Colorado

Divorce in Colorado: what the process actually looks like Divorce in Colorado: what the process actually looks like

Divorce in Colorado: what the process actually looks like

Colorado is a no-fault divorce state, only requiring one party to assert that there has been an irretrievable breakdown in the marriage. Because of this, marital fault is statutorily irrelevant to property and maintenance allocation, with a procedural structure built around one number: 91. Ninety-one days of Colorado residency to file; entry of a decree no earlier than 91 days after service or joint filing of the petition. And beneath that tidy procedure sits the single most consequential property rule in our six-state footprint: in Colorado, the appreciation of your separate property during the marriage is marital property. All of it. Own a company worth $2 million at the time of marriage and $10 million at the filing? The $8 million of growth is marital — no active/passive analysis, no marital-effort requirement. Just the math. When it comes to allocation of parental responsibilities (commonly referred to as parenting time and decision-making), the primary consideration is the best interest of the children.

The ground rules

Parties can file a petition after 91 days' domicile in the state; the earliest possible day the court can enter the final decree is 91 days after service or filing of a co-petition. Colorado's financial disclosure requirement is quite rigid: Rule 16.2 imposes an affirmative duty to disclose all material information without being asked — sworn financial statements and a mandatory document exchange on a court-set schedule — and it backs the duty with a five-year lookback: assets omitted from disclosure can be reallocated for up to five years after the entry of the decree. Colorado built its system to encourage transparency and discourage the hiding of assets. The stages: Colorado divorce timeline and process.

Property: equitable division and the appreciation rule

Under C.R.S. § 14-10-113, separate property (premarital, inherited, gifted) stays with its owner — but its increase in value during the marriage is marital, divided equitably along with everything acquired during the marriage. There is no statutory presumption of 50/50; the court weighs contributions (homemaking included), the value of property set apart to each spouse, economic circumstances of each spouse, and any dissipation of property — never fault. The practical consequence: Colorado property cases are valuation-date cases. What was it worth at the time of the marriage? What's it worth now? Those two appraisals define the marital share, which makes historical valuation evidence the crown jewels of a Colorado business-owner or high-asset divorce: Colorado high-asset divorce.

Maintenance: the advisory formula

Colorado calculates maintenance (spousal support) using a specific formula — this is an advisory amount, not mandatory or even presumptive. For combined incomes up to $240,000, guideline maintenance runs 40% of the parties' combined monthly adjusted gross income minus the lower-earning spouse's income, with duration scaled to marriage length on a statutory schedule. Courts must consider the guideline for all marriages longer than three years, then may deviate after considering the specific facts of a case. For combined incomes above $240,000, the formula yields to pure judicial discretion — where advocacy and lifestyle evidence take over. The formula's existence makes Colorado maintenance more predictable than our other states for those with average or moderate incomes, and just as contested for those with high incomes.

Kids

Parental responsibilities and the newly overhauled 2026 child support rules live at Colorado custody and support.

Which kind of case is yours?

Full agreement? Uncontested divorce in Colorado — Colorado can enter decrees by agreement and affidavit, without a hearing.
Real disputes? Contested divorce in Colorado.
Not ready to divorce? Legal separation in Colorado — with a six-month conversion rule to understand.
Wills and beneficiaries? Estate planning and divorce in Colorado.

Built for Colorado's hard cases

From Denver, Brown Carrington handles Colorado dissolutions and parental responsibilities with the expertise and personal attention each client deserves.

Straight answers.

Does my premarital business really share its growth in Colorado?

The marital-era appreciation, yes — that's C.R.S. § 14-10-113 working as written. The fights are valuation-date fights: the date-of-marriage value is your baseline, so proving it is imperative.

Does cheating matter in a Colorado divorce?

No — Colorado is a no-fault state, meaning infidelity doesn't matter but the improper use of marital assets can be considered dissipation and impact the equitable division of property.

How long does a Colorado divorce take?

Uncontested cases can be finalized at or shortly after the 91-day waiting period, assuming all of the necessary documentation has been filed. Contested or complex cases commonly take six months to two years.