Colorado Divorce Law: What Centennial Residents Need to Know
Colorado formally calls divorce “dissolution of marriage,” and the state operates under a purely no-fault standard governed by C.R.S. §14-10-106. The only recognized ground is that the marriage is “irretrievably broken.” One spouse’s declaration is enough. Even if the other spouse disagrees, the court will accept the finding and proceed. Marital fault, including adultery or abandonment, has no bearing on how property is divided or whether the divorce is granted.
Before filing, at least one spouse must have been a Colorado resident for 91 days. After the respondent is served, a separate mandatory 91-day waiting period begins. The court can’t enter a final decree until that period has elapsed, regardless of how quickly both parties reach an agreement. Centennial residents file at Arapahoe County District Court.
Ways to Dissolve a Marriage in Colorado
Divorce is the most familiar path out of a marriage, but Colorado offers a few distinct options depending on your circumstances.
Dissolution of Marriage
Standard dissolution of marriage is the most common route. When spouses have no children and no marital property to divide, they may qualify for dissolution upon affidavit, a simplified process available when the decision is mutual and the financial picture is straightforward.
Legal Separation
Legal separation follows the same 91-day residency and waiting period requirements as divorce but leaves the marriage legally intact. It allows spouses to divide property, establish parenting arrangements, and address spousal support while remaining married. This matters in practice: spouses who separate rather than divorce may stay eligible for the other’s health insurance benefits and can continue filing taxes jointly in some situations. Under C.R.S. §14-10-120(2), a legal separation can be converted into a full dissolution of marriage by petitioning the court, but no earlier than 182 days after the legal separation decree is entered.
How Colorado Divides Marital Property
Colorado follows equitable distribution under C.R.S. §14-10-113, meaning the court divides assets fairly but not necessarily equally. Marital fault can’t be considered in these decisions. The process moves through three stages: discovery (identifying and categorizing marital versus separate property), valuation, and dispersion of assets.
Separate property, meaning assets owned before the marriage or received as a gift or inheritance during it, is generally excluded from division. Commingled funds, however, can lose that protected status and become subject to division. Retirement accounts, real estate, and business interests are among the most commonly disputed marital assets and often require professional valuation.
Under C.R.S. §14-10-113, the court weighs these factors when dividing property:
- 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
- Any increases or decreases in the value of separate property during the marriage, or the depletion of separate property for marital purposes
Common Divorce Complications We Handle
Some divorces resolve quickly. Others involve disputes that take time, strategy, and experienced advocacy to work through. Our attorneys guide clients through the full range of complications that arise in Colorado divorce proceedings, including same-sex divorce.
- Allocation of parental responsibilities (Colorado’s term for child custody) covers both decision-making authority and parenting time. These disputes are often emotionally charged and logistically complex, particularly when parents live in different cities or states. Colorado’s Income Shares Model under C.R.S. §14-10-115 governs how child support is calculated, combining both parents’ adjusted gross incomes.
- Spousal maintenance (sometimes called alimony) is discretionary in Colorado. Courts weigh each spouse’s financial resources, the length of the marriage, and the standard of living established during it when deciding whether maintenance is appropriate and for how long.
- Asset division disputes frequently involve retirement accounts, real estate, and business interests. Valuing these assets accurately is essential, and errors made early in the process can be costly to correct later.
Colorado Divorce FAQ
What happens if my spouse refuses to agree to the divorce?
Your spouse’s refusal doesn’t block the divorce. Colorado’s no-fault standard means that if you declare the marriage irretrievably broken and the court agrees, the dissolution proceeds. If your spouse contests the irretrievably broken finding, the court may order counseling before moving forward, but it can’t ultimately prevent the divorce from being granted.
What are the real benefits of legal separation over divorce?
Both legal separation and divorce address property division, parenting arrangements, and spousal support. The practical difference is that separation preserves certain financial ties, including potential eligibility for a spouse’s health insurance and joint tax filing status in some cases. Some couples also use separation as a structured step before deciding whether to pursue full dissolution.
Do I need a divorce attorney if my spouse and I already agree on everything?
Colorado allows individuals to file without a lawyer, known as filing pro se. If your situation is genuinely straightforward, that may be an option. Even so, an attorney can review your agreement for errors that aren’t obvious but can create real problems later, particularly around retirement account division, real estate transfers, and parenting plan language. A consultation before you finalize anything may cost far less than correcting a defective agreement after the fact.
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Speak with a Centennial Divorce Lawyer Today
Wright Family Law has spent more than 20 years helping Centennial and Arapahoe County residents navigate divorce. We can help you understand exactly where you stand, what your options are, and what comes next before you make any decisions that are difficult to undo. Every consultation covers your goals, your concerns, and a realistic picture of the process ahead.
Dial (303) 558-5222 or contact us online now to get started planning your next step.
