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. 

In Colorado, if your child support order was issued in the state, typically child support ends when the child reaches the age of 19 upon emancipation. However, if the child is still pursuing a high school education or an equivalent program, child support continues until the end of the month after graduation, but not beyond the age of 21. If you have questions about your child support agreement speak to one of our Colorado family lawyers today!

According to Colorado child support law, COL. REV. STAT. §14-10-115, the amount of child support owed is calculated by applying a percentage (roughly 20% for one child and an additional 10% for each additional child) of the parents’ combined gross income to their child’s needs. It is then split between both parents, if financially feasible, according to their financial resources and needs.

The formula uses the gross incomes of both parents to establish a basic child support obligation, then divides the obligation between the parents according to their shared total parental income.

A parent who does not work at all or only part-time can have their earning potential imputed upon them by the court. This means the court can estimate what a parent could earn if he or she worked full-time. Parents who are full-time students working toward a degree or certificate, or parents caring for a young child less than 30 months old, may not be imputed with earnings. You can get an estimate of what your child support payments may look like by using our child support calculator or for a better idea speak to one of our experienced attorneys.

The Colorado Family Support Registry processes all child support and maintenance payments. Family Support Registry accounts are automatically set up. You’ll receive a letter containing a unique FSR account number that will be used to process your payments. Family Support Registry keeps an accurate legal record of all Colorado child support payments and provides customer service if you have any questions or problems paying.

• Electronic Check
• Mailed Checks and Money Orders
• Pay-by-Phone
• Credit & Debit Cards (Service fees apply)
• PayNearMe at 7-Eleven (Print payslip here)
• MoneyGram

You can learn more about these payment options on the FSR website.

In Colorado, the court can issue a judgment against individuals who fail to pay child support. Such failure may lead to a finding of contempt of court, potentially resulting which could lead to a fine and/or imprisonment, as determined by the court. Moreover, non-payment of child support may result in the denial of a passport application, suspension of a driver’s license, or professional license suspension.

Child support arrears do not disappear over time. Failure to pay child support will result in the creation of a balance that will remain outstanding until it is fully paid off. Interest charges may also be added to this balance.

In situations where a parent obligated to pay child support fails to fulfill the order entirely or partially, the Child Support Services (CSS) Program will take steps to enforce the order. This may involve court proceedings as well as administrative actions that can be implemented without formal court involvement.

Child Support Services possesses the power to garnish wages when a person fails to pay child support. The garnishment can either be a continuing deduction or a one-time occurrence. If necessary, CSS can seek a Writ of Garnishment from the court to deduct up to 65% of an individual’s disposable earnings to fulfill their child support obligations. Alternatively, a one-time garnishment can be utilized to seize non-wage personal assets like a bank account.

Furthermore, CSS has the ability to intercept income tax refunds, unemployment compensation, workers’ compensation benefits, and lottery winnings as additional measures to collect unpaid child support.

Modifications to an existing child support order in Colorado will only be considered by the court if there has been a significant and ongoing change in circumstances that warrants such an alteration. Typically, this change must result in a minimum of ten percent deviation from the existing support obligation.

Some examples of circumstances that may necessitate a modification include:

• A parent experiences a substantial change in income that is anticipated to continue.
• A parent is laid off or terminated from their job, cannot secure similar employment, and is unable to fulfill their payment obligations.
• If the child develops new healthcare needs, the child support may require modification to account for additional medical expenses.
• If a child has special educational needs, the original agreement may need to be adjusted to meet those needs.
• If one of the children becomes emancipated and is no longer subject to a support order.
• If the maintenance obligation between the parties is altered or terminated.
• If there is a significant and continuing change in the work or school-related child care costs that either parent incurs.
• A court-ordered, agreed-upon, or voluntary change in parenting time.

Speak with one of our experienced Colorado family lawyers today if you have questions concerning a child support modification.

Child support, in addition to each parent’s contribution to daily expenses during their respective parenting time, is designed to cover the majority of the expenses incurred by the receiving parent in raising the child. These expenses include basic necessities such as food, clothing, toiletries, and other essentials. Significant and exceptional expenses are generally divided between the parties based on the proportion of their combined monthly incomes.

Child support is a frequent source of conflict between divorced parents. The parent who pays may feel that the money is not being utilized for the benefit of their children, while the parent who receives it may believe that it is insufficient to cover the actual costs of raising a child.

Typically, the parent who receives child support has discretion over how the money is spent. The paying parent may request that the court mandate the receiving parent to account for the expenditure of the funds, but such orders are infrequent, and the court may require the requesting parent to cover the cost of such accounting, even if it is granted.

Child support payments are not taxable to the parent who receives them. This means that the parent does not need to report child support as income on their tax return, nor are they required to pay taxes on it. This is true regardless of whether the parent receives the support payments pursuant to a court order or through an informal agreement with the other parent.

