Colorado uses a no-fault divorce system with a single recognized ground, which removes some of the barriers found in states that require proof of fault. You do not need to prove fault, and you do not need your spouse’s agreement. What you do need is to meet the state’s residency rules and to have a clear picture of what the court will require before it grants your decree.
Colorado’s No-Fault Divorce Standard: The Only Ground the Court Recognizes
Colorado is a no-fault divorce state. There is only one legally recognized ground for divorce: the marriage is irretrievably broken. No affair, no abuse, no misconduct of any kind has to be proved. If you believe the marriage is over and cannot be repaired, that is enough.
You also do not need your spouse’s agreement. One spouse’s conviction that the marriage is irretrievably broken is sufficient for the court to proceed.
What “Irretrievably Broken” Actually Means
An irretrievably broken marriage is one with no reasonable prospect of reconciliation. The court does not require proof that counseling was attempted, that separation was tried, or that anything specific was done to save the marriage. If either spouse states the marriage is irretrievably broken, the court accepts that.
Under Colorado law, the court can pause to consider reconciliation prospects if the claim is disputed, but the statute ultimately provides that a divorce proceeds if the marriage is found to be irretrievably broken. If one spouse is committed to ending the marriage, that finding is generally made.
When Fault Still Matters in a Colorado Divorce
Fault is not required to file. But certain conduct can still affect what the court decides about finances and parenting. There are three specific areas where this applies.
Dissipation of marital assets
If one spouse spends marital funds recklessly before or during the divorce, whether on an affair, gambling, gifts to third parties, or spending sprees, the court can adjust the property division to account for the waste.
Hiding or fraudulently transferring assets
Moving money offshore, gifting property to family members, taking on fake debt, or otherwise concealing marital assets affects how the court divides the remaining assets. Colorado courts have the authority to account for fraudulent transfers and concealment when determining an equitable division of property.
Domestic violence or child abuse
A history of abuse or domestic violence can significantly affect parenting time and decision-making outcomes when a child’s safety is at issue.
Outside these specific situations, Colorado’s child support calculation is based on a statutory formula that focuses on income, overnights, and costs. Parenting time decisions are based on the best interests of the child, using the factors set out in C.R.S. 14-10-124. Maintenance is determined by the factors in C.R.S. 14-10-114, including financial resources, earning capacity, and length of marriage. Marital misconduct is not a listed factor in any of those three statutory frameworks.
Colorado Divorce Residency Requirements: The 91-Day Rule and What Applies to Children
Before you can file for divorce in Colorado, you have to satisfy the state’s residency rules. There are two separate requirements depending on whether the case involves children.
The 91-Day Rule for the Divorce Itself
At least one spouse must have been domiciled in Colorado for 91 days before filing the petition. Domicile is not just about physical presence. It means intent to make Colorado your permanent home. Evidence that can support a domicile claim includes things like where you receive mail, where you are registered to vote, where your vehicle is registered, and where your employment and tax filings are based.
If there is any question about whether you meet this requirement, speak with an attorney before filing.
Children’s Residency Rules Under the UCCJEA
When children are involved, a separate set of residency requirements applies. These come from the Uniform Child Custody Jurisdiction and Enforcement Act, which governs which state’s courts have authority to make custody decisions.
- Children must have lived in Colorado with at least one parent for at least 182 days (six months) before filing.
- If a child is under six months old, the child must have lived in Colorado with at least one parent since birth.
If the children have not lived in Colorado long enough, Colorado courts may lack jurisdiction over custody and parenting issues, even if the adult residency requirement is met. Depending on the circumstances, custody matters may need to be addressed in the state that qualifies as the child’s home state under the UCCJEA. An attorney can help you determine which jurisdiction applies before you file.
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Filing, Service, and the 91-Day Waiting Period
Once residency is established, one spouse files a petition for dissolution of marriage with the appropriate county court. If both spouses file jointly, no separate service step is required. If only one spouse files, the other has to be formally served with the petition.
After service, the responding spouse has 21 days to file a response if served in Colorado, or 35 days if served out of state.
A 91-day waiting period applies from the date of service or joint filing. The court cannot enter a final decree before that period has passed, even if both spouses have agreed on every term and everything is ready to go.
Issues Every Colorado Divorce Must Resolve
Before a final decree can be entered, the court requires that all core issues be addressed, either through a signed agreement between spouses or through a court ruling. These issues fall into two categories: financial matters and parenting matters.
Financial matters include the division of marital property, spousal maintenance, and child support. Parenting matters include parenting time and decision-making authority.
Frequently Asked Questions About Colorado Divorce Grounds and Requirements
Do I need my spouse’s consent to file for divorce in Colorado?
No. You can file for divorce without your spouse’s agreement. The only ground Colorado recognizes is that the marriage is irretrievably broken, and one spouse’s position that this is the case is enough for the court to proceed.
What if my spouse disputes that the marriage is irretrievably broken?
The court can consider whether there is a realistic prospect of reconciliation, but this rarely prevents a divorce from proceeding. If one spouse is committed to ending the marriage, the court generally grants it.
Can I file for divorce if I recently moved to Colorado?
Not right away. You or your spouse must have been domiciled in Colorado for at least 91 days before filing. If children are involved, they generally need to have lived in Colorado for at least 182 days before Colorado courts can exercise jurisdiction over custody matters.
What if my spouse spent or hid marital assets before the divorce?
You can present evidence of the dissipation or concealment to the court. The judge can adjust the property division to account for what was spent, transferred, or hidden. This is one of the specific situations where conduct during or before the divorce directly affects the financial outcome.
Does a prenuptial agreement change what has to be resolved?
A valid prenuptial or postnuptial agreement can define what counts as separate property and what is marital, and in some cases can limit or waive spousal maintenance. It does not override child-related issues. The court decides custody and child support based on the children’s best interests, regardless of any prior agreement between the parents.
Talk to a Colorado Divorce Attorney About Your Situation
If you are not sure whether you meet Colorado’s residency requirements, how fault-based conduct might affect your case, or what the court will require before granting your decree, the fastest way to get a clear answer is to schedule a consultation. CNL Law Firm works with clients throughout Douglas, Arapahoe, and Elbert counties, as well as the wider Denver metro area. We keep our caseloads small, so every client receives direct communication with an attorney and guidance tailored to the specifics of their case.
Call (720) 370-2171 or use our contact form to schedule your free consultation.
