To file for divorce in Colorado, at least one spouse must meet the state’s residency requirements and file a Petition for Dissolution of Marriage with the court. The process typically includes filing paperwork, exchanging financial information, and resolving issues such as property division, child custody, child support, and spousal maintenance. 

Both divorce and legal separation allow spouses to divide property, address support, and resolve issues involving children. The key difference is that a divorce legally ends the marriage, while a legal separation allows spouses to remain legally married. Some couples choose legal separation for personal, financial, religious, or insurance-related reasons. 

Learn how legal separation works in Colorado. 

At least one spouse must have lived in Colorado for at least 91 days before filing for divorce. If children are involved, additional Colorado residency requirements may apply. 

No. Colorado is a no-fault divorce state, which means neither spouse has to prove wrongdoing. Instead, one spouse must state that the marriage is irretrievably broken and cannot be repaired. 

The shortest a divorce can take in Colorado is 91 days from the date the case is filed or the responding spouse is served. However, divorces involving disputes over children, finances, or property often take longer. You can schedule a free consultation and talk to our local Colorado family law team, who can explain the different timelines that might apply to your case. 

The cost of a divorce varies depending on the complexity of the case and whether the parties agree on key issues. Uncontested divorces are generally less expensive than contested divorces involving disputes over property, parenting time, or support. 

You can learn more about the cost of a divorce attorney in Colorado by visiting our fees & costs page. You may also be interested in our calculators to help you determine the costs associated with your situation. However, for the best estimate on the cost of your case, we recommend speaking with one of our experienced Colorado divorce attorneys who is familiar with Colorado divorce laws and knows your local court rules. They can evaluate the specifics of your case and explain your options.  

At Modern Family Law, we understand the concerns you might have about the potential cost of your case. We want Colorado families to have access to quality legal support and now offer our SimpleStart™ reduced retainer program to help eligible clients afford representation.  

In an uncontested divorce, both spouses agree on all major issues and can often resolve the case more efficiently. In a contested divorce, one or more issues remain disputed and may require negotiation, mediation, or court involvement. 

In some cases, yes. Many uncontested divorces can be resolved with little or no time in a courtroom. However, a judge must still approve the final divorce agreement before the marriage can be legally dissolved. 

Possibly. In Colorado, an annulment is called a declaration of invalidity of marriage. Unlike a divorce, which ends a valid marriage, an annulment treats the marriage as though it were never legally valid. Annulments are only available in limited circumstances, such as fraud, lack of consent, or one party being unable to legally marry.  

Learn about the grounds for annulment in Colorado. 

No. Colorado follows the principle of equitable distribution, which means marital property is divided fairly based on the circumstances of the case. Fair does not always mean a 50/50 split. 

Colorado courts divide marital property using equitable distribution. When spouses cannot reach an agreement, the court considers factors such as each spouse’s contributions to the marriage, economic circumstances, and the value of marital assets and debts. 

Learn more about how assets are divided in a Colorado divorce. 

Marital property generally includes assets and debts acquired during the marriage, regardless of whose name is on the account or title. Certain assets, such as inheritances and gifts received by one spouse, may be considered separate property. 

Possibly. Colorado courts may award spousal maintenance when one spouse has a financial need, and the other can pay. Factors such as income, the length of the marriage, and each spouse’s financial circumstances may affect whether maintenance is awarded. 

Yes. Some parts of a Colorado divorce decree can be modified after the divorce is finalized if circumstances have changed. For example, child custody, parenting time, child support, and spousal maintenance may be modified in certain situations. However, property division is generally final and cannot be changed once the divorce is complete. Learn more about post-decree modification in Colorado. 

No. You are not required to hire a lawyer to get divorced in Colorado. But legal guidance can be especially helpful when your divorce involves children, property, spousal maintenance, or disagreements with your spouse. An experienced divorce attorney can help you understand your options and avoid unnecessary expenses. 

Family law attorneys help people navigate legal issues involving relationships, children, and family matters. In Colorado, this can include adoption, paternity, guardianship, protection orders, and appeals of family court decisions. Family law attorneys may also assist clients with mediation and other forms of alternative dispute resolution. An experienced family law attorney can help you understand your options, protect your rights, and work toward a solution that supports you and your priorities. 

Mediation is a confidential process where both parties work with a neutral third party to resolve disagreements outside of court. In many Colorado family law cases, the court may require both parties to participate in mediation before the final hearing, but there are exceptions, like cases involving domestic violence, emergency matters, or where mediation has been waived. Reaching an agreement through mediation can save time, reduce conflict, and give you more control over the outcome than leaving important decisions up to the court. 

Learn about divorce mediation in Colorado. 

