Colorado Family Laws
Colorado is a no-fault divorce state — the sole ground is "irretrievably broken." Colorado requires only 91 days of residency before filing. Property is divided by equitable distribution. Colorado uses the term "allocation of parental responsibilities" rather than "custody," encompassing both parenting time and decision-making authority. The state uses an income shares model for child support and advisory (not presumptive) guidelines for spousal maintenance.
Last verified: 2026-02-25
Statute of Limitations
At least one spouse must be a Colorado resident for 91 days before filing. The court cannot enter a decree until 91 days after service of process or filing (whichever is later). For child custody jurisdiction, the child must have lived in Colorado for 182 consecutive days.
Key Colorado Statutes
Marriage is "irretrievably broken" is the sole ground for divorce in Colorado. No fault-based grounds exist.
Marital property is divided equitably (fairly, but not necessarily equally). Separate property — owned before marriage, gifts, and inheritances — generally stays with the original owner.
Colorado uses "allocation of parental responsibilities" rather than "custody." The court allocates parenting time and decision-making responsibilities based on the best interests of the child. Courts cannot consider bias regarding gender, gender identity, sexual orientation, religion, race, or disability.
Colorado uses the income shares model, considering both parents' gross incomes with adjustments for health insurance, childcare, and extraordinary expenses. Overnight parenting time also factors into the calculation.
Colorado provides advisory (not presumptive) maintenance guidelines for marriages of 3+ years with combined gross annual income of $240,000 or less. The formula is 40% of combined monthly adjusted gross income minus the lower earner's income. Duration is a percentage of the marriage length. Courts retain full discretion.
Official Sources
Not Legal Advice
This information is for general reference only and does not constitute legal advice. Laws change — verify current statutes at Colorado Legislature — Domestic Matters. For advice about your specific situation, consult a licensed attorney.
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