Divorce in Colorado: Laws, Process, and What You Need to Know (2026)

Q: How long does a divorce take in Colorado?

Colorado has a mandatory 91-day waiting period after the respondent is served before a divorce can be finalized. An uncontested divorce where both parties agree on all terms typically takes 3 to 6 months. Contested divorces can take 9 months to over a year, depending on the complexity of property, custody, and support issues.

Q: Can I get alimony in Colorado?

Yes, Colorado courts may award spousal maintenance alimony. Colorado has advisory guidelines for calculating the amount and duration of maintenance based on the combined gross income of both parties and the length of the marriage. For marriages of significant duration with combined incomes under a statutory threshold, the guidelines suggest specific formulas. The court can deviate from these guidelines based on factors such as the financial resources of each party, lifestyle during the marriage, and each spouse's earning capacity.

Q: How much does a divorce cost in Colorado?

Filing fees in Colorado range from approximately $230 to $300, depending on the county. An uncontested divorce without attorneys can cost under $1,000. Attorney-represented uncontested divorces typically cost $2,500 to $5,000, while contested divorces can cost $15,000 to $40,000 or more, particularly in the Denver metro area or when complex financial issues are involved.

Introduction

Colorado is a strictly no-fault state where the only ground for divorce is that the marriage is irretrievably broken. The state takes a practical, forward-looking approach to dissolution, focusing on equitable outcomes rather than assigning blame.

Colorado is an equitable distribution state for property division purposes. For an overview of how this system works, see our guide to community property vs. equitable distribution. Understanding how Colorado handles divorce can help you prepare for what lies ahead and make informed decisions about your future.

Residency Requirements

To file for divorce in Colorado, you must meet the state's residency requirements: 91 days residency in the state. This means at least one spouse must have lived in Colorado for the required period before the court will accept a divorce filing. You will typically file in the county where either spouse resides.

Grounds for Divorce

Colorado is a strictly no-fault divorce state. The only ground is that the marriage is irretrievably broken. You do not need to prove wrongdoing by either spouse to obtain a divorce.

Property Division

Colorado follows the equitable distribution approach to dividing property in a divorce. Under this system, the court divides marital property fairly, though not necessarily equally. The judge considers factors like each spouse's economic circumstances, contributions to the marriage (including homemaking), the duration of the marriage, and any dissipation of assets.

Property that either spouse owned before the marriage, as well as gifts and inheritances received individually, is generally considered separate property and is not subject to division. However, if separate property has been commingled with marital assets, it may lose its separate character.

Alimony and Spousal Support

The court considers several factors when determining alimony in Colorado:

Length of marriage
Financial resources
Income and property
Age and health
Standard of living

In Colorado, alimony is referred to as "spousal maintenance." Colorado has advisory guidelines for amount and duration based on combined income and marriage length. For general background on alimony types and factors, see our alimony and spousal support guide.

The duration and amount of alimony depend heavily on the length of the marriage and the financial circumstances of both parties. Short-term marriages are less likely to result in long-term alimony awards.

Child Support

Colorado uses the Income Shares model for calculating child support, with adjustments for overnights, health insurance, and childcare costs. See our child support guide for an explanation of how the Income Shares model works.

Either parent can request a modification of child support if there is a substantial change in circumstances, such as a significant change in income, job loss, or a change in the child's needs.

Child Custody

Colorado courts determine custody based on the best interests of the child standard. The court evaluates a range of factors including each parent's relationship with the child, the child's adjustment to home and community, the mental and physical health of all parties, and the willingness of each parent to foster a relationship between the child and the other parent.

Most states, including Colorado, recognize both legal custody (decision-making authority regarding education, healthcare, and welfare) and physical custody (where the child lives). Both types can be awarded jointly or solely to one parent.

Mediation

Mediation is not required in Colorado, though it is often encouraged.

Filing Fees and Costs

Filing fees for divorce in Colorado typically range from $230-$300, though exact amounts vary by county. Additional costs may include:

Attorney fees (if you hire a lawyer)
Mediation or alternative dispute resolution fees
Process server or publication fees
Costs for financial experts or appraisers (in complex asset cases)
Court-mandated parenting class fees (if children are involved)

Uncontested divorces are generally significantly less expensive than contested cases.

Key Considerations

Waiting period: 91 days after service
Common law marriage: Colorado recognizes common law marriage, which means unmarried couples who meet certain criteria may need to formally divorce.

If you and your spouse can agree on the major issues, including property division, support, and custody, an uncontested divorce will save you significant time and money. Even in contested cases, exploring mediation or collaborative divorce may lead to a better outcome than a courtroom battle.

Frequently Asked Questions About Colorado Divorce

Is Colorado a community property state?

No, Colorado is not a community property state. Colorado follows the equitable distribution model, meaning the court divides marital property fairly based on relevant factors rather than automatically splitting everything 50/50. The judge considers each spouse's economic circumstances, contributions to the marriage, and other factors to reach a fair outcome.

How is property divided in a Colorado divorce?

Colorado courts divide marital property equitably by considering factors such as each spouse's financial resources, contributions to the marriage (including homemaking and childcare), the economic circumstances of each spouse at the time of division, any increase or decrease in the value of separate property during the marriage, and the desirability of awarding the family home to the custodial parent. Separate property -- assets owned before marriage, gifts, and inheritances -- generally remains with the original owner.

How long does a divorce take in Colorado?

Colorado has a mandatory 91-day waiting period after the respondent is served before a divorce can be finalized. An uncontested divorce where both parties agree on all terms typically takes 3 to 6 months. Contested divorces can take 9 months to over a year, depending on the complexity of property, custody, and support issues.

Can I get alimony in Colorado?

Yes, Colorado courts may award spousal maintenance (alimony). Colorado has advisory guidelines for calculating the amount and duration of maintenance based on the combined gross income of both parties and the length of the marriage. For marriages of significant duration with combined incomes under a statutory threshold, the guidelines suggest specific formulas. The court can deviate from these guidelines based on factors such as the financial resources of each party, lifestyle during the marriage, and each spouse's earning capacity.

What are the grounds for divorce in Colorado?

Colorado is a strictly no-fault divorce state. The only ground for divorce is that the marriage is irretrievably broken, meaning there is no reasonable prospect of reconciliation. You do not need to prove wrongdoing by either spouse. Colorado courts do not consider fault when dividing property or awarding maintenance.

What are the residency requirements for divorce in Colorado?

At least one spouse must have been a resident of Colorado for a minimum of 91 days before filing for divorce. The case is filed in the district court of the county where either spouse resides. There is no separate county residency requirement.

How much does a divorce cost in Colorado?

Filing fees in Colorado range from approximately $230 to $300, depending on the county. An uncontested divorce without attorneys can cost under $1,000. Attorney-represented uncontested divorces typically cost $2,500 to $5,000, while contested divorces can cost $15,000 to $40,000 or more, particularly in the Denver metro area or when complex financial issues are involved.

Does Colorado recognize common law marriage?

Yes, Colorado is one of the few states that still recognizes common law marriage. If an unmarried couple presents themselves as married, cohabitates, and mutually agrees to be married, they may be considered legally married under Colorado law even without a formal ceremony or marriage license. This means that common law spouses who separate must go through a formal divorce proceeding to divide property and resolve other issues, just like couples with a traditional marriage.

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This guide is for informational purposes only and does not constitute legal advice. Colorado laws may change. Consult a licensed Colorado attorney for guidance specific to your situation.