The moment you decide to end a marriage, whether it’s mutual or one-sided, you’re immediately faced with more than just emotions. There’s paperwork. Timelines. Decisions that feel heavy. One of you might be ready to move forward. The other might be dragging their heels. Either way, your life is suddenly divided into court forms and unanswered questions.
Divorce is more common than people think. Colorado has reported a divorce rate of 2.9 divorces for every 1,000 residents, putting it slightly above the national average.
Most people going through divorce in Colorado aren’t trying to “win.” They’re just trying to protect their time, their kids, and their future. But the system doesn’t always feel built for that. And without clarity, the process can pull you into conflict you didn’t ask for.
At The Drake Law Firm, we see how much smoother the Colorado divorce process becomes when clients understand what’s coming next. That’s why we created this 8-step guide—to walk you through each phase, from filing to final orders, so you can move forward with fewer surprises and a little more peace.
Step 1: Make Sure You Can File in Colorado
Before you begin, Colorado law requires at least one spouse to live in the state for 91 days ([C.R.S. § 14-10-106(1)(a)(I)]). If you have children, they must have lived in Colorado for 182 consecutive days before the court can decide custody.
Residency means more than just being present. It should be your true home, based on your driver’s license, where you vote, or where you work full-time.
Step 2: File the Petition and Start the Clock
The process officially begins when one spouse files a Petition for Dissolution of Marriage and serves the other spouse with official paperwork, or the other spouse signs a waiver of service. This also triggers a mandatory 91-day waiting period, during which the court cannot finalize the divorce, even if everything is agreed.
If both spouses are on the same page, they can file jointly. Otherwise, the court requires proper service, and that’s when most people choose to bring in a Colorado divorce attorney to handle the details, avoid mistakes, and protect long-term interests.
Step 3: Responding and What Happens Next
Once served, the other spouse has:
- 21 days to respond to the Petition for Divorce if they live in Colorado
- 35 days if they live out of state
If no response is filed, the court may allow a default divorce, though it will usually still require a hearing when children or major assets are involved.
Step 4: Initial Status Conference (ISC)
Within a few days of filing, the Court will issue a Case Management Order. That Order often sets an Initial Status Conference (ISC) by video or telephone, and attendance by the parties is mandatory. A few courts require the filing party to call in to get dates for the ISC, circulate them, and then call back and set the date of the ISC. Courts generally require that, within 42 days of filing, ISC must occur. An ISC isn’t a trial; it’s more like a planning meeting.
At the ISC, the court may:
- Set deadlines
- Require mediation
- Determine if temporary orders are needed
Depending on the court, sometimes the ISCs are run by a judge or magistrate, but often they are run by a court facilitator, who is usually an attorney. Whoever is running the ISC will tailor the case schedule based on your situation.
Step 5: Financial Disclosures
Next comes the exchange of financial disclosures, a full picture of each spouse’s income, assets, debts, and monthly expenses.
This is the foundation for decisions about spousal support, child support, and property division. Failing to provide complete or accurate disclosures will almost always delay your case and can lead to penalties.
We’ve seen how incomplete disclosures, especially missing assets like retirement accounts, can delay proceedings or lead to unnecessary conflict during settlement.
Once disclosures are complete, either spouse can request temporary orders to establish short-term stability while the divorce is pending. A temporary orders hearing may cover:
- Who stays in the home
- Temporary parenting schedules
- Temporary child support
- Temporary spousal maintenance
- Temporary attorney fees
These orders aren’t permanent, but they create structure during a time when things often feel uncertain.
Step 6: Work Toward Parenting Plans and Financial Agreements
If children are involved, parents need to work together to create a workable parenting plan that explains how time will be shared, how decisions will be made, and where the children will live.
Judges in Colorado typically prefer joint decision-making, unless one parent is clearly unfit. The goal is to maintain stability and strong relationships with both parents.
Most counties require mediation before a trial, and some require mediation before even setting a trial. Even if you can’t agree on everything, narrowing the issues in mediation can reduce stress, save time, and shorten court proceedings.
This stage is also where child support and spousal maintenance (Colorado’s term for alimony) are calculated and negotiated.
Child support follows a standard formula that considers:
- Each parent’s gross monthly income
- Parenting time (overnights)
- Additional expenses (e.g., daycare, insurance)
You can find the official child support worksheet and calculator through the Colorado Child Support Services Division.
