Divorce is never an easy decision, but sometimes it’s the first step toward a healthier and happier life. If you’re a Colorado resident considering divorce in 2025, you’re not alone—and you don’t have to face the process without guidance. A divorce or family law attorney can provide sound legal advice, which is important since divorce laws and procedures can vary by state, and requirements can change over time.
In this month’s blog, we explore the divorce process in Colorado, including any new legal changes for 2025. We will also review the details you need to know to move forward with a divorce with confidence.
Colorado Divorce Basics in 2025
Before we get into the step-by-step process, it’s important to understand what makes Colorado unique when it comes to divorce.
- Colorado Is a "No-Fault" Divorce State: This means you don’t need to prove wrongdoing (like adultery or abandonment) to file for divorce. The only legal ground for divorce in Colorado is that the marriage is “irretrievably broken,” meaning there’s no chance of reconciliation.
- Residency Requirements: To file for divorce in Colorado, at least one spouse must have lived in the state for a minimum of 91 days before filing. Additionally, if you have children, they must have lived in Colorado for at least 182 days for the court to make decisions about custody.
What’s New in Divorce Requirements for 2025?
Colorado has implemented updated rules regarding mediation and equitable division of assets. Starting in 2025, more couples will be encouraged (and, in some cases, required) to undergo mediation before taking their cases to family court. This aims to reduce legal costs and emotional strain.
If you’re filling for divorce in 2025, you’ll need to prepare by doing the following:
Step 1: Assess Your Situation and Gather Information
Divorce might seem overwhelming, but starting with the right information can make all the difference.
Consider the following before you take any legal steps:
- Finances: Gather financial documents, including bank statements, tax returns, and records of any shared assets or debts.
- Children: Think about potential custody arrangements and whether both parents will play an active role.
- Support: Decide if you’ll need child support or spousal maintenance (commonly known as alimony).
If possible, consult a professional, such as a financial advisor, to get a clear picture of your situation.
Step 2: File a Petition for Dissolution of Marriage
To officially begin the divorce process, you or your spouse will need to file a Petition for Dissolution of Marriage with your local Colorado district court. This petition includes basic information about you, your spouse, and your marriage.
- Where to File: You’ll file in the county where one of you resides. Most counties in Colorado now allow online filing, making the process more convenient.
- Fees: The filing fee for a divorce in Colorado is typically around $230. If you’re unable to pay, you can request a fee waiver based on your financial situation.
Step 3: Serve Your Spouse
After filing, you’ll need to notify (or “serve”) your spouse with the divorce papers. This step is crucial, as it ensures that your spouse is aware of the proceedings.
- You can use a professional process server or ask someone 18 or older (who isn’t involved in the case) to deliver the papers.
- Your spouse has 21 days to respond if they live in Colorado and 35 days if they live out of state.
If your spouse doesn’t respond within the timeframe, you may proceed with the divorce as “uncontested.”
Step 4: Disclose Financial Information
Both spouses must provide a Certificate of Compliance listing their financial assets, debts, income, and expenses. This ensures transparency and helps the court make fair decisions regarding property division, child support, and alimony. This step is mandatory and will require supporting documents like pay stubs, bank statements, and retirement account balances.
Step 5: Pursue Mediation or Settlement (New Requirement for 2025)
One of the biggest changes in Colorado’s divorce law for 2025 is the increased focus on mediation.
What Is Mediation?
Mediation is a process where you and your spouse meet with a neutral third party to resolve disputes about property division, custody, or other issues. It’s often faster and less stressful than court.
When Is Mediation Required?
- If there are contested issues (like custody or alimony), mediation is typically required before the court will hear your case.
- Exceptions may be granted in cases involving domestic violence or other special circumstances.
Successful mediation can lead to a Separation Agreement, which outlines the terms of your divorce and avoids a trial.
Step 6: Attend the Initial Status Conference (ISC)
The Initial Status Conference is a mandatory meeting with the judge or court facilitator. This is an opportunity to discuss timelines, any required evaluations, and whether additional mediation is needed. Most ISCs are informal and serve as a check-in to ensure your divorce is progressing smoothly.
Step 7: Resolve Contested Issues or Attend a Hearing
If you and your spouse agree on all terms, the court will review your paperwork and issue a divorce decree. However, if there are unresolved issues, you’ll need to attend a hearing or trial. During a contested hearing, the judge will make decisions on property division, custody, and support based on Colorado’s laws, including the principle of equitable distribution (fair but not necessarily equal).
Step 8: Finalize the Divorce
Once all issues are resolved, the judge will sign the Decree of Dissolution of Marriage, making your divorce official. It’s a good idea to request multiple certified copies of this document for your records.
Key Considerations for Common Divorce Pitfalls
- Child Custody and Parenting Plans: Colorado courts prioritize the best interests of the child. Parenting plans should include details about schedules, decision-making responsibilities, and holiday arrangements.
- Spousal Maintenance (Alimony): Alimony is typically awarded based on each spouse’s financial situation, income-earning capacity, and the length of the marriage. Colorado’s updated laws encourage equitable resolutions.
- Property Division: Colorado follows an equitable distribution model, which considers factors like the length of the marriage and each spouse’s contribution to marital property.
Moving Forward with Confidence
Divorce can feel like an uphill battle, but with the right guidance, it can also be the beginning of a brighter chapter. Colorado’s 2025 updates prioritize amicable resolutions, and tools like mediation can make the process smoother for both parties. At Moreno Family Law, LLC, we are dedicated to helping our clients meet their legal goals. If you’re unsure about taking the next step, consult with our divorce attorney to better understand your options. You can contact our team online or call (303) 590-3690 to schedule a consultation. Remember, this process is not just about ending a marriage—it’s about setting the stage for a more stable and fulfilling future.