FORTRESSFamily Law

Divorce (Dissolution of Marriage)

Divorce Lawyers Serving Denver and the Colorado Front Range

Clear-eyed guidance through every stage of a Colorado dissolution of marriage, from the first filing to the final decree.

Divorce in Colorado is a defined legal process with its own clocks, disclosures, and local rhythms, and knowing how it actually works takes most of the fear out of it. Fortress Family Law guides people across Denver, Arapahoe, Douglas, Adams, Jefferson, and Broomfield counties through dissolution of marriage with straight answers and a written plan.

A divorce also sets the terms for everything that follows: how parental responsibilities are allocated, how child support is calculated, and whether maintenance applies. We treat those pieces as one strategy, not separate fights.

How we help

  • Filing or responding to a petition for dissolution of marriage in any Denver metro district court
  • Completing Colorado's mandatory financial disclosures and preparing for the initial status conference
  • Equitable division of marital property and debt, including homes, retirement accounts, and family businesses
  • Temporary orders for parenting time, support, and use of the home while the case is pending
  • Contested and uncontested dissolutions, with a focus on resolving issues by agreement whenever possible
  • Coordinating the dissolution with maintenance, child support, and your parenting plan

How Divorce Works in Colorado

Colorado is a pure no-fault state: the only ground for dissolution is that the marriage is irretrievably broken under C.R.S. 14-10-110, and courts do not weigh adultery or blame when granting the decree.

  • At least one spouse must have been domiciled in Colorado for 91 days before filing, per C.R.S. 14-10-106.
  • The court cannot enter a decree until at least 91 days after it acquires jurisdiction over the responding spouse (by service or a co-petition), and that waiting period cannot be waived even in full-agreement cases.
  • Filing triggers an automatic temporary injunction under C.R.S. 14-10-107: neither spouse may hide or dispose of marital property, cancel insurance, or take the children out of state without consent or court order.
  • For court orders about the children, Colorado generally must be the child's home state under the UCCJEA, which usually means the child has lived here for the last six months. Interstate situations deserve early legal review.

The Colorado Divorce Timeline, Step by Step

The case begins with a petition and summons (or a co-petition filed together), followed by an initial status conference that most metro districts set within about six weeks of filing.

  • Both spouses must exchange sworn financial statements and mandatory disclosures under Colorado Rule of Civil Procedure 16.2, generally within 42 days, covering income, assets, debts, and supporting documents.
  • Temporary orders can address parenting time, support, and use of the home while the case is pending, which matters because most cases run several months past the 91-day minimum.
  • Most metro judicial districts order mediation before any contested hearing, and many cases settle there.
  • Cases that resolve fully can often finish on paperwork through an affidavit for decree without a hearing; contested cases proceed to a permanent orders hearing before a judge.

Dividing Property and Debt Under C.R.S. 14-10-113

Colorado divides marital property equitably, which means fairly in light of the statutory factors, not automatically 50/50, and marital misconduct is not considered.

  • Separate property (owned before marriage, or received by gift or inheritance) stays with its owner, but the increase in its value during the marriage is marital and divisible.
  • Retirement accounts, pensions, and stock compensation earned during the marriage are marital property, and dividing them often requires specialized orders such as QDROs.
  • Debts are allocated equitably too, including mortgages, credit cards, and tax liabilities, regardless of whose name is on the account.
  • The court considers each spouse's contributions (including as homemaker), the value of property set apart to each, economic circumstances at the time of division, and any depletion of marital assets.

Children, Support, and Maintenance in a Divorce

Parenting arrangements are decided as an allocation of parental responsibilities under C.R.S. 14-10-124, guided by the best interests of the child.

  • Child support follows Colorado's income shares model under C.R.S. 14-10-115, based on both parents' incomes and the number of overnights each parent has.
  • Spousal maintenance is evaluated under the advisory guidelines in C.R.S. 14-10-114, with a formula the court considers but is not bound by.
  • Most Denver metro districts require divorcing parents of minor children to complete a court-approved parent education class before permanent orders.
  • A comprehensive parenting plan covering schedules, holidays, decision-making, and communication is expected in every case involving children.

Contested vs. Uncontested Divorce in Colorado

An uncontested divorce means full written agreement on property, debts, parenting, and support, memorialized in a separation agreement the court reviews under C.R.S. 14-10-112 for unconscionability.

  • Co-petitioning starts the 91-day clock immediately and signals cooperation, but spouses can still disagree later; the label matters less than the substance of the agreements.
  • Contested cases involve discovery, possible expert valuation of businesses or real estate, temporary orders, and a permanent orders hearing.
  • Legal separation is an alternative under C.R.S. 14-10-106 that divides property and sets support without ending the marriage, which some spouses choose for insurance or personal reasons.
  • Even amicable spouses benefit from independent legal review before signing, because property division is final and generally cannot be reopened after the decree.

Local courts and where to file

Divorce petitions are filed in district court: Denver District Court (2nd Judicial District), Arapahoe County in Centennial (18th JD), Douglas County in Castle Rock (23rd JD, newly split from the 18th in January 2025), Adams and Broomfield counties (17th JD), and Jefferson County in Golden (1st JD). Each district runs its own case management practices, initial status conference scheduling, and parent education requirements, so where you file shapes your timeline.

Last updated August 2026.

Questions we hear

Divorce FAQ

How long does a divorce take in Colorado?

The absolute minimum is 91 days from the date the court gets jurisdiction over both spouses, because Colorado law bars a decree before then. Fully agreed cases often finish within about three to five months, while contested cases commonly run six to twelve months or longer. Every case is different, and county docket speed affects the timeline.

Is Colorado a 50/50 divorce state?

No. Colorado uses equitable distribution under C.R.S. 14-10-113, meaning marital property is divided fairly based on statutory factors, which may or may not be an equal split. Colorado is not a community property state, and outcomes vary with each family's circumstances.

Do I need a reason to file for divorce in Colorado?

No. Colorado is a no-fault state, so the only ground is that the marriage is irretrievably broken. One spouse's statement to that effect is enough, and the other spouse cannot stop the divorce by disagreeing.

Does it matter who files for divorce first in Colorado?

Filing first carries no built-in legal advantage in property division, parenting, or support. It can affect practical details like which county hears the case and scheduling. Whether filing first helps in your situation depends on the specific facts, so it is worth discussing before acting.

Do I have to live in Colorado to file for divorce here?

At least one spouse must have been domiciled in Colorado for 91 days before filing. If children are involved, Colorado generally also needs to be the child's home state under the UCCJEA, which usually requires the child to have lived here for six months. Cross-state situations are fact-specific and worth reviewing with a lawyer.

Can we get divorced without going to court in Colorado?

Often, yes in the sense of avoiding a contested hearing. Couples who reach full agreement can usually submit a separation agreement and affidavit and receive a decree on the paperwork, though the 91-day waiting period still applies. Some judicial districts still require brief appearances, so the exact process varies by county.

These answers are general information about Colorado law, not legal advice about your situation. For advice you can rely on, talk with an attorney about the specifics of your case.

Protecting What Matters Most

Talk to us before you decide anything.

The earliest decisions in a family law matter are often the most important ones. A confidential consultation gives you a clear picture of where you stand.

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