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How Divorce Works in Colorado: Dissolution, Timelines, and What to Expect in 2026

How divorce works in Colorado: the 91 day waiting period, financial disclosures, property division, maintenance formula, parenting, timelines, and costs.

How Divorce Works in Colorado: Dissolution, Timelines, and What to Expect in 2026

Colorado calls divorce "dissolution of marriage," and the state's process is simpler on paper than most. It is a no-fault state, meaning the only ground is that the marriage is irretrievably broken.

There is a 91 day minimum waiting period from the date the other spouse is served or the joint petition is filed before a court can enter a decree. Either spouse must have lived in Colorado for at least 91 days before filing.

In practice, an uncontested dissolution with no children and simple finances can be done in about four months and cost under $1,000 in filing fees and document preparation. A contested case with children, a house in Denver or Boulder, retirement accounts, and a business can take 12 to 18 months and cost each side $15,000 to $50,000 or more in attorney fees.

This guide walks through the steps, the timeline, what the court decides, and where the money goes.

Filing and the 91 Day Clock

The case starts with a Petition for Dissolution of Marriage filed in the district court of the county where either spouse lives. Spouses can file jointly as co-petitioners, which skips service and starts the 91 day clock immediately. If one spouse files alone, the other must be served, and the clock starts on the date of service.

The filing fee is $230 statewide. Fee waivers are available for people below income thresholds. Filing can be done in person at the courthouse or through the state's e-filing system, and the Colorado Judicial Branch publishes the required forms for people representing themselves.

Within 42 days of filing, both spouses must exchange financial disclosures: a sworn financial statement, tax returns, pay stubs, bank and retirement statements, and debt information. This step is mandatory, and cases stall when one side does not produce it. Many judges will not schedule a hearing until disclosures are complete.

An Initial Status Conference is typically set within 42 days as well. It is a short meeting with a family court facilitator or the judge to set deadlines, identify disputed issues, and discuss whether mediation is needed. Most Colorado districts, including Denver, Arapahoe, Jefferson, El Paso, and Boulder, require mediation before a contested hearing.

What the Court Decides

A Colorado dissolution decree resolves four things: division of marital property and debt, spousal maintenance, parental responsibilities if there are children, and child support. Each has its own rules.

Property division follows equitable distribution, not community property. Marital property, meaning nearly everything acquired during the marriage regardless of whose name is on it, is divided fairly, which usually but not always means roughly equally. Separate property, meaning assets owned before the marriage or received as a gift or inheritance, stays with that spouse, though increases in value during the marriage are marital.

The house is often the biggest issue. Home equity in Denver, Boulder, and the Front Range suburbs has grown enough that the marital share can exceed the value of every other asset combined. Options are sale and split, one spouse buying out the other through refinancing, or a deferred sale.

Retirement accounts earned during the marriage are marital and are divided through a Qualified Domestic Relations Order for 401(k) and pension plans. Colorado PERA accounts for public employees have their own division rules.

Spousal Maintenance

Colorado has a maintenance guideline formula that applies to marriages of at least three years where the combined income is under $240,000. The formula takes 40 percent of the higher earner's income minus 50 percent of the lower earner's income, capped so that the recipient does not exceed 40 percent of combined income. Duration is a percentage of the marriage length, ranging from 31 percent for a 3 year marriage to 50 percent for 20 years or more.

The formula is advisory, not mandatory. Judges depart from it based on the circumstances, and spouses can agree to something different. Maintenance is not tax deductible for the payer or taxable to the recipient under current federal law.

Parental Responsibilities

Colorado does not use the word custody. The court allocates parental responsibilities, which means decision-making authority and parenting time.

The standard is the best interests of the child, and the default assumption is that both parents should be involved. Joint decision-making and substantial parenting time for both parents are the norm unless there is a reason otherwise.

Parents must file a parenting plan. If they cannot agree, the court may appoint a Child and Family Investigator or a Parental Responsibilities Evaluator, which adds $1,500 to $10,000 or more in cost and several months to the timeline.

