Colorado Divorce Attorney

What the Colorado Divorce Process Looks Like: Step by Step

Colorado law calls divorce "dissolution of marriage," and the process follows a defined sequence regardless of whether your case is contested or resolved by agreement.

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Step 1:

Filing the Petition

One spouse files a Petition for Dissolution of Marriage in the district court of the county where either spouse lives. Colorado requires at least one spouse to have been a resident for 91 days before filing.

Step 2:

Service and Response

The other spouse is formally served with the petition and has 21 days to respond (35 days if served outside Colorado). Both parties complete sworn financial disclosures at this stage.

Step 3:

Temporary Orders (If Needed)

If there are immediate disputes about parenting time, use of the marital home, or financial support during the case, either party can request a temporary orders hearing. These orders stay in place until a final decree is entered.

Step 4:

Discovery and Negotiation

Both sides exchange financial information, valuations, and other relevant documents. Most cases resolve through negotiation or mediation at this stage rather than going to trial.

Step 5:

Separation Agreement or Trial

If the parties reach agreement on all issues, they submit a Separation Agreement and Parenting Plan for the court's approval. If key issues remain disputed, the case proceeds to a contested hearing before a judge.

Step 6:

Decree of Dissolution

The court enters the final Decree of Dissolution of Marriage. Colorado imposes a mandatory 91-day waiting period from the date of service before a decree can be issued.

The Issues That Determine What Divorce Costs You

Every divorce involves some combination of the following. How each is resolved, and how efficiently, determines both the financial and emotional cost of your case.


  • Property and debt division: Colorado follows equitable distribution, which means marital assets and debts are divided fairly, not necessarily equally. Separate property, inherited assets, and business interests require careful documentation.

  • Spousal maintenance: Colorado uses statutory guidelines to calculate maintenance amount and duration, but the court retains discretion. Length of marriage, each spouse's income and earning capacity, and the marital standard of living all factor in.

  • Parenting time and decision-making: Colorado courts allocate parental responsibilities based on the best interests of the child. Parenting time (physical schedule) and decision-making responsibility (major life decisions) are addressed separately.

  • Child support: Colorado uses an income shares model. Both parents' gross incomes, parenting time percentages, and specific child expenses are calculated under a statutory formula.
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Which Type of Divorce Applies to Your Situation?

Not every dissolution follows the same path. I handle the full range of Colorado divorce matters, from straightforward agreed cases to complex contested litigation.

Contested Divorce

One or both spouses disagree on key issues: property division, parenting time, support, or all of the above. A contested divorce requires negotiation, and often court intervention, to reach a resolution.

Uncontested Divorce

When both spouses agree on all terms: property division, parenting time, support. An uncontested divorce can be completed efficiently and at significantly lower cost. I help clients document those agreements correctly so they hold up after the decree is entered.

High-Asset Divorce

Cases involving significant marital estates, business ownership, investment accounts, real property, or inherited wealth require a higher level of financial analysis and strategic planning. Equitable distribution becomes more nuanced when the numbers are large.

Gray Divorce

Divorces later in life carry distinct financial stakes: retirement accounts, Social Security timing, long-term care considerations, and spousal maintenance that may run indefinitely. The decisions made in a gray divorce are difficult to undo.

Spousal Maintenance

Colorado courts consider spousal maintenance when there is a significant income disparity between spouses or when one spouse needs time to become financially self-sufficient. The amount and duration depend on the length of the marriage, each spouse's income and earning capacity, and the marital standard of living.

Asset and Debt Division

Colorado follows equitable distribution, which means marital property and debt are divided fairly, not necessarily equally. The process requires identifying what is marital versus separate property, valuing assets accurately, and negotiating a division that accounts for tax consequences, liquidity, and long-term financial impact. How this is handled in your case can affect your financial position for years after the decree is signed.

What Sets My Approach Apart From a Larger Firm

I have practiced exclusively in Colorado family law since 1993. I am not a general practitioner who handles divorces on the side, and I am not a large firm where your case moves between associates. Every client I take on works directly with me from the first consultation through the final decree.

  • 35 years of exclusive family law practice, licensed since 1991
  • Solo, low-volume practice. Your case is never handed off
  • Child-focused approach grounded in the best interests standard, with referrals to parenting coaches and counseling when families need more than legal strategy
  • Competitive pricing relative to large-firm partners with equivalent experience
  • Serving clients across Colorado with a Denver office at 730 17th St, Suite 700, and virtual consultations available statewide

Frequently Asked Questions About Colorado Divorce

  • How does divorce work in Colorado?

    Colorado dissolution of marriage begins with one spouse filing a petition in district court. The case then moves through financial disclosure, temporary orders if needed, negotiation or mediation, and either a settlement agreement or contested hearing. The court enters a final decree once all issues are resolved and the 91-day waiting period has passed.

  • What is the divorce process in Colorado step by step?

    The core steps are: filing the petition, serving the other spouse, completing financial disclosures, addressing any temporary orders, exchanging discovery, negotiating or mediating a resolution, and submitting a final agreement or proceeding to trial. Most cases resolve before reaching a contested hearing.

  • Does Colorado require a separation period before filing for divorce?

    No. Colorado does not require spouses to live separately before filing. However, the court cannot enter a final decree until at least 91 days after the other spouse was served with the petition.

  • How long does a divorce take in Colorado?

    The minimum is 91 days from the date of service. Uncontested cases with full agreement can be finalized shortly after that window closes. Contested cases involving disputed property, parenting, or support can take anywhere from several months to over a year depending on complexity and court scheduling.

  • How is property divided in a Colorado divorce?

    Colorado follows equitable distribution — marital property is divided fairly based on the circumstances, not split 50/50 by default. Separate property brought into the marriage, gifts, and inheritances are generally excluded, though commingling can complicate that analysis.

  • Do I need a divorce attorney in Colorado, or can I handle it myself?

    Uncontested divorces with no children and minimal shared assets are sometimes handled pro se, but even straightforward cases benefit from legal review before signing a separation agreement. Cases involving children, significant assets, business interests, or any level of dispute carry real risk without experienced representation.