Divorce in Colorado

Types of Divorce in Colorado

Colorado is a no-fault state under C.R.S. § 14-10-106 — the only legal ground for dissolution is that the marriage is irretrievably broken. Neither party is required to prove fault, misconduct, or wrongdoing. The path a case takes depends on the degree of agreement between the parties and the complexity of the issues involved.

Uncontested Divorce

An uncontested divorce occurs when both spouses reach full agreement on every issue before or shortly after filing — including the division of all marital property and debt, spousal maintenance, and all parenting matters. Because no disputes require court resolution, uncontested cases move through the system significantly faster and at lower cost than contested proceedings.

When a complete agreement is in place, parties may file a Decree upon Affidavit under C.R.S. § 14-10-120.3, which allows the judge to review and sign the decree without requiring either party to appear in court. The agreement must still satisfy the court’s review — a judge will not approve a Separation Agreement that is unconscionable or that fails to adequately address the interests of any minor children.

The mandatory 91-day waiting period under C.R.S. § 14-10-106 applies regardless of how quickly the parties agree. No decree can be entered before that period expires from the date of service or joint filing. For couples with straightforward finances and no children, an uncontested case finalized shortly after the waiting period represents the most efficient resolution available under the law.

Contested Divorce

A contested divorce does not require hostility — it simply means that at least one issue remains unresolved between the parties. Common disputed issues include the characterization or valuation of marital assets, the division of a business or retirement accounts, the amount or duration of spousal maintenance, and the allocation of parental responsibilities or parenting time.

When disputes cannot be resolved through negotiation, Colorado courts use a structured litigation process to reach resolution. Every divorce, contested or not, includes mandatory financial disclosure under C.R.C.P. 16.2, an Initial Status Conference to establish deadlines, discovery if needed, and in most jurisdictions, mandatory mediation before any trial will be scheduled. More often than not, the parties begin negotiating with one another or through their attorneys once they have exchanged mandatory financial disclosures. If mediation does not resolve all issues, the case proceeds to a Permanent Orders Hearing where a District Court judge makes final binding determinations on every unresolved matter.

Colorado courts applying equitable distribution under C.R.S. § 14-10-113 have broad discretion in how they divide marital property. Similarly, Best Interests of the Child determinations under C.R.S. § 14-10-124 give judges significant latitude in parenting matters. The outcome of a contested hearing is therefore much less predictable than a negotiated settlement, which is why resolution short of trial — through negotiation or mediation — is generally preferable when achievable.

Legal Separation

Legal separation in Colorado is a distinct legal proceeding governed by C.R.S. § 14-10-107. It produces a court order that resolves all the same issues as a divorce — property division, debt allocation, spousal maintenance, and parental responsibilities — but does not legally terminate the marriage. The parties remain legally married after a decree of legal separation.

Legal separation is used in circumstances where the parties choose not to divorce for religious, financial, or personal reasons, but require the legal structure of a court order to govern their separated lives. Common reasons include preserving eligibility for a spouse’s health insurance coverage, maintaining certain federal benefits tied to length of marriage, or satisfying religious constraints on divorce.

Either party may file a motion under C.R.S. § 14-10-107(5) requesting the court convert a decree of legal separation into a decree of dissolution of marriage after six months have elapsed. The court applies the same statutory standards to legal separation proceedings as it does to dissolution — including the Best Interests standard for parenting matters and the equitable distribution framework for marital property division.

Collaborative Divorce

Collaborative divorce is a structured, non-adversarial resolution process in which both parties and their attorneys sign a Participation Agreement committing to resolve all issues outside of court. The collaborative process typically involves a team of professionals beyond the two attorneys — including a neutral financial specialist who analyzes the marital estate, and a divorce coach or mental health professional who helps manage communication between the parties.

The defining feature of the collaborative process is the withdrawal obligation: if either party terminates the collaborative process and elects to proceed to litigation, both collaborative attorneys must withdraw entirely. The parties must then retain new litigation counsel. This provision creates a strong structural incentive for all participants to work toward resolution, since abandoning the process is costly for both sides.

Collaborative divorce is best suited to cases where both parties are committed to a cooperative resolution and where the financial or parenting issues are sufficiently complex to benefit from neutral professional input. It is generally not appropriate where there is a significant power imbalance, a history of domestic violence, or reason to believe one party is withholding financial information.

Divorce Mediation

Mediation is a structured negotiation process in which a neutral third-party mediator facilitates discussion between the parties to help them reach agreement on contested issues. The mediator does not represent either party, does not provide legal advice, and cannot impose a resolution — their role is to create conditions under which the parties can negotiate effectively.  Mediation in Colorado is almost always conducted remotely, often on Zoom.

