A Guide to Colorado Divorce Requirements

Divorce, also called “dissolution of marriage” in Colorado, is the legal process of ending a marriage. Colorado is a “no-fault” divorce state, which means you only need to show that the marriage is “irretrievable broken.” There is no requirement to prove fault or misconduct.

Requirement for Divorce in Colorado 

No matter which option to divorce you choose the legal requirements in Colorado remains the same. Here’s an overview: 

1.    Residency

• At least one spouse must have been in Colorado for 91 days before filing.

• The case must be filed in the county where either spouse resides.

• If children are involved, they must have lived in Colorado for at least 182 days.

2.    Filing

• A filing fee is required.

• Spouses file the Petition and Case Information Sheet with the court either jointly or separately.

• If one spouse files separately, that spouse must also file a Summons, along with either:

  • A Waiver of Service (if the other spouse agrees) or

  • Return of Service after the other spouse is served. The served spouse must then fila a Response to the Petition.

3.    Waiting period

• A mandatory 91-day waiting period once divorce papers are served of both co-file.

• The waiting period starts from the date the non-filing spouse is served, or the joint filing is submitted.

• This is the minimum duration, and complex cases may take longer.

4.    Financial disclosures 

• Both spouses are required to provide full financial disclosures, including details about income, assets, debts, and expenses.

• Both spouses must complete Sworn Financial Statements.

5.    When minor children are involved

• Both parents must complete a court-approved parenting class.

• Parents must create a Parenting Plan detailing parenting time and decision for the children.

• Child Support is calculated based on Colorado’s state guidelines.

6.    Property Division

• Colorado is an “marital property” state, meaning property is divided equitably, though not necessarily equally.

• Separate property- such as property owned before the marriage or inherited- typically remains with the original owner.