (or the date both parties sign a co-petition) before the court can issue a final decree. That 91 days is the minimum, not a typical timeline.[1]

In practice, an uncontested Colorado divorce can wrap up close to that 91-day mark when both spouses agree on every issue, finances are straightforward, and the paperwork is filed correctly. Contested cases routinely take 6 to 12 months. Complex high-asset, high-conflict or military divorce cases cases can take longer.

Several factors drive the timeline:

  • Whether children are involved. Parenting plans require additional disclosures, sometimes a parenting class, and often mediation.
  • The complexity of the marital estate. Business interests, retirement accounts, real estate holdings, and commingled separate property all require valuation and analysis.
  • How quickly each side produces financial disclosures. Colorado requires sworn financial statements and supporting documentation. Delays here delay everything.
  • County court schedules. Hearing availability varies by county.

At Johnson Law Group, we believe that divorce shouldn’t define your future—it should position you for growth and healing. Let our family help yours. 

Contact us today to schedule a consultation and begin the journey toward your next chapter.

Your Rights in a Colorado Divorce

Colorado law gives both spouses a defined set of rights during the divorce process. Knowing them protects you from being pressured into an agreement that does not reflect what you are entitled to.

  • A fair division of marital property. Colorado courts apply equitable distribution to assets and debts acquired during the marriage, regardless of whose name is on the title.
  • Full financial disclosure from your spouse. Both spouses must produce sworn financial statements and supporting documents. A spouse who hides assets or income can face sanctions.
  • Temporary orders while the case is pending. Either spouse can ask the court for temporary parenting time, child support, spousal maintenance, or use of the home.
  • Legal representation at every stage. You do not have to face the process alone, and you do not have to communicate with your spouse directly if you do not want to.
  • Protective orders in cases involving abuse. Colorado courts can issue civil protection orders that restrict contact, address firearms, and assign temporary use of a residence.

When a divorce involves repeated litigation, contested motions, or safety concerns, the case often belongs in a different track. High-conflict divorce in Colorado calls for stronger procedural protections, more frequent court intervention, and a different approach to discovery and disclosure than a routine case requires.

Common Mistakes in Colorado Divorce Cases

Some early decisions are difficult to undo. Knowing what tends to go wrong gives you a chance to avoid it.

Moving out of the family home without a plan

What feels like the right move emotionally can affect how a court later views temporary parenting time and use of the home. Talk through this decision with an attorney before acting on it.

Underestimating retirement accounts and deferred compensation

A 401(k), pension, or stock-option grant earned during the marriage is generally marital property in Colorado. Skipping a careful valuation here is one of the most expensive mistakes spouses make.

Moving money or selling assets after the case is filed

The moment a Petition for Dissolution is filed, Colorado’s automatic temporary injunction takes effect. It immediately restricts both spouses from selling, transferring, encumbering, or unreasonably spending marital assets, and from canceling insurance policies. Violating it can lead to sanctions and unfavorable inferences. Talk with your attorney before making any significant financial move once the case is open.[6]

Treating the parenting plan as a paperwork formality

Colorado courts expect a detailed parenting plan that addresses regular schedules, holidays, decision-making, transportation, and dispute resolution. Vague plans create future conflict.

Posting about the case on social media

Anything you post can become evidence. So can what your spouse posts. Colorado lawyers see this play out in court regularly.

Signing an agreement before fully understanding the financial picture

A property settlement is hard to undo once entered. Read it carefully. Ask questions. If anything is unclear, slow down.

How Johnson Law Group Helps Colorado Families Through Divorce

Johnson Law Group represents clients in Colorado divorce cases from offices across the state, with locations in Denver, Colorado Springs, Commerce City, Fort Collins, and Englewood. The firm acts as a North Star throughout the process, giving clients a clear view of where the case stands, what comes next, and what each decision means for their long-term picture.

The family law team handles the full range of Colorado divorce matters, from straightforward uncontested cases to high-asset and high-conflict litigation. Attorneys bring experience with executive compensation, business valuation, and interstate jurisdictional issues, which matters when the case involves anything beyond a simple separation.

