Colorado Divorce (Dissolution of Marriage)
Colorado is a no-fault state and calls divorce a 'dissolution of marriage' — the only ground is that the marriage is irretrievably broken. At least one spouse must have lived in Colorado for 91 days, and a decree can't enter until 91 days after the court gets jurisdiction over the other spouse. Marital property is divided equitably (not necessarily equally), and spousal maintenance follows an advisory statutory guideline.
By Find Local Law Editorial Team · Last reviewed: May 24, 2026
Researched and drafted with AI assistance and verified against primary sources (statutes, Judicial Council forms, and official court websites). This is general information, not legal advice.
In Colorado, divorce is legally called dissolution of marriage, and it’s handled in the district court. Colorado is a no-fault state, so you never have to prove your spouse did anything wrong.
No-fault: “irretrievably broken”
The only ground for divorce is that the marriage is irretrievably broken (C.R.S. 14-10-106). Marital misconduct isn’t a basis for the divorce and isn’t considered when dividing property.
Residency and the 91-day clock
Two timing rules both run on 91 days (not 90):
- Residency: at least one spouse must have been domiciled in Colorado for 91 days before the case is filed.
- Waiting period: a decree cannot enter until 91 days after the court acquires jurisdiction over the other spouse — that is, 91 days after they’re served or otherwise join the case (not from the filing date).
The 91-day waiting period is a floor, not a ceiling; contested cases often take considerably longer.
Dividing property: equitable, not equal
Colorado divides marital property “in such proportions as the court deems just” — this is equitable distribution, which may or may not be a 50/50 split (C.R.S. 14-10-113). Separate property — owned before the marriage, or received during it by gift, bequest, or inheritance — is generally set apart to the owning spouse and not divided.
Spousal maintenance (advisory guideline)
Colorado has a statutory maintenance guideline that produces an advisory amount and term where the parties’ combined income falls at or below the statutory cap (C.R.S. 14-10-114). Unlike child support, this guideline is not a presumptive award — the court makes findings and retains discretion to set a fair and equitable amount.
Legal separation
A legal separation can resolve everything a divorce can — property, support, and parenting — but does not legally end the marriage. For help deciding which path fits and how Colorado’s rules apply to your situation, connect with a lawyer.
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Start your free intakeFrequently asked questions
- Does Colorado require a reason or fault to get divorced?
- No. Colorado is a no-fault state. The only required ground is that the marriage is 'irretrievably broken' — neither spouse has to prove wrongdoing (C.R.S. 14-10-106).
- How long must I live in Colorado before filing for divorce?
- At least one spouse must have been domiciled in Colorado for 91 days before the case is started (C.R.S. 14-10-106).
- How soon can a Colorado divorce be final?
- Not before 91 days have passed from when the other spouse was served or otherwise came into the case. In practice it's often longer, depending on the court and the issues (C.R.S. 14-10-106).
- Will the court split everything 50/50?
- Not necessarily. Colorado uses 'equitable' distribution — the court divides marital property in proportions it finds just, which may or may not be equal. Property owned before marriage or received by gift or inheritance is generally separate and not divided (C.R.S. 14-10-113).
Sources
Related guides
- Child Custody in Colorado (Allocation of Parental Responsibilities) Colorado no longer uses the word 'custody.' Instead it allocates parental responsibilities (APR), which splits into parenting time (when the child is with each parent) and decision-making responsibility (major decisions about education, health, and religion). Courts decide based on the best interests of the child, with paramount consideration to the child's safety, and there's no presumption favoring either parent.
- Child Support in Colorado Colorado calculates child support with statewide guidelines built on an income-shares model — both parents' combined incomes and the number of overnights with each parent factor in to produce a presumptive amount. The guideline result is a rebuttable presumption, parties file a child support worksheet, and orders can be modified when there's a substantial and continuing change in circumstances.