Do your own divorce
Colorado - Divorce Requirements
The following information is to provide a basic understanding of the various aspects of Colorado divorce.

Click here for more specific information regarding Colorado divorce laws.

Every effort has been made to assure that the information contained in these pages is accurate however, due to the ever changing nature of the law some material may be outdated or may no longer apply.

Residency Requirements 90 days
Where to File The county in which the respondent resides.
The county in which both spouses lived together prior to separation.
The county in which the petitioner resides if the respondent is a non- resident of Colorado
Grounds for Divorce Colorado is a "no fault" divorce state. "Irretrievable breakdown of marriage" is the only ground for divorce under Colorado laws.
Voluntary or required mediation Yes
Voluntary or recommended CounselingYes
Property Distribution Colorado is an "equitable distribution" state. The court has full discretion to divide the real estate and all marital property, which includes pension benefits without regard to marital misconduct, in such proportions as the court deems just after considering all relevant factors including:
  • The contribution of each spouse to the acquisition of the marital property, including the contribution of a spouse as homemaker
  • The value of the property set apart to each spouse
  • The economic circumstances of each spouse at the time the division of property is to become effective, including the desirability of awarding the family home or the right to live therein for reasonable periods to the spouse with whom any children reside the majority of the time
  • Any increases or decreases in the value of the separate property of the spouse during the marriage or the depletion of the separate property for marital purposes
Any inheritance or gifts received prior or during the marriage is not considered for distribution.
Child Custody Custody is awarded with the best interests of the child or children in mind. The factors that are generally considered: the desire and ability of each parent, the wishes of each parent, the child's adjustment to his or her surroundings, the mental and physical health of the child and parents, the child's relationship with each of the parents, and any child or spouse abuse.
Uniform Child Custody Act: 1973
Is Joint Custody awarded? YES
Do Grandparents Have the Right to Visitation? YES
Are Child's Wishes Considered? YES
Child Support Either or both parents may be required to provide the support of maintenance, insurance, and education of the child. There are specific guidelines to be followed, unless when proven to be unjust. The following factors are generally considered: a child's need for contact with both parents, the joint responsibilities for the welfare of the child, the financial resources, cost of day care, and the standard of living the child would have otherwise enjoyed had not the divorce taken place. Marital misconduct is not taken into consideration.
Spousal Support Support can be awarded to either spouse. Past marital actions are not considered. Employment possibilities of the spouse tends to cause the greatest influence on the decision. Living conditions similar to those when marriage existed is attempted to be restored, but a lot of factors play a significant role