What working with Johnson Law Group looks like:

  • A free consultation with an attorney so you can ask questions before deciding anything.
  • A clear strategy and roadmap built around your goals and the specific facts of your case.
  • An advanced client portal that gives you transparency into your case, billing, and key milestones at no additional cost.
  • Direct, candid communication. Honest assessments of risk and timing. No guarantees about specific results.
  • Virtual and in-person consultations so you can choose what fits your schedule.

The firm offers Spanish-language consultations and serves clients across the Front Range, the Denver metro area, and Northern Colorado.

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Frequently Asked Questions

Do I need a reason to get divorced in Colorado?

No. Colorado is a no-fault state. You only need to state that the marriage is irretrievably broken. Fault-based grounds are not required and generally have no effect on property division or support.

At least one spouse must have lived in Colorado for 91 days before the Petition for Dissolution of Marriage is filed. The same 91-day rule applies as a waiting period after the Petition is served before a final decree can be entered. If your case involves minor children, Colorado courts also need the children to have lived in the state for 182 days before they can rule on parenting matters.

No. Colorado is an equitable distribution state. Courts divide marital property fairly, which often means roughly equal but not always. The split depends on the factors set out in state law and the specific facts of the marriage.

Colorado does not use the term “custody” in its statutes. The state uses “decision-making responsibility” (formerly legal custody) and “parenting time” (formerly physical custody). These can be allocated jointly or to one parent.

Often, yes. If you and your spouse reach a full agreement on every issue, the case can be resolved largely through paperwork and a brief decree hearing. Many Colorado courts allow that final step to happen without an in-person appearance.

Colorado uses an income-shares formula that considers both parents’ gross incomes, the number of overnights with each parent, health insurance, and work-related child care.

Spousal maintenance in Colorado is not automatic. Courts apply an advisory formula for marriages between three and twenty years when combined adjusted gross income is at or below the statutory threshold, and consider broader factors in every case.

Court filing fees are set by the state and updated periodically. Attorney’s fees vary based on the complexity of the case and how contested the issues are. Johnson Law Group offers

Sources:

[1] C.R.S. § 14-10-106 (Dissolution of marriage; legal separation; residency and waiting period). | https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-14.pdf  
[2] C.R.S. § 14-10-113 (Disposition of property). | https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-14.pdf  
[3] C.R.S. § 14-10-114 (Spousal maintenance). | https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-14.pdf  
[4] C.R.S. § 14-10-124 (Allocation of parental responsibilities; best interests of the child). | https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-14.pdf  
[5] C.R.S. § 14-10-115 (Child support guidelines). | https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-14.pdf  
[6] C.R.S. § 14-10-107 (Commencement of proceedings; automatic temporary injunction). | https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-14.pdf

Hear From Our Happy Clients

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“Myles helped me resolve custody quickly and in a way that all parties were happy.”

Myles is very professional and well informed in his field. Cassidy their paralegal was also extremely helpful and client driven . 5 stars!

– Stevie

"Helped me through a difficult divorce and made what i thought was going to be an impossible process so much easier."

Very professional, and caring. Everything was handled well, they listened to all my concerns, and responded in a timely manner. I would highly recommend using Johnson Law Group, they are amazing!

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He was responsive, efficient, and coordinated well with my wife’s attorney. Very happy with the final result.

– Nick

"My experience with the Johnson Law Group has been nothing more than spectacular."

From the initial phone call I spoke to Myles Johnson, he gave great direction on how to proceed. Then acquiring the firm as my legal representation I worked with Said and he helped me step by step to get what I was looking for. I have already recommended two different individuals I know to Johnson Law Group and will be using them for all future situations. From the legal team to Cory at the front desk, everyone at the firm is top-notch.

– Brady M.

"I'm extremely proud of the most professional and considerate Johnson Law Group."

l appreciate all the help my attorney and paralegal has done for me in the best interest of my daughters future. They’re all most knowledgeable, caring law group! I couldn’t have done it without their genuine support on representing my case(s). I’m grateful for all they have done for my daughter and I.

– Bonnita

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