Colorado · Divorce laws · Updated Oct 2026
Colorado divorce laws
Who can file for divorce in Colorado, how long it takes, the official forms and fees, property, support and children, in plain English from official sources, with a free timeline estimator and checklist.
Where and how to file in Colorado
- Who can file (residency)
- You or your spouse must have lived (been domiciled) in Colorado for 91 days before you file.
- Waiting period
- The decree can't be entered until 91 days after the petition is filed and your spouse is served (or signs a waiver of service or joins as co-petitioner). This applies even if you agree on everything.
- Court
- District Court in the county where you or your spouse live
- Official forms
- Divorce forms (Colorado courts)
- Court self-help
- Divorce self-help (Colorado courts)
- Filing fee
- $230 to file the petition; $116 for your spouse to file a response (C.R.S. 13-32-101(1)(a)-(b)).
- If you can't afford the fee
- File JDF 205, Motion to File Without Payment, and JDF 206 order (with the financial affidavit) with your petition.
- Simpler process for agreed cases
- Decree upon affidavit (JDF 1018, Affidavit for Decree without Appearance): if there are no minor children (or both of you have lawyers or paraprofessionals), no disputed facts, and property is divided by agreement, the judge can enter the decree without a hearing after the 91 days. You can also file as co-petitioners.
- E-filing
- Yes. Self-represented people can e-file through the Colorado Courts E-Filing system: https://www.coloradojudicial.gov/e-filing-non-attorneys
- Law
- C.R.S. 14-10-106(1)(a)(I) · C.R.S. 14-10-106(1)(a)(III); Colorado Judicial Branch JDF 1010
Divorce in Colorado, step by step
Check that you can file in Colorado
You or your spouse must have lived (been domiciled) in Colorado for 91 days before you file.
Get the official forms
Use the court's official divorce forms: Divorce forms (Colorado courts) Decree upon affidavit (JDF 1018, Affidavit for Decree without Appearance): if there are no minor children (or both of you have lawyers or paraprofessionals), no disputed facts, and property is divided by agreement, the judge can enter the decree without a hearing after the 91 days.
File the papers and pay the fee, or ask for a waiver
File with the District Court in the county where you or your spouse live. Filing fee: $230 to file the petition; $116 for your spouse to file a response (C.R.S. 13-32-101(1)(a)-(b)). Can't afford it? File JDF 205, Motion to File Without Payment, and JDF 206 order (with the financial affidavit) with your petition.
Serve your spouse
Your spouse must be personally served with the petition and summons by someone 18+ who is not a party, or can sign a Waiver of Service (JDF 1013).
Your spouse responds
21 days after service; 35 days if served outside Colorado or by publication (Summons, JDF 1012). The summons states the deadline. If your spouse doesn't respond in time, you can usually ask for a default judgment.
Wait out the waiting period
The decree can't be entered until 91 days after the petition is filed and your spouse is served (or signs a waiver of service or joins as co-petitioner).
Agree, or go to mediation or a hearing
Common. If you agree on everything, you can usually submit a signed agreement. If not, the judge decides the issues you can't settle.
Get the final decree
The judge signs the final decree (judgment), which ends the marriage. Get a certified copy and keep it. Name change: Yes. You can ask in the petition or at the end of the case for the court to restore a former name.
Free tools for Colorado
Pre-set for Colorado. They run in your browser and send nothing.
Divorce timeline estimator for Colorado
See the earliest date the law lets a judge sign your final divorce decree, from your filing date. Nothing you type here is sent anywhere.
Grounds for divorce in Colorado
- No-fault ground
- the marriage is irretrievably broken
- Fault grounds
- Not available: no-fault only
- Law
- C.R.S. 14-10-106
Property and debts in Colorado
- System
- Equitable distribution
- The rule
- Marital property is divided in a way the judge finds fair (not always 50/50), without considering marital misconduct. Property from before the marriage or from gifts or inheritance is separate, but any increase in its value during the marriage can be marital.
- Law
- C.R.S. 14-10-113
Alimony (spousal support) in Colorado
Called maintenance. Colorado has advisory guidelines: if you were married at least 3 years and your combined adjusted gross income is $240,000 a year or less, the judge must make findings using a formula and a table for how long it lasts. The formula starts at 40% of combined monthly income minus the lower earner's income; because maintenance is no longer tax-deductible under federal law for most new divorces, that amount is then reduced to 80% (combined income up to $10,000 a month) or 75% (from $10,000 to $20,000 a month). For marriages over 20 years the term can be set or indefinite. The judge can depart from the guideline. C.R.S. 14-10-114(3).
Children: custody and support in Colorado
- What Colorado calls custody
- allocation of parental responsibilities (decision-making and parenting time)
- Parenting class
- The court may order parents of children under 18 to attend a parenting education program (C.R.S. 14-10-123.7). Many judicial districts require it; check your district's rules or ask the family court facilitator.