Not always. Many Colorado family law matters are resolved through mediation, negotiated agreements, settlement, or other forms of alternative dispute resolution. Reaching an agreement outside the courtroom can often save time, reduce conflict, and give you more control over the outcome. If you and the other party cannot reach an agreement, a judge will make decisions based on Colorado law and the specific facts of the case. 

You can find self-help resources, forms, rules, and procedures for Colorado courts on the Colorado Judicial Branch website. 

Adoption is the legal process of creating a permanent parent-child relationship. Colorado offers several types of adoption, including stepparent, relative, agency, and private adoptions. Specific adoption requirements can be different depending on the type of adoption, but the process generally involves filing legal documents, meeting eligibility requirements, and obtaining court approval. Because every adoption is different, the right legal guidance can help you understand the requirements, avoid unnecessary delays, and go through the adoption process more smoothly. 

The Colorado Judicial Branch provides information and forms for legal custody adoption in Colorado. 

A stepparent adoption allows a stepparent to become a child’s legal parent. Once finalized, the stepparent gains the same parental rights and responsibilities as a biological parent. Depending on the circumstances, the process may require consent from the other biological parent or termination of that parent’s parental rights.  

Learn more about adoption in Colorado. 

In Colorado, paternity, which is the process of establishing a child’s legal father, can be done voluntarily by signing legal forms or through a court proceeding. Confirming paternity in Colorado can affect important issues such as parenting time, decision-making responsibilities, child support, inheritance rights, and access to medical information.  

A protection order is a court order designed to help protect someone from threats, harassment, abuse, or domestic violence and may also apply to stalking, sexual assault, coercion, and related conduct. In Colorado, you can ask the court for a protection order, and in some situations, temporary protection may be granted quickly. Because protection orders can impact parenting arrangements, communication between family members, and other legal matters, make sure you understand your options before taking action. 

The Colorado Judicial Branch provides additional information about obtaining a protection order, including filing requirements and court procedures.  

Yes. If you believe a family court made a legal error that affected the outcome of your case, you may be able to appeal the decision to a Colorado court of appeals. Appeals are different from asking a judge to reconsider a ruling and generally focus on whether the trial court correctly applied the law and followed proper legal procedures. Strict deadlines apply, so if you’re considering an appeal, speak to an attorney as soon as possible.   

Learn more about appealing a family law case in Colorado. 

Yes, in many cases. Family circumstances often change after a court order is already issued. Depending on the situation, you might be able to request changes to certain orders if there has been a substantial change in circumstances. Whether a modification is available will depend on the type of order and the specific facts of your case. 

Instructions about changing court orders are available on the Colorado Judicial Branch website.  

Guardianship gives an adult the legal authority to care for a child when a parent is unable to do so. Unlike adoption, guardianship does not permanently terminate a parent’s rights. Guardians may be responsible for making decisions about a child’s education, healthcare, and daily needs. Guardianship can provide stability and support while preserving the child’s legal relationship with their parents. 

A Motion to Enforce is a legal action filed in family court to request that the court enforce an existing order related to a family law case. These orders may include child support, spousal support, child custody, visitation, or property division. When a court order is violated, a Motion to Enforce can be filed to ensure compliance and seek the necessary remedy. The purpose of a Motion to Enforce is to hold the violating party accountable for their actions and to enforce the court’s orders, ultimately ensuring that the best interests of the parties and any children involved are protected. 

A Motion to Enforce may be necessary in situations where one party is not following a court order. For example, if one parent is not following a child custody or visitation order, the other parent may file a Motion to Enforce to ensure that the order is enforced. Learn more about motions to enforce. 

Colorado uses a set formula to calculate support under the Colorado child support guidelines. The court considers each parent’s gross income, the number of children involved, parenting time, health insurance costs, childcare expenses, and other specific child-related expenses. The goal is to make sure children receive financial support from both parents. You can get an estimate of what your child support payments may look like by using our child support calculator. The Colorado courts also provide an official Colorado child support calculator for general estimates. 

No. Equal parenting time does not automatically eliminate the need for child support in Colorado. If parents share parenting time equally, one parent may still be required to pay support if there is a significant difference in income. Colorado’s child support formula considers both parenting time and each parent’s financial resources when determining support obligations. 

Child support is based on more than just your paycheck.  Colorado courts look at most sources of income, including salary, bonuses, commissions, overtime, self-employment income, rental income, and investment earnings. The goal is to get a complete picture of each parent’s financial situation. 

If a parent quits a job, cuts back their hours without a good reason, or earns less than they reasonably could, the court may use their earning potential instead of their actual income when calculating child support. 

Yes. Child support can be changed when there’s been a significant change in circumstances since the current order was entered. Common reasons to request a modification include losing a job, receiving a substantial raise or pay cut, changes to the parenting schedule, rising childcare costs, or changes in a child’s needs. If your current child support order no longer reflects your family’s reality, you may be able to ask the court to review and update it. 

