By Neta, founder of SortMyDivorce · Published · Updated
91 days in Colorado before filing, then 91 days after your spouse is served before a decree. Colorado does grant legal separation.
Colorado calls it 'dissolution of marriage,' and two features of the process shape almost everything else: a mandatory waiting period before any decree can enter, and a disclosure rule that puts your financial paperwork on the table early, whether you're ready or not.
| Residency requirement | One spouse must have lived in Colorado for at least 91 days before filing. If minor children are involved, they must have lived in Colorado for at least 182 days (or since birth), with limited exceptions. |
|---|---|
| Grounds | No-fault only — the sole ground is that the marriage (or civil union) is 'irretrievably broken.' Colorado courts do not weigh fault or misconduct. |
| Waiting period | At least 91 days must pass after the respondent is served (or after both spouses file jointly as co-petitioners) before the court can enter a Decree of Dissolution — there is no way to shorten this. |
| Legal separation | Colorado does grant legal separation. It settles the same questions a divorce settles — support, parenting and, depending on the case, property — but leaves the marriage in place, so neither spouse can remarry without a divorce. |
| If you were never married | Colorado is one of the few states that still creates common-law marriage. If you met its test, you are legally married — and ending the relationship takes a divorce, with the same property rules as any other marriage. |
| Where you file | In the district court of the county where you or your spouse lives (Denver County has its own local petition version). Use the Colorado Judicial Branch's court locator to find the correct district court. |
| Filing fee | Payable when you file your opening divorce document. Set by regulation and revised from time to time. A fee waiver is available if you cannot afford it (JDF 205/206). Filing fees are set by the court and change without notice: check the current schedule on the court's own website before you file, and ask about a fee waiver if the cost is a barrier. |
| Starting forms | JDF 1000 (Case Information Sheet) and JDF 1011 (Petition for Divorce or Legal Separation) for everyone; add JDF 1012 (Summons) if only one spouse is filing. Cases with children also need JDF 1113 (Parenting Plan) and JDF 1820 (Child Support Worksheet). |
| Simplified option | Yes. Spouses can file jointly as co-petitioners to skip service of process, and if the case is uncontested, the decree can often be entered without a hearing using JDF 1018 (Affidavit for Decree Without Appearance). |
Keeping track of dates like these across a stack of letters is exactly what SortMyDivorce does — start a free trial, no card needed.
Colorado is an equitable distribution state, not a community property state — the court (or the parties, by agreement) divides marital property in a way that's fair given the circumstances, which is not always a 50/50 split. Property either spouse brought into the marriage, along with gifts and inheritances kept separate, generally stays that spouse's own property, but any increase in its value during the marriage can become marital and divisible. Tracing that increase, and keeping the paper trail that proves it, is one of the more consequential preparation tasks in a Colorado case.
Every dissolution filed in Colorado is subject to a mandatory 91-day waiting period, measured from the date the other spouse is served or waives service — a decree cannot enter before that, even if both spouses agree on everything from day one. Cases are filed in District Court in the county where either spouse lives, and Colorado is a no-fault state: the only ground is that the marriage is 'irretrievably broken.' Knowing the 91 days are fixed, regardless of how quickly you and the other side reach agreement, helps set realistic expectations from the start rather than treating early cooperation as a shortcut around the calendar.
Colorado Rule of Civil Procedure 16.2 governs disclosure in domestic relations cases, and it's unusually explicit compared to many states: both spouses must exchange a sworn financial statement and a defined set of supporting documents early in the case, without waiting for a formal request. That typically includes income documentation, tax returns, statements for bank and retirement accounts, debts, and information about any business interest. Rule 16.2 also carries an ongoing duty to update disclosures if your financial situation changes while the case is open — it isn't a one-time exercise.
Because disclosure is mandatory rather than optional, the practical work of preparing for a Colorado divorce is largely the work of assembling that packet before it's demanded: recent pay records, account statements, property and mortgage documents, and anything tied to a business or separate-property claim. Spouses who show up with this organized tend to move through the early stages of a case with far less friction and far fewer follow-up letters.
Colorado replaced 'custody' with 'parental responsibilities' — decision-making responsibility and parenting time are addressed separately, and courts decide both based on the best interests of the child. Child support follows the Colorado Child Support Guidelines, an income-shares model that considers both parents' incomes and the parenting time schedule, so a clear, realistic parenting plan tends to make the support conversation more predictable, not less. Specific figures depend on the guideline worksheets and each family's numbers, so treat any outside estimate as a starting point for discussion, not a result.
Legal separation is available in Colorado. It is a court proceeding, and in most respects it runs like a divorce: the court can settle support, parenting arrangements and, depending on the case, the division of property, and the resulting order binds both spouses.
What it does not do is end the marriage. People choose it for a range of reasons — health coverage, religious conviction, immigration status, or simply not being ready — and it leaves the door open to reconciling without starting over.
Two consequences follow. Neither spouse can remarry unless they later obtain a divorce, and modifying the order generally takes the court's approval rather than a private agreement between you. If you expect to divorce eventually, ask what converting the separation into a divorce involves here before you start.