- Child support calculator
- Official child support calculator or guidelines
- Child support agency
- Colorado Division of Child Support Services
Serving your spouse in Colorado
- How your spouse gets the papers
- Your spouse must be personally served with the petition and summons by someone 18+ who is not a party, or can sign a Waiver of Service (JDF 1013). If you file together as co-petitioners, no service is needed.
- Time to respond
- 21 days after service; 35 days if served outside Colorado or by publication (Summons, JDF 1012).
- Law
- C.R.C.P. 4; JDF 1012
Going back to a former name in Colorado
Yes. You can ask in the petition or at the end of the case for the court to restore a former name.
Mediation in Colorado
Common. If parents can't agree on a parenting plan, the court may order mediation; many districts require mediation before a contested hearing. Ask your family court facilitator: https://www.coloradojudicial.gov/trial-court-district/family-court-facilitator-contacts
If you are in danger
If you are in danger, call 911. The National Domestic Violence Hotline is free, confidential and open 24/7, in English and Spanish: call 1-800-799-7233, text START to 88788, or chat at thehotline.org.
Protective orders in Colorado: If you are in danger, call 911. Protection order help: Colorado Legal Services https://www.coloradolegalservices.org/family-and-children/protection-orders/ and protection order forms on the Colorado Judicial Branch self-help forms page.
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Free help in Colorado
Good to know in Colorado
- Colorado sets a statewide filing fee in statute: $230 for the petition and $116 for a response (C.R.S. 13-32-101).
- Colorado uses the term 'allocation of parental responsibilities' instead of custody.
Changes in 2024–2026
Several divorce forms (petition JDF 1011, waiver JDF 1013, response JDF 1015) were revised in 2025-2026; use current versions from the judicial site. No 2024-2026 change to residency, waiting period or fees found.
Divorce checklist for Colorado
Answer a few questions to get a checklist for your state: documents to gather, the official forms, the fee or fee waiver, serving your spouse, children and the final steps. Print it or download it. Nothing you type is sent anywhere.
Questions about divorce in Colorado
How long do you have to live in Colorado to file for divorce?
You or your spouse must have lived (been domiciled) in Colorado for 91 days before you file.
How long does a divorce take in Colorado?
The decree can't be entered until 91 days after the petition is filed and your spouse is served (or signs a waiver of service or joins as co-petitioner). This applies even if you agree on everything.
What are the grounds for divorce in Colorado?
Colorado's no-fault ground is the marriage is irretrievably broken. Colorado has no fault grounds.
Is Colorado a community property state?
No. Colorado uses equitable distribution. Marital property is divided in a way the judge finds fair (not always 50/50), without considering marital misconduct. Property from before the marriage or from gifts or inheritance is separate, but any increase in its value during the marriage can be marital.
How much does it cost to file for divorce in Colorado?
$230 to file the petition; $116 for your spouse to file a response (C.R.S. 13-32-101(1)(a)-(b)).
Can I get the divorce filing fee waived in Colorado?
File JDF 205, Motion to File Without Payment, and JDF 206 order (with the financial affidavit) with your petition.
Is there a simpler divorce process in Colorado?
Decree upon affidavit (JDF 1018, Affidavit for Decree without Appearance): if there are no minor children (or both of you have lawyers or paraprofessionals), no disputed facts, and property is divided by agreement, the judge can enter the decree without a hearing after the 91 days. You can also file as co-petitioners.
How long does my spouse have to respond in Colorado?
21 days after service; 35 days if served outside Colorado or by publication (Summons, JDF 1012).
Can I change my name back in a divorce in Colorado?
Yes. You can ask in the petition or at the end of the case for the court to restore a former name.
Is mediation required in a divorce in Colorado?
Common. If parents can't agree on a parenting plan, the court may order mediation; many districts require mediation before a contested hearing. Ask your family court facilitator: https://www.coloradojudicial.gov/trial-court-district/family-court-facilitator-contacts
Do divorcing parents have to take a class in Colorado?
The court may order parents of children under 18 to attend a parenting education program (C.R.S. 14-10-123.7). Many judicial districts require it; check your district's rules or ask the family court facilitator.
How does alimony work in Colorado?
Called maintenance. Colorado has advisory guidelines: if you were married at least 3 years and your combined adjusted gross income is $240,000 a year or less, the judge must make findings using a formula and a table for how long it lasts. The formula starts at 40% of combined monthly income minus the lower earner's income; because maintenance is no longer tax-deductible under federal law for most new divorces, that amount is then reduced to 80% (combined income up to $10,000 a month) or 75% (from $10,000 to $20,000 a month). For marriages over 20 years the term can be set or indefinite. The judge can depart from the guideline. C.R.S. 14-10-114(3).