Child Support

Child support follows a statewide guideline based on both parents' gross incomes, the number of overnights each parent has, and costs for health insurance and childcare. The Colorado Judicial Branch publishes an online calculator. Support continues until the child turns 19 in most cases.

The Timeline in Practice

An uncontested case where both spouses agree on everything can be finalized shortly after the 91 day period ends. The spouses file a separation agreement, a parenting plan if applicable, and the required financial affidavits, and many judges will enter the decree without a hearing. Total time is 3 to 5 months.

A case that requires mediation but settles there typically takes 6 to 9 months. Mediation through the Office of Dispute Resolution costs $75 to $150 per hour per party. Private mediators in Denver and Boulder charge $200 to $400 per hour, usually split.

A contested case that goes to a permanent orders hearing takes 9 to 18 months depending on the county's docket. Denver and El Paso County have the heaviest dockets. Rural districts on the Western Slope and the Eastern Plains can be faster or slower depending on judge availability.

Temporary orders for support, parenting time, and use of the house can be requested early in the case and are common when one spouse moves out.

What Divorce Costs in Colorado

Filing fees are $230 plus small fees for certain motions. Self-represented dissolutions using the state forms cost that plus whatever document preparation help you buy, typically $300 to $1,500.

Attorney rates in Denver, Boulder, and the northern suburbs run $275 to $500 per hour. Colorado Springs, Fort Collins, and Grand Junction run $225 to $400. Retainers of $3,000 to $10,000 are standard.

An uncontested case with attorney help runs $2,500 to $7,500 per side. A contested case with children and property runs $15,000 to $50,000 per side, and complex cases with businesses or custody evaluations go higher.

Limited scope representation, where an attorney drafts documents or attends one hearing while you handle the rest, is allowed in Colorado and cuts cost for people with straightforward cases. Collaborative divorce, where both spouses and their attorneys commit to settling without court, is available in the Front Range and runs $10,000 to $30,000 per side.

Our Colorado attorney listings include family law attorneys by city, and our local services blog has related guides on legal costs and mediation in the state.

Legal Separation and Other Alternatives

Colorado also offers legal separation, which follows the same process and resolves the same issues but leaves the marriage legally intact. Couples choose it for religious reasons or to keep one spouse on the other's health insurance, and a legal separation can be converted to a dissolution after six months on request of either party.

Annulment, called a declaration of invalidity in Colorado, is available only in narrow circumstances such as fraud, duress, or a spouse being underage or already married. It is rare and harder to obtain than a dissolution.

A spouse can request restoration of a former name as part of the decree at no extra cost. Doing it later requires a separate name change petition and its own fee, so it is worth including in the original filing.

Common Mistakes

Moving out without a temporary orders agreement can affect parenting time and use of the house. Hiding assets or failing to disclose is sanctioned by Colorado courts and can result in the hidden asset being awarded entirely to the other spouse. Agreeing to a settlement without understanding the tax treatment of retirement accounts versus home equity costs people real money.

Skipping the parenting class is another one. Most Colorado districts require both parents to complete a parenting education class before permanent orders, and the decree will not enter without the certificates.

Frequently Asked Questions

How long does a divorce take in Colorado?

A minimum of 91 days from service or joint filing. Uncontested cases finish in 3 to 5 months. Contested cases take 9 to 18 months depending on the county.

Is Colorado a 50/50 divorce state?

No. Colorado uses equitable distribution, which means marital property is divided fairly based on the circumstances. That is often close to equal but not required to be.

Do I need a lawyer to get divorced in Colorado?

No. The state provides forms and a self-help process, and many uncontested cases are completed without attorneys. Cases involving children, real estate, retirement accounts, or disagreement benefit from legal help.

How is spousal maintenance calculated in Colorado?

A guideline formula applies to marriages of 3 years or more with combined income under $240,000. It takes 40 percent of the higher income minus 50 percent of the lower, with a cap, for a duration tied to the length of the marriage. Judges can depart from it.

What is the filing fee for divorce in Colorado?

The fee is $230 for a Petition for Dissolution of Marriage. Fee waivers are available for people who meet income guidelines.