Colorado is unusual. Most states abolished common-law marriage; Colorado did not. That means a couple who never had a ceremony may nonetheless be legally married, and may not realise it until they separate and one of them claims a share of the other's property.
The test is not simply living together for a period of years — that alone creates nothing anywhere. It generally requires that the couple agreed to be married, lived together as spouses afterwards, and held themselves out to others as married. Confirm the precise requirements here before assuming either way.
If you were common-law married, you are married: the state's property rules apply and ending it takes a divorce. If you were not, this state's family law offers unmarried partners very little — no property division and no spousal support between you, with claims left to contract and general legal principles. Children are the exception, since custody and child support are decided the same way whether or not the parents married.
1) Start your Rule 16.2 disclosure packet before you file — pay records, account statements, debts, and any separate-property tracing documents — since you'll owe most of it early regardless. 2) Confirm residency and figure out which county's District Court your case belongs in. 3) Build a simple property list that separates 'brought into the marriage' from 'acquired during the marriage,' flagging anything that's grown in value. 4) Sketch a parenting time and decision-making proposal in concrete terms if children are involved, rather than leaving it vague. 5) Plan around the 91-day floor — it won't move for either spouse's convenience, so use that window productively rather than waiting on it. Colorado's own courts website is the reliable source for current forms and county-specific filing details.
You or your spouse must have lived in Colorado for at least 91 days before filing. Colorado also recognizes common law marriage, so if you were never formally married but meet the common law criteria, ending the relationship still requires this same dissolution process — there is no separate 'common law divorce' track.
Colorado requires both spouses to exchange sworn financial disclosures. Start pulling together income, debts, assets, and expenses so you can complete JDF 1104 (Sworn Financial Statement) later in the process.
Fill out JDF 1011 (Petition for Divorce or Legal Separation) and JDF 1000 (Case Information Sheet), then file them with the district court in the county where you or your spouse lives. Pay the filing fee (check the court's current fee schedule) or file JDF 205/206 to request a fee waiver.
If you're filing alone, your spouse must be formally served using JDF 1012 (Summons), or they can sign a Waiver of Service to avoid formal service. If you're filing together as co-petitioners, this step is skipped entirely.
Both spouses must exchange sworn financial statements (JDF 1104) and supporting documents within the timeframe set by court rule. This step happens regardless of whether the case is contested.
If you have minor children, complete JDF 1113 (Parenting Plan) and JDF 1820 (Child Support Worksheet) covering parenting time and decision-making responsibility.
The court cannot enter a decree until at least 91 days have passed since your spouse was served or since you filed jointly. Use this time to negotiate a Separation Agreement covering property, debts, and support.
If both spouses agree on all terms, you can often avoid a hearing by filing JDF 1018 (Affidavit for Decree Without Appearance). If anything is contested, the court will set a hearing before entering JDF 1019 (Decree of Dissolution of Marriage or Legal Separation).
Once the judge signs JDF 1019, the marriage is legally over (or, for legal separation, the terms are set but you remain married). Keep certified copies for name changes, benefits, and financial account updates.
No. Colorado uses equitable distribution, meaning marital property is divided fairly based on the circumstances, which is not automatically an equal split. Separate property generally stays separate, though its growth in value during the marriage can become marital.
No. The 91 days runs from service or waiver of service and applies regardless of how quickly the spouses reach agreement. A decree cannot enter before that period passes.
A sworn financial statement plus supporting documents such as income records, account statements, and debt information, exchanged early without waiting for a request — and updated if your finances change while the case is pending. Confirm the current required forms with the court or a local family law attorney.
A legal separation in Colorado settles much of what a divorce settles — support, parenting and, depending on the case, property — and the order binds both spouses. The difference is that it does not end the marriage, so neither spouse can remarry without later obtaining a divorce. People use it for health coverage, religious reasons, immigration status, or because they are not ready to divorce. Changing the order generally requires the court's approval.
Yes — Colorado is one of the small number of states that still creates common-law marriage. It generally requires an agreement to be married, living together as spouses afterwards, and representing to others that you are married; simply living together for a number of years is not enough on its own. If the test is met you are legally married, the state's property rules apply, and ending the relationship requires a divorce. If it is not met, there is no property division or spousal support between you, though custody and child support apply regardless.
If you are in immediate danger, call 911. There is no statewide crisis line here that we could verify, so use the national one: contact the National Domestic Violence Hotline at 1-800-799-7233, or text START to 88788 if a call is not safe. For a mental health crisis, call or text 988.
Last reviewed August 2026. Researched and written by Neta, founder of SortMyDivorce. I am not a lawyer and this is not legal advice — laws, fees and forms change, so please confirm current details with the official sources above or a local family lawyer.
Upload your lawyer letters and SortMyDivorce sorts every deadline, offer and issue into one calm dashboard, automatically.
This guide is general information, not legal advice. Laws change and differ by jurisdiction — confirm specifics with a local family lawyer or your court's official website. If you use SortMyDivorce, your letters stay confidential — never shared, never sold.