Colorado

Divorce Law Guide

The facts about divorce in Colorado

Divorce, or dissolution of marriage, is the legal process of severing a marriage contract, which is overseen by a court of law in the state in which one or both of the divorcing spouses live. The process for getting a divorce and acceptible grounds for divorce vary from state to state.

In Colorado, a divorce can be completed on average in a minimum of 180 days, with court fees of $230.00. The state has divorce residency requirements that require the spouse filing for the divorce to have lived in Colorado for a minimum of twelve months.

On this page, you can learn about Colorado's grounds for divorce, how the divorce process works, and about other parts of the divorce process, such as Colorado alimony calculation, the property division process and more.

What are the Grounds for Divorce?

For the state of Colorado, divorce proceedings are not as cut and dry and some states. When a request for a divorce is put in, the judge is responsible for determining if the marriage is unsalvageable before they can move forward towards separating the pair. If both sides agree through an affidavit that the marriage is unreconcilable, there is a chance that it could go through without too much extra work but that is not guaranteed. Colorado is not a no-fault state.

One firm rule is that the court cannot issue a decree even though both sides agree for 90 days. The spouse has 15 days to respond to the court and 30 days if they are located outside of the state.

It is important in this state to consult a lawyer who specializes in divorce cases to make sure that everything is submitted on time and what should be needed if the court wants more information to make a decision.

In state of Colorado a number of factors are taken into account when ending a marriage.

1. Colorado Grounds for Divorce FAQ

Is Colorado a no-fault divorce state?

Colorado allows no-fault divorces, which means that a divorce is granted without establishing the fault of either spouse for causing the divorce. Grounds for a no-fault divorce in Colorado may be "irreconcilable differences", or similar grounds.

The state of Colorado is exclusively a no-fault divorce state, which means that the only grounds for divorce offered on divorce applications are considered no-fault.

Does Colorado allow at-fault divorces?

Colorado does not support traditional at-fault grounds for divorce, instead offering blanket divorce grounds that do not require either spouse to be proved to be at-fault when filing for divorce.

Does the state of Colorado allow incompatibility as grounds for divorce?

Yes, Colorado does allow incompatibility to be used as grounds for having a divorce.

Can you get a divorce in Colorado for living separate and apart?

In divorce law, "living seperate and apart" refers to married spouses who are living separate from each other, not engaging in a traditional marital relationship, and do not intend to repair the marriage.

Colorado does not allow a divorce to be granted solely on the grounds of living seperate and apart from your spouse. You must instead file for divorce under one of Colorado's accepted grounds for divorce.

2. Colorado Divorce Process FAQ

Does state of Colorado allow legal separation?

Legal separation (otherwise known as "judicial separation") is a legal process that enables spouses to be de facto separated while remaining legally married.

In some cases, Colorado will grant a judicial separation court order to a married couple who wishes to live separately. This order may settle issues generally handled in a divorce such as property division and alimony. A legal separation may be followed up by a full divorce, or the spouses may later reconcile and end the separation while remaining legally married.

What's the difference between a divorce and an annulment in Colorado?

While a divorce is the process of exiting a legally valid marriage, an annulment is the process of rendering a marriage null and void. An annulment makes it legally as if a marriage never took place to begin with.

Generally, annulment is used to conclude a marriage that should not have been legally recognized in the first place, such as a marriage where one of the spouses was unable to consent (by virtue of being underage, due to mental incapacity, or even intoxication), a marriage that was entered into under duress or via fraudulent means, or when one of the spouses was already legally married.

How long do I have to live in in the state of Colorado to get a divorce?

The state of Colorado requires that spouses suing for divorce to have lived in the state for a minimum of twelve months prior to filing divorce papers. Otherwise, Colorado courts are not considered to have jurisdiction over the divorce case.

What is the filing fee for a divorce in Colorado?

The court fees for filing the paperwork for a basic divorce in a Colorado court is $230.00. However, the total costs for a divorce can be much higher - especially in the case of a contested divorce, where attorney fees and mediation costs average from $15,000 to $20,000 or more.

How long does it take to get a divorce in Colorado?

If the process moves along without holdups, the paperwork for a divorce in Colorado can be processed in a minimum of 180 days. However, if the spouses are not in agreement about the divorce process, a contested divorce can take significantly longer.

3. Colorado General Divorce FAQ

Can my spouse stop me from getting a divorce?

Even if one spouse is opposed to getting a divorce, they cannot stop their partner from filing for and receiving a divorce in Colorado. While filing a non-contested joint petition for divorce speeds up the process, either spouse can file for divorce individually at any time.