English
EspañolBelow you will find basic information about divorce in Colorado.
- What are the residency requirements to file for divorce in Colorado?
- What are the grounds for divorce in Colorado?
- How quickly can I get a divorce?
- Can I get alimony? What factors will a judge consider?
- What are the basic steps for filing for divorce?
- Where can I find additional information about divorce?
What are the residency requirements to file for divorce in Colorado?
To file for divorce in Colorado, you or your spouse must have been a resident of Colorado for at least 91 days immediately before the filing for the divorce.1
1 Colo. Rev. Stat. § 14-10-106(1)(a)(I)
What are the grounds for divorce in Colorado?
Grounds are legally acceptable reasons for a divorce. The judge can grant you a divorce or legal separation in Colorado if the judge finds that the marriage is irretrievably broken.1 This means that the marriage is no longer working and cannot be fixed.
1 Colo. Rev. Stat. § 14-10-106(1)(a)(II)
How quickly can I get a divorce?
A divorce decree can only be entered if 91 days have passed after one of the following events:
- your spouse was legally notified of the divorce proceedings;
- they joined as a co-petitioner in the divorce petition; or
- they appeared in the case in any other manner.1
1 Colo. Rev. Stat. § 14-10-106(1)(a)(III)
Can I get alimony? What factors will a judge consider?
Maintenance (alimony) is financial support paid by, or to, your spouse. It can be awarded during a divorce, legal separation, or annulment (“declaration of invalidity”).1
If either spouse files for maintenance, the judge will consider all of the following factors:
- the amount of your income and your spouse’s income;
- the division of the marital property;
- the financial resources of each spouse, including but not limited to the actual or possible income from separate and marital property;
- reasonable financial needs established during the marriage; and
- the tax effects of paying or getting maintenance.1
If the judge decides to award maintenance, they will then determine the amount and length (term) of the maintenance that is fair and reasonable (equitable) to both spouses. The judge will consider the guidelines included in the law and the following factors:
- the financial resources of each spouse, including:
- their actual or possible income from separate and marital property; and
- their ability to meet their own needs;
- the lifestyle established during the marriage;
- the distribution of marital property;
- both spouses’ income and employability, including additional training or education if necessary;
- whether either spouse had to stop working or work less because of:
- the needs of any minor children of the marriage; or
- the circumstances of the spouses;
- whether one spouse has historically earned a higher or lower income;
- whether income from overtime or a second job has been steady, and how long it has lasted;
- the length of the marriage;
- the amount of temporary maintenance and the number of months that temporary maintenance was paid;
- the age and health of the spouses, including consideration of significant health care needs;
- significant economic or noneconomic contributions to:
- the marriage; or
- the economic, educational, or career advancement of one of the spouses;
- whether the spouses’ situation at the time of the permanent order makes it appropriate to give a small (nominal) amount of maintenance so that the spouse can ask for maintenance in the future;
- the tax effects of paying or getting maintenance;
- any change that may be needed to the amount of maintenance to help make taxes fairer for both spouses;
- whether one of the spouses has committed any of the following against the other spouse:
- domestic violence;
- coercive control;
- economic abuse;
- litigation abuse;
- emotional abuse;
- physical abuse; or
- unlawful sexual behavior; and
- any other factor that the judge believes is relevant.2
After all of that, the judge can only award maintenance if they decide that the spouse asking for maintenance:
- does not have enough property, including any assets awarded as part of the divorce, to support their reasonable needs and is unable to support themselves; or
- cares for a child whose needs would make it inappropriate for the spouse to try to get a job outside of the home.3
1 Colo. Rev. Stat. § 14-10-114(3)(a)(I)
2 Colo. Rev. Stat. § 14-10-114(3)(a)(II), (3)(c); see also Colo. Rev. Stat. §§ 14-10-103(c); 14-10-124(1.3); 16-22-102(9)
3 Colo. Rev. Stat. § 14-10-114(3)(d)
What are the basic steps for filing for divorce?
While divorce laws vary by state, here are the basic steps:
- First, you must meet the residency requirements of the state where you wish to file.
- Second, you must have a legally acceptable reason (ground) to end your marriage.
- Third, you must file divorce papers and have copies sent to (served on) your spouse. To learn more about filing a summons, preparing a petition, and service of process, go to the Starting the Court Case page in our Preparing for Court - By Yourself section.
- Fourth, if your spouse disagrees with anything in the divorce papers, they will then have the opportunity to file papers telling their side. This is called “contesting” the divorce. In this case, you will have to attend a series of court appearances to sort the issues out. If your spouse agrees with everything, they should sign the papers and send them back to you or the court. This is called an “uncontested” divorce. If a certain period of time passes and your spouse does not sign the papers or file any papers of their own, you may be able to move forward with the divorce as uncontested. You should speak to a lawyer in your state about how long you have to wait to see if your spouse answers the divorce papers before you can continue with the divorce.
- Fifth, if there is marital property that needs to be divided, or if you need alimony from your spouse, you will have to work that out in an out-of-court settlement or in a series of court hearings. Custody may also be decided as part of your divorce.
Where can I find additional information about divorce?
The Colorado Judiciary has a lot of material on the divorce process, including:
- a pamphlet on divorce and related family law matters that describes residency requirements;
- the petition for divorce; and
- the instructions and form to convert a legal separation to divorce.
WomensLaw.org is unrelated to the above organization and cannot vouch for the accuracy of its website. These links are informational resources only.
You will find more information about divorce, including the risks of taking your children out of state while a divorce is pending, on our general Divorce page. To watch brief videos about divorce in Spanish with English subtitles, go to our Videos page. Lastly, learn more about the court process on our Preparing for Court – By Yourself page.
