Grounds for Divorce in Colorado: No-Fault, Fault and Separation Requirements
Colorado has one ground for divorce: the marriage is irretrievably broken. No fault is proved and no separation period is required; a spouse who denies the breakdown can delay the finding by 35 to 63 days.
What are the grounds for divorce in Colorado?
One: the marriage is irretrievably broken (C.R.S. 14-10-106(1)(a)(II)). The petition must allege it, and there is no list of fault grounds.
| Situation | What the statute provides (14-10-110) |
|---|---|
| Both parties state it under oath, or one states it and the other does not deny it | Presumption that the marriage is irretrievably broken; the court makes the finding after a hearing unless controverted |
| One party denies it under oath | The court considers the circumstances and the prospect of reconciliation, then makes a finding or continues 35 to 63 days |
| At the adjourned hearing | The court makes a finding whether the marriage is irretrievably broken |
Is there a separation requirement in Colorado?
No. The petition states the date on which the parties separated (14-10-107(2)(c)), but the statute does not require living apart for any period before a decree. The only time rules are the 91 days of domicile and the 91 days after the court acquires jurisdiction over the respondent. See the Colorado divorce timeline calculator.
Can one spouse stop a divorce by refusing to agree in Colorado?
Not by refusing alone. A spouse who denies that the marriage is irretrievably broken triggers a finding or a continuance of 35 to 63 days, after which the court must make the finding (14-10-110(2)). The court may suggest counseling during the continuance.
What does the court consider if a spouse denies the breakdown in Colorado?
All relevant factors, including the circumstances that gave rise to the filing of the petition and the prospect of reconciliation (C.R.S. 14-10-110(2)). It then either makes a finding or continues the matter for a further hearing between 35 and 63 days later, and at that hearing it must make the finding. The 91-day wait for the decree runs on its own clock, so a continuance may not add time if the 91 days have not yet passed.
Does fault matter to property in Colorado?
No. The court divides the marital property “without regard to marital misconduct” in such proportions as it deems just (14-10-113(1)). See the Colorado property division calculator.
Does fault matter to maintenance in Colorado?
No. Maintenance is in an amount and for a term that is fair and equitable to both parties and is made without regard to marital misconduct (14-10-114). See the Colorado alimony calculator.
What does the petition say about the date of separation in Colorado?
The petition must state the date on which the parties separated (C.R.S. 14-10-107(2)(c)). The date is information the court and the other spouse use; it is not a condition to a decree, and the marriage can be found irretrievably broken whether or not the spouses live apart.
Does fault matter to the children in Colorado?
Domestic violence, child abuse and neglect are weighed in the best-interest findings for parenting time and decision-making, and a restriction of parenting time requires a finding that it would endanger the child’s physical health or significantly impair the child’s emotional development (14-10-124(1.5)). See the Colorado parenting time calculator.
Do the grounds change the timeline in Colorado?
No. The residence rule and the 91 days apply to every case, and the calculator shows the same earliest dates whether the other spouse agrees or denies.
Frequently asked questions
What are the grounds for divorce in Colorado?
One ground: the marriage is irretrievably broken.
Is Colorado a no-fault divorce state?
Yes. The only ground is irretrievable breakdown, and fault is not considered for property or maintenance.
Is a separation period required for a Colorado divorce?
No separation period is required.
Can my spouse refuse a Colorado divorce?
A spouse can deny the breakdown, but the court then makes a finding or continues the hearing 35 to 63 days.
Does adultery matter in a Colorado divorce?
Not to property or maintenance, which are decided without regard to marital misconduct.
Official sources
- C.R.S. 14-10-106: dissolution of marriage; legal separation
- C.R.S. 14-10-110: irretrievable breakdown
- C.R.S. 14-10-107: commencement; pleadings; automatic temporary injunction
- C.R.S. 14-10-112: separation agreement
- C.R.S. 14-13-201: initial child-custody jurisdiction
- C.R.S. 14-13-102: definitions, including home state
- C.R.S. 14-10-113: disposition of property
- C.R.S. 14-10-114: spousal maintenance
- C.R.S. 14-10-124: best interests of the child
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited Colorado statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Colorado attorney.