In Colorado, mediation is not optional in most contested cases. Courts in Denver and across the state’s judicial districts require parties to attempt mediation before a Permanent Orders Hearing can be scheduled. In Jefferson County though, a Permanent Orders Hearing will be set but it will not occur if the parties have not mediated or attempted to mediate prior to the trial date. This mediation requirement is built into the case management process as detailed in the Case Management Order issued shortly after the Petition for Dissolution is filed and then further established, if necessary, at the Initial Status Conference. Failure to participate in good faith can result in sanctions.

If mediation produces a full agreement, the terms are memorialized in a mediator-drafted agreement called a Memorandum of Understanding or, in a written Separation Agreement and Parenting Plan, which are submitted to the court for approval as part of the final decree. If mediation resolves only some issues, the remaining disputes proceed to a hearing. Mediation can occur at any point in the process — many cases settle in mediation after discovery is complete and both parties have a clear picture of the financial landscape.

Which Process Applies to Your Situation

The appropriate process depends on the level of agreement between the parties, the complexity of the marital estate, and whether children are involved. Uncontested proceedings are available only when full agreement is reached on every issue. Contested proceedings apply when any dispute remains unresolved. Collaborative divorce and mediation are tools for reaching resolution — they are not separate types of divorce but alternative paths to the same court-approved outcome.

Legal separation is a distinct proceeding with specific eligibility requirements that differ substantially from dissolution. Colorado courts handle all of these proceedings in the District Court of the county where either spouse is domiciled.

The Colorado Divorce Process

The state’s legal system follows a specific statutory roadmap governed by the Colorado Revised Statutes and the Colorado Rules of Civil Procedure.

Step 1 — File the Petition. The process begins with the filing of a Petition for Dissolution of Marriage (JDF 1101). Once filed and served, a mandatory 91-day statutory waiting period begins under C.R.S. § 14-10-106. The divorce cannot be finalized until at least 91 days have passed from the date of service or joint filing.

Step 2 — Mandatory Financial Disclosures. Colorado law (C.R.C.P. 16.2) requires full financial transparency from both parties. Within 42 days of service, both parties must exchange mandatory financial disclosures (Form 35.1), including pay stubs, tax returns, bank statements, and credit card bills. Failure to disclose assets fully can result in severe penalties and reopening of the case.

Step 3 — Initial Status Conference (ISC). Shortly after filing, the court schedules an Initial Status Conference with a Court Facilitator or Magistrate. This sets the case timeline, including deadlines for expert disclosure, mediation, and hearings.

Step 4 —Mandatory Mediation. Colorado courts require mediation in all divorce cases, often before the court will even set a final hearing. Mediation is a necessary process, and a mediator can help parties, including parties with counsel, reach a facilitated agreement or partial agreement, which saves time, money and appearances before a judge. 

Step 5 — Resolution or Trial. If the parties reach a full agreement, a Separation Agreement and Parenting Plan are drafted and submitted for court approval. If disputes remain unresolved, the case proceeds to a Permanent Orders Hearing where the judge issues a final Decree of Dissolution of Marriage.

Allocation of Parental Responsibilities

Colorado law no longer uses the term “custody.” Under C.R.S. § 14-10-124, courts determine the Allocation of Parental Responsibilities (APR) under Colorado child custody and parenting time law. APR is divided into two components:

1. Parenting Time — The actual schedule of overnights the child spends with each parent.
2. Decision-Making Responsibility — Who decides major issues regarding education, religion, and non-emergency medical care (Sole vs. Joint).

The court’s only standard is the best interests of the child. Colorado does not presume that equal parenting time is automatically in the child’s best interests — the court evaluates the specific circumstances of each family. When parenting matters are contested, child support obligations are calculated in conjunction with the parenting time schedule under C.R.S. § 14-10-115.

Property Division and Spousal Maintenance

Equitable Division of Assets

Colorado is an equitable distribution state, not a community property state. Under Colorado’s equitable property division statute, C.R.S. § 14-10-113, the court divides marital property equitably — meaning fairly, not necessarily equally. Factors include:

• Each spouse’s contribution to the acquisition of marital property, including homemaking contributions.
• The economic circumstances of each spouse at the time of division.
• Whether property is marital (acquired during the marriage) or separate (owned prior to marriage or received by inheritance or gift).

Marital property subject to division includes real estate, bank and investment accounts, retirement accounts, business interests, and debt accumulated during the marriage. Separate property — assets owned before the marriage or received as individual gifts or inheritance — is generally excluded from division, though commingling with marital assets often affects that characterization because placing separate property into joint ownership means that property is a presumed gift to the marriage.

Spousal Maintenance

Under Colorado spousal maintenance law, C.R.S. § 14-10-114, maintenance is not automatic. Courts apply advisory guidelines for couples with combined gross incomes under $240,000 per year. The formula calculates maintenance as approximately 40% of the higher earner’s monthly adjusted gross income minus 50% of the lower earner’s monthly adjusted gross income. The duration of maintenance is also guideline-based, scaled to the length of the marriage. Courts retain discretion to deviate from the guidelines based on the specific circumstances of each case.