On the other hand, child support payments are not tax-deductible for the parent who pays them. This means that the parent cannot claim the child support payments as a deduction on their tax return. This is true even if the parent is ordered by a court to make the payments.

If you are experiencing financial difficulties and are unable to meet your court-ordered child support obligations, it may be possible to seek relief by petitioning the court. In cases where a parent who owes child support is unemployed, the court may order the parent to pay support in accordance with a plan approved by the court. Alternatively, the court may require the parent to participate in work activities, such as community service or vocational training, to help them find gainful employment.

It is important to note that failure to comply with a court-ordered child support plan or work activities can result in serious consequences, including enforcement actions and even incarceration. Therefore, it is crucial to take prompt action and work with the court to find a solution that meets the needs of both the parent and the child.

As per Section 14-10-114(d), C.RS, in a divorce case in Colorado, the judge must determine that a person:

• Does not possess adequate property, including marital assets distributed to them, to cater to their reasonable requirements, and
• Cannot sustain themselves through suitable employment or is the primary caregiver for a child with a condition or circumstances that make it unsuitable for them to be obligated to seek work outside the home.

According to Section 14-10-114(C)(4), C.R.S., the court must take into account various relevant factors, which may include, but are not limited to:

• Financial resources of both the payer and recipient spouse,
• The standard of living that existed during the marriage,
• How the marital property was distributed,
• The income, employment, and employability of both parties,
• The spouses’ earnings history,
• How long the marriage lasted,
• The temporary maintenance amount,
• The age and health of both parties, and
• Any significant economic or non-economic contributions made during the marriage.

Spousal support orders, much like child support, may be altered in the future if necessary. In evaluating petitions for modification, the courts will consider if the grounds for the change are substantial and enduring enough to justify the adjustment.

Some typical reasons that may necessitate a modification of a spousal support order include:

• The obligated spouse has become unemployed or experienced a substantial decrease in income
• The obligated spouse has additional children or dependents to support
• The financial situation of the recipient spouse has changed
• The recipient spouse has remarried.

As per Section 14-10-122, C.R.S., the court can only issue an order modifying a maintenance/alimony order if the judge determines that there has been a significant and ongoing change that renders the original order unjust.

Maintenance payments made before December 31, 2018, were tax-deductible for the payer and taxable income for the recipient. However, maintenance orders issued after December 31, 2018, are not tax-deductible for the payer and are not considered taxable income for the recipient.

Reach out to one of our experienced Colorado divorce lawyers today if you have questions about filing for a spousal maintenance modification.

If your former spouse fails to pay court-ordered spousal maintenance in Colorado, you may seek legal action. One option is to pursue a contempt of court charge against them. Contempt of court is a legal action taken against an individual who has failed to comply with a court order.

If you choose to pursue contempt of court, the court will review the case and determine if the non-paying spouse is in violation of the spousal maintenance order. If found guilty, the non-paying spouse may be required to pay a fine or they may be sentenced to jail time.

Additionally, the court may choose to garnish the non-paying spouse’s wages or take other steps to collect the unpaid maintenance, such as seizing their tax refund.

If you are facing an issue where your ex isn’t making spousal maintenance payments you should speak to one of our Colorado divorce attorneys to review your options.

In Colorado, judges may order one spouse to pay temporary spousal maintenance while the divorce proceedings are ongoing. During this period, the judge will consider the factors that are relevant for both short-term and longer-term maintenance awards, as outlined in the guidelines.

Once the judge has determined the amount of temporary maintenance required, as well as any temporary child support, they will examine the financial resources of each party to determine how family debts will be paid during the divorce. The judge will also make decisions regarding the temporary allocation of marital property. This means that a spouse may be required to contribute to expenses such as house or car payments in addition to any temporary spousal maintenance award.

The length of time for which the temporary maintenance will be awarded is at the discretion of the judge.

In the absence of a written agreement between the parties stating otherwise, the obligation to pay spousal maintenance will terminate in the following circumstances:

• The death of either party
• The expiration of the end date specified in the spousal maintenance order
• The remarriage or entry into a civil union by the party receiving maintenance
• A court order terminating maintenance is entered.

If the parties can come to an agreement, they can determine the terms of support, including the frequency and method of payments. However, if an agreement cannot be reached, the court will intervene and make a decision. In most cases, periodic payments – typically on a monthly basis – are considered appropriate. The court may order that maintenance be paid directly to the spouse, or it can direct the paying spouse’s employer to withhold the award from the employee’s paycheck through an income withholding order.

In certain circumstances, the court may allow the paying spouse to make a lump-sum payment with property or cash if they are capable of doing so. The advantage of a lump-sum payment is that it eliminates the ongoing obligation to pay monthly support, and the recipient does not need to worry about the possibility of non-payment in the future.

Yes, upon remarriage spousal maintenance will no longer be awarded to the spouse receiving the payments.