Colorado is a purely no-fault divorce state. The only ground for dissolution of marriage is that the marriage is irretrievably broken. Under Colorado Revised Statutes §14-10-106, if one spouse states under oath that the marriage is irretrievably broken, the court will accept this as sufficient. The other spouse cannot prevent the divorce by contesting this ground. Colorado does not recognize any fault-based grounds such as adultery or cruelty.
To file for divorce in Colorado, one spouse files a Petition for Dissolution of Marriage in the District Court in the county where either spouse resides. The filing fee is $230. The petition must be served on the other spouse, who has 21 days to file a response if served in Colorado, or 35 days if served out of state. Colorado also permits co-petitions where both spouses file jointly, which simplifies the process for uncontested divorces.
At least one spouse must have been domiciled in Colorado for a minimum of 91 days immediately before filing the petition. For cases involving children, the child must have resided in Colorado for at least 182 days before the court can make custody determinations under the Uniform Child Custody Jurisdiction and Enforcement Act. Military members stationed in Colorado for 91 days satisfy the residency requirement.
Colorado follows equitable distribution principles when dividing marital property. Under C.R.S. §14-10-113, the court divides marital property in proportions that are fair and equitable, though not necessarily equal. All property acquired during the marriage is considered marital property, while property acquired before the marriage, by gift, or by inheritance is classified as separate property and is generally excluded from division.
Colorado courts consider the contribution of each spouse to the acquisition of marital property (including a homemaker's contributions), the value of property set apart to each spouse, the economic circumstances of each spouse at the time the division becomes effective, and any increases or decreases in the value of separate property during the marriage. The court may also consider whether a spouse's separate property was used for the benefit of the marriage and the desirability of awarding the family home to the spouse with primary custody of the children.
Colorado uses the term "allocation of parental responsibilities" rather than custody. Under C.R.S. §14-10-124, the court allocates both decision-making responsibility and parenting time based on the best interests of the child. Colorado does not presume that joint decision-making or equal parenting time is automatically in the child's best interests; each case is evaluated individually.
Decision-making responsibility covers major life decisions including education, health care, religion, and extracurricular activities. This may be allocated solely to one parent, jointly to both, or divided by subject area. Parenting time establishes the schedule under which the child lives with each parent. Colorado courts encourage arrangements that allow both parents meaningful involvement in the child's life.
Courts evaluate the wishes of the parents and the child, the child's relationship with each parent and siblings, the child's adjustment to home, school, and community, the mental and physical health of all individuals involved, whether a parent has been the primary caretaker, the ability of each parent to encourage a relationship with the other parent, the proximity of the parents' homes, and any history of domestic violence or child abuse. Credible evidence of domestic violence creates a presumption against shared decision-making.
The minimum timeframe for a Colorado divorce is 91 days after the court obtains jurisdiction over the respondent. This mandatory waiting period applies to all cases and cannot be shortened. Uncontested divorces often finalize shortly after the 91-day mark, while contested cases can take six months to over a year depending on the complexity of disputes.
Colorado replaced the terms "custody" and "visitation" with "allocation of parental responsibilities," which includes decision-making responsibility (similar to legal custody) and parenting time (similar to physical custody). This terminology reflects the state's approach of emphasizing shared parental involvement rather than labeling one parent as the custodial parent.
No, Colorado is an equitable distribution state, not a community property state. This means the court divides marital property in a manner it considers fair, which may or may not result in a 50/50 split. The court considers multiple factors including each spouse's contributions, economic circumstances, and the overall fairness of the division.
Yes, Colorado allows both spouses to file a co-petition for dissolution of marriage. This is particularly useful when both parties agree to the divorce and its terms. A co-petition eliminates the need for formal service of process and can streamline the overall divorce process significantly.