How Long a Colorado Divorce Takes: The 91-Day Waiting Period

Divorce is a complicated journey, and understanding the legal requirements in Colorado is crucial to navigating it effectively. One requirement shapes every timeline: the court cannot enter a decree until at least 91 days have passed. Colorado does not require spouses to live apart or legally separate before filing.

What Is the 91-Day Waiting Period?

Under state law, the court can enter a Colorado divorce decree only after at least 91 days have passed since it acquired jurisdiction over the responding spouse.¹ This period serves as a cooling-off phase, designed to give both parties time to reconsider their decision and confirm that divorce is the right course. During this time:

• The court will not finalize the divorce, even if all other aspects, such as asset division and child custody, have been agreed upon.
• The 91 days start when the respondent (the other spouse) is served, or on the filing date when both spouses sign and file together as co-petitioners. A respondent who signs a waiver and acceptance of service or enters an appearance also starts the clock.
• This period is mandatory, and the court cannot waive or shorten it, regardless of the circumstances.

Why Does Colorado Require a 91-Day Waiting Period?

The primary reason for the 91-day waiting period is to provide a window of opportunity for reconciliation. Divorce is a life-altering decision, and Colorado wants both parties to have time to reflect on their choices and explore alternatives to ending their marriage. This period can also help alleviate some of the emotional stress associated with divorce by giving both parties time to adjust to the reality of their situation.

Reconciliation can come up again later in the case. If one spouse denies under oath that the marriage is irretrievably broken, the court can continue the case for 35 to 63 days and suggest counseling before deciding.²

Additionally, the waiting period allows for:

• Negotiations: Discussing asset division, alimony, child custody, or other significant matters.
• Structured Conversations: Making decisions thoughtfully and without the pressure of an immediate deadline.

How Does the 91-Day Waiting Period Work?

Once the court has jurisdiction over both spouses, the 91-day period runs. There are several events that can take place during and after this time.

• Temporary Orders: The court has the power to issue temporary orders early in the process. These orders address immediate concerns such as living arrangements, child custody, spousal support, and the use of marital assets. Temporary orders help maintain stability until the divorce is final.
• Discovery Process: The waiting period is often used to gather and exchange information between the spouses. This process, known as discovery, involves disclosing financial information, assets, debts, and other relevant details. Discovery keeps the process transparent and helps both parties make informed decisions.
• Mediation: If disputes arise during the waiting period, mediation may be recommended or required. A neutral third party helps facilitate discussions and negotiations between the spouses. It is an opportunity to resolve disagreements without going to trial, which can save time and money.
• Parenting Classes: Courts can order parents of minor children to complete a parenting education class, and judicial districts run or approve the programs.³ The classes cover the impact of divorce on children and co-parenting skills, and parents often finish them during the waiting period.
• Preparation for Finalization: As the waiting period nears its end, both parties, along with their attorneys, begin preparing for the finalization of the divorce. This includes drafting the final divorce decree, which outlines the divorce terms, including the division of assets, custody arrangements, and support obligations.

Wondering how long your own case is likely to take? Johnson Law Group offers a no-pressure consultation to walk through your timeline, so schedule a consultation before you file.

What Happens After the 91-Day Waiting Period?

The court can finalize the divorce once the 91-day waiting period has elapsed. However, each case is different, and oftentimes, it takes longer to finalize the divorce. Several factors influence how long a Colorado divorce takes to finalize, including:

• The complexity of the case
• The level of cooperation between the spouses
• The court’s schedule
• Contested parenting arrangements
• A business or other complex assets that need valuation
• Incomplete or late financial disclosures
• A request for a child and family investigator or a parental responsibilities evaluator

Duration is a range driven by choices, not a promise. An uncontested case with complete disclosures and an agreed plan can finish close to the 91-day minimum. A case with contested parenting or valuation disputes runs considerably longer, because each disputed issue adds a round of disclosure, negotiation, and often a hearing.

If both parties agree on all the issues, they can submit a settlement agreement to the court. The judge will go over the agreement, and the divorce will be finalized if it meets the state’s legal requirements. In cases where disputes remain unresolved, the court may schedule a hearing or trial to address the outstanding issues.

It’s important to note that the 91-day waiting period is a minimum requirement. The divorce process can take much longer in some cases, particularly those involving complex financial matters or contentious custody disputes. Patience and a willingness to negotiate are essential during this time.

The Role of Johnson Law Group

At Johnson Law Group, we understand that the waiting period can be a time of uncertainty and emotional turmoil. Our family law attorneys are here to guide you through every step of the process. From filing the divorce petition to negotiating a fair settlement, we are committed to:

• Protecting your rights
• Giving you a clear read on your timeline and options

Our team has extensive experience handling divorce cases in Colorado, and we understand the nuances of the state’s divorce laws. Whether you’re concerned about asset division, child custody, or alimony, we will address your concerns and advocate for your interests.

Contact Our Team Today

The 91-day waiting period is just the beginning of the divorce process. How you use that time to prepare, negotiate, and protect your interests can shape your case. The Colorado family law attorneys at Johnson Law Group will guide you through every stage, so you always know where your case stands and what comes next.

Schedule a free consultation through our Colorado offices, and we will serve as your North Star from here.

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