Divorce, legally known as "dissolution of marriage" in Colorado, marks a significant life transition. While it can be emotionally challenging, understanding the legal framework can empower you to make informed decisions for your future. This guide provides an overview of the divorce process in Colorado.

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Is Colorado a "No-Fault" Divorce State?

Yes, Colorado is a "no-fault" divorce state. This means that to obtain a divorce, you do not need to prove fault or wrongdoing (such as adultery or cruelty) by either spouse. The only legal requirement is that the marriage is "irretrievably broken," meaning there's no reasonable prospect of reconciliation. This simplifies the process by reducing the need to assign blame, often leading to a more streamlined and less confrontational dissolution.

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Residency Requirements

Before filing for divorce in Colorado, at least one spouse must have resided in the state for a minimum of 91 days. If minor children are involved, the children must have lived in Colorado for at least 182 days (or since birth if younger than six months) for the Colorado courts to have jurisdiction over parental responsibility matters.

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The Divorce Process: Key Steps

While every divorce is unique, the general steps involved in a Colorado dissolution of marriage typically include:

1. Filing the Petition: The divorce process begins when one spouse (the Petitioner) files a "Petition for Dissolution of Marriage" with the court. If both spouses agree on the divorce and its terms, they can file a joint petition as "Co-Petitioners," which can expedite the process.

2. Service of Process or Waiver: If only one spouse files, the other spouse (the Respondent) must be formally served with the divorce papers. The Respondent then has 21 days to file a response. Alternatively, the Respondent can sign a "Waiver and Acceptance of Service" to acknowledge receipt of the documents.

3. Financial Disclosures: Both parties are required to provide comprehensive financial disclosures. This includes detailed information about income, expenses, assets (like real estate, bank accounts, retirement funds), and debts. These disclosures are crucial for the equitable division of marital property and determining spousal maintenance and child support.

4. Temporary Orders (If Needed): During the divorce proceedings, temporary orders may be established to address immediate needs. These can cover issues such as temporary living arrangements, child custody (parental responsibilities), child support, spousal maintenance, and who pays certain bills. These orders are not final and expire once permanent orders are entered.

5. Discovery (If Contested): In contested divorces, parties may engage in "discovery" to gather more information. This can involve written questions (interrogatories), requests for documents, and depositions.

6. Mediation: Most Colorado divorce cases require or strongly encourage mediation. A neutral third party (mediator) helps spouses communicate and negotiate a settlement agreement on all outstanding issues, such as property division, parental responsibilities, child support, and spousal maintenance. Mediation often helps avoid lengthy and costly court battles.

7. Permanent Orders Hearing (Trial): If the parties cannot reach a full agreement through mediation or negotiation, the case will proceed to a Permanent Orders Hearing (often referred to as a trial). A judge will hear evidence from both sides and make final decisions on all unresolved issues, issuing a "Decree of Dissolution of Marriage" and outlining the final orders.

8. 91-Day Waiting Period: Colorado law mandates a minimum 91-day waiting period from the date of filing and service (or waiver) before a divorce decree can be finalized. Even if an agreement is reached quickly, the divorce cannot be finalized before this period expires.

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Key Considerations in Colorado Divorce

• Parental Responsibilities (Child Custody): Colorado law uses the terms "parental responsibilities" instead of "child custody." This encompasses "parenting time" (physical care and schedule) and "decision-making responsibility" (authority for major decisions regarding a child's health, education, and welfare). The court's paramount consideration in all decisions involving children is the "best interests of the child." Colorado courts generally favor arrangements that allow both parents to be actively involved in the child's life.

• Child Support: Child support is calculated based on statutory guidelines that consider both parents' incomes, the number of overnights each parent has with the children, and other factors like healthcare and childcare costs.

• Division of Marital Property and Debt: Colorado is an "equitable distribution" state. This means that marital property and debt (assets and debts acquired during the marriage, regardless of whose name is on the title) will be divided fairly, though not necessarily equally. The court considers various factors to determine what is equitable, including the length of the marriage, the economic circumstances of each spouse, and contributions of each spouse to the marriage (including homemaking and child-rearing). Separate property (owned before the marriage or received as a gift/inheritance) generally remains with the individual owner, but any increase in value of separate property during the marriage may be considered marital.

• Spousal Maintenance (Alimony): Spousal maintenance, often called alimony, is financial support paid by one spouse to the other. Colorado has advisory guidelines for maintenance awards, particularly for marriages of at least three years with combined gross annual incomes up to $240,000. However, the court retains discretion and considers numerous factors when determining whether to award maintenance, the amount, and its duration, including:

  • The financial resources of each party.

  • The lifestyle established during the marriage.

  • The income, employment, and employability of each party.

  • The duration of the marriage.

  • The age and health of each party.

  • The reasonable ability of the recipient to become self-supporting.

  • Marital agreements. 

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There is no one solution in divorce that works for everyone. Every family is unique, and an experienced attorney can be invaluable in helping you find solutions for your family’s circumstances and needs. What worked for your brother, friend, or co-worker could be completely wrong or unworkable in your divorce. Unbundled legal services provide an affordable and flexible option that provides the level of support and involvement your case needs while being more affordable than traditional representation. Learn more about unbundled services here.  

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Disclaimer: This webpage provides general informational purposes only and does not constitute legal advice. Every divorce case is unique. It is crucial to consult with a qualified Colorado family law attorney to discuss your specific situation and understand your legal options.