Job loss doesn’t automatically stop a child support obligation. In Colorado, your existing child support order remains in place until the court approves a modification. That means missed payments can continue to add up, even if your income has changed dramatically. The sooner you address the issue, the more options you may have to avoid facing potential contempt of court actions. Parents who need to change an existing child support order may be required to file child support modification forms with the court. 

If child support is not being paid, the court has ways to enforce the order. Depending on the situation, enforcement may include wage garnishment, tax refund intercepts, bank account liens, license suspension, or other collection tools. All child support payments are processed through Colorado’s Family Support Registry. If you are owed child support, you can look for help through the Colorado Child Support Services Program to enforce support obligations. 

In most cases, child support ends when a child turns 19. Still, there are exceptions for certain situations, like when a child has a disability or is enrolled in a qualifying educational program. If you have questions about your child support agreement, talk to our Colorado family law attorneys today. 

No. You cannot stop paying child support because the other parent is denying parenting time. Many parents assume these issues go hand in hand, but Colorado courts treat them separately. Even if the one parent is not following the parenting plan, the other parent is still expected to follow the child support order. 

If you’re being denied time with your child, you may have options to enforce the parenting plan. But it’s important to go through the proper legal channels rather than withholding support payments. 

Yes. Colorado child support calculations typically account for work-related childcare expenses and health insurance costs. Parents may also be required to share certain expenses, such as uninsured medical, dental, or vision costs. Every family is different, so the way these expenses are divided will depend on your specific circumstances and the terms of your court order. 

No, you are not required to hire an attorney for child support cases, but support disputes can get complicated fast. Questions involving self-employment income, overtime, bonuses, parenting time adjustments, hidden income, modifications, or enforcement actions often require a detailed understanding of Colorado law. An attorney can help protect your rights, ensure accurate financial disclosures, and advocate for a fair outcome. 

Whether you’re trying to establish child support, change an existing order, or resolve a dispute, having the right information can make a significant difference in the outcome of your case. 

Colorado has maintenance guidelines that help courts decide whether spousal support may be appropriate and how much support should be paid. Because every family is different, there’s no standard answer. The starting point is usually each spouse’s income, but that’s only part of the picture. Courts may also look at things like how long the marriage lasted, each person’s financial situation, and whether both spouses can reasonably support themselves after the divorce. 

To get an estimate of potential spousal maintenance payments, use our Colorado Spousal Support Calculator. 

Yes. Many couples reach their own agreement about spousal maintenance through negotiation, mediation, or collaborative divorce. Reaching an agreement may give you more flexibility and control than asking a judge to decide the issue. 

It might. In Colorado, spousal maintenance may end if the spouse receiving support remarries. But the answer depends on the language in your court order or separation agreement. Some agreements include specific terms about when maintenance ends, while others may require additional legal action. 

If you are paying or receiving spousal maintenance and a remarriage is involved, it’s important to understand how your existing order applies to your situation before making assumptions about your rights or obligations. 

Maybe. Many people think spousal maintenance only applies after a long marriage, but that’s not always true. A shorter marriage doesn’t automatically mean maintenance is off the table. When deciding whether spousal maintenance is appropriate, Colorado courts look at the financial situation of both spouses and whether one person may need support after the divorce. The court looks at the facts of each case, not just how long the marriage lasted. 

The length of a maintenance award depends on several factors, including the length of the marriage and the terms of any agreement between the spouses. 

Some maintenance orders are temporary and help a spouse adjust after divorce. Others may last for a longer period of time. The court’s goal is to reach a result that is fair based on the specific circumstances of the family.  

For a closer look at how maintenance is calculated and the factors courts consider, read our guide to Understanding Spousal Maintenance in Colorado. 

Not everyone qualifies for spousal maintenance after a divorce. The court looks at the financial situation of both spouses to decide whether support makes sense. That includes things like income, available assets, earning potential, and how the family lived during the marriage. Every situation is different, which is why maintenance is decided on a case-by-case basis.  

Reach out to one of our experienced divorce attorneys in Colorado if you have questions about filing for spousal maintenance. 

No, maintenance is not awarded in every divorce. Just because one spouse earns more than the other does not mean maintenance will automatically be ordered. Courts look at the facts of each case and consider whether support is appropriate under Colorado law. 

Yes, in some cases. A spousal maintenance order can sometimes be changed if there’s been a major change in circumstances since the order was entered. For example, one spouse may lose a job, experience a significant change in income, develop a serious health condition, or face other major financial challenges. The answer depends on your court order and the details of your situation, but a change in circumstances doesn’t always mean you’re stuck with the same maintenance arrangement forever. 

If you’re considering a modification, the Colorado Judicial Branch provides forms and procedural information.