Colorado Divorce
Information and FAQ
At least one of the parties must have been a resident of the
State of Colorado for a period of ninety (90) days immediately prior
to the filing of the action for dissolution of marriage. The action
may be filed in the county where the respondent resides or the
county where the petitioner resides if the respondent was served in
the same county or is a non-resident of the State of Colorado.
14-10-106, CRCP Rule 98
Grounds Irretrievable breakdown of the marriage is the only
grounds for dissolution of marriage in the State of Colorado.
14-10-106
Name of court and title of action/parties An action for
dissolution of marriage filed in Colorado is filed in the District
Court. The title of the action initiating the proceeding is a
Petition for Dissolution of Marriage, while the title of the action
granting the judgment is referred to as the Decree of Dissolution of
Marriage. The party filing the action is the Petitioner, and the
other spouse is referred to as the Respondent.
» Return to top Legal separation Colorado permits judgments of
legal separation to be granted upon the same grounds as a judgment
of dissolution of marriage. 14-10-106 Simplified divorce procedure A
judgment of dissolution of marriage may be obtained by the filing of
affidavits by either or both parties when:
1. The parties have no minor children and the wife is not
pregnant, or the parties are represented by counsel and have entered
into a separation agreement which provides for custody and child
support;
2. Service of process has been effected upon the non-filing
spouse;
3. There are no contested issues;
4. There is no marital property to be divided by the court or the
parties have entered into a separation agreement which provides for
the division of the marital property. 14-10-120.3
Mediation At the request of either party or on the court's own
motion, the parents of a minor child may be required to attend a
program designed to provide the parties with information regarding
the impact of separation and divorce upon children. The program will
inform parents about the divorce process, its impact of adults and
children, and will teach coparenting skills and strategies.
14-10-123.7
Property distribution Colorado is an equitable distribution
state, which means that the court will set aside to each spouse that
spouse's separate property and divide the marital property between
the parties as the court deems equitable and just, after considering
all relevant factors, such as: 1. The contribution of each spouse to
the acquisition of the marital property; 2. The value of the
property set aside to each spouse; 3. The economic circumstances of
each spouse at the time of the property distribution, and; 4. Any
increase or decrease in the value of the separate property of the
spouses during the marriage or the depletion of the separate
property for marital purposes. 14-10-113
Alimony The court may award alimony to either spouse upon a
finding that the spouse seeking alimony:
1. Lacks sufficient property to provide for his/her reasonable
needs; 2. Is unable to support himself or herself through
appropriate employment or is the custodian of a child whose
condition is such that it would be inappropriate for that spouse to
seek outside employment;
The award of alimony shall be in such amounts and for such
periods of time as the court deems just, without regard to marital
fault, after considering factors such as:
1. The financial resources of the party seeking support; 2. The
time necessary to acquire sufficient education or training to enable
that spouse to find appropriate employment; 3. The standard of
living established during the marriage; 4. The duration of the
marriage; 5. The age, physical and emotional condition of the spouse
seeking support; 6. The ability of the spouse from whom alimony is
sought to meet his needs while meeting the needs of the party
seeking support. 14-10-114
Child custody All issues regarding custody of minor children,
including physical custody and decision-making responsibility, will
determined according to the best interests of the child. In
determining the best interest of the child as it relates to
parenting time, the court will consider all relevant factors, such
as: 1. The wishes of the child; 2. The wishes of the parents; 3. The
interaction and interrelationship of the child with the parents,
siblings, etc.; 4. The child's adjustment to home, school, and
community; 5. The physical proximity of the parties to each other;
6. The mental and physical health of all parties, and; 7. The
ability of the parties to encourage the sharing of love, affection,
and contact between the child and the other party.
The allocation of decision-making responsibilities will be
determined after consideration of such factors as:
1. The ability of the parties to cooperate and make joint
decisions; 2. The ability of the parties to provide a positive and
nourishing relationship with the child, and; 3. Whether one of the
parties has been a perpetrator of child or spousal abuse.
Access to information regarding the child, such as medical and
school records shall not be denied to either parent unless otherwise
ordered by the court.
Conduct of a party that does not affect that party's relationship
with the child shall not be considered by the court, and the court
will not presume that one spouse is better able to serve the best
interests of the child because of that party's sex. 14-10-124
Child support Colorado has enacted child support guidelines which
establish the presumptive correct amount of support. The courts may
deviate from the guidelines upon a finding that the application of
the guidelines be unjust, inequitable or inappropriate. Any such
deviation must be accompanied by specific written reasons for the
deviation and must include what the presumptive amount would have
been under the guidelines. Reasons for deviating may include such
things as extraordinary medical expenses, extraordinary costs
associated with parenting time, and gross disparity of income. All
child support orders must include the social security numbers and
dates of birth of the parties and children subject to the order. The
court shall also provide for the children's current and future
medical needs by ordering either or both parents to provide medical
and dental insurance for the children, if reasonably available.
14-10-115
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