Spousal maintenance is more flexible. While courts often use a guideline calculation, judges can modify it based on:
- The length of the marriage
- The gap between each spouse’s income
- One spouse’s ability to become self-supporting
- Age, health, or other unique factors
Shorter marriages often result in shorter-term support, while long-term marriages or situations involving a stay-at-home spouse may lead to more extended or rehabilitative maintenance. The court’s goal is fairness, not punishment, and both parties have the opportunity to present financial needs and concerns.
Step 7: Divide Property and Wrap Up Loose Ends
Colorado uses an equitable distribution model, meaning marital property is divided fairly, not always equally, although it is often a 50/50 proposition.
Courts consider:
- Each spouse’s financial and caregiving contributions
- Future earning capacity
- Whether any assets were inherited or brought into the marriage
If you and your spouse co-own a business, the court may require a formal valuation and decide whether to divide, restructure, or allow a buyout. We’ve helped business owners protect their company by structuring a buyout that avoids liquidation and keeps operations running.
Step 8: Get the Final Decree and Move Forward
If everything is resolved, the court will often finalize your divorce without a trial. If there are minor children and no attorneys or only one parent is represented, there is always a final hearing. called a permanent orders hearing, where each side presents evidence. And if you have other unresolved issues regarding assets and debts, there is a hearing as well, and you will get to present evidence then, too. The judge will issue final decisions on parenting, property, and support.
Once the judge signs the final divorce decree (officially called a decree of dissolution), your divorce is legally complete.
What Happens After the Final Decree?
Your divorce may be legally complete, but the work isn’t always over. Taking care of a few key updates can help protect your peace of mind moving forward:
- Update your will, beneficiaries, and retirement account beneficiary designations
- Adjust parenting plans if your schedule or location changes
- Monitor child support and spousal maintenance for compliance
- Seek enforcement or modification orders if needed
- Consider financial planning or therapy to regain stability
- Remember to keep the court updated as to your current address as well
Divorce isn’t just an end; it’s a legal reset. Knowing what to update can protect your future.
Colorado Divorce Process FAQs:
What if my spouse and I live in different states?
You can still file for divorce in Colorado as long as you meet the 91-day residency requirement. Your spouse doesn’t have to live in the state, but they must be properly served and given time to respond, 35 days if they live out of state. The court can still issue orders on property and children if Colorado has jurisdiction.
Can we handle everything outside of court?
Yes, many Colorado divorces are resolved without going to trial. If you and your spouse agree on all key issues like parenting, support, and property, you can submit a full settlement for court approval. You’ll still file paperwork and attend at least one hearing, but most of the work happens outside the courtroom. But remember, if there are minor children and one or more sides are not represented by an attorney, there will always be a hearing.
What if we own a business together?
Divorcing spouses who co-own a business may need a formal valuation to determine how to divide the asset fairly. The court will consider whether the business was started during the marriage, who manages it, and how much it’s worth. Some spouses agree to a buyout, while others sell or restructure the business entirely.
Is Colorado a no-fault divorce state?
Yes. Colorado is a no-fault divorce state, which means you don’t need to prove infidelity, abuse, or wrongdoing to get divorced. The only legally recognized reason for divorce in Colorado is that the marriage is “irretrievably broken.” This simplifies the process and helps reduce conflict, since the focus is on resolving parenting, property, and financial issues, not placing blame.
Do we both have to go to mediation?
In Colorado, mediation is often mandatory, and most counties require it before a contested divorce can go to trial. Even in counties where it’s not automatic, a judge can still order mediation if spouses are struggling to reach an agreement. If mediation is required, both parties are expected to attend and participate in good faith. You’re not obligated to settle, but resolving even one issue can reduce what the judge decides later.
Start Where You Are. We’ll Handle the Rest.
The Colorado divorce process is predictable on paper, but emotionally, it’s anything but simple. What matters most is knowing where you stand, what to expect next, and how to protect your peace.
At The Drake Law Firm, we help Colorado spouses move through divorce with more clarity and fewer regrets. Whether you’re preparing to file or already overwhelmed by paperwork, you don’t have to handle it alone. Let’s help you move forward on your terms.