Divorce in Colorado — Steps, Expectations, and a Fresh Start

By Hampton Pigott Staff
Posted on 8-1-2026

Deciding to end a marriage is never an easy choice, but sometimes life leads us down a new path where moving forward separately is the healthiest and happiest option for everyone involved. If you are considering a split in the Centennial State, you might be wondering: What happens next? How does this actually work?

In Colorado, a divorce is officially known as a Dissolution of Marriage. While the legal side of untangling years of shared memories, property, and finances can sound a bit intimidating, knowing what to expect can bring a huge sense of relief. And we at Hampton & Pigott are here to help you get through it!

Meeting the Basics (Residency and Grounds)

Before diving into paperwork, Colorado has a couple of basic ground rules:

• Residency: At least one spouse must live in Colorado for a minimum of 91 days before filing for divorce.
• No-Fault State: Colorado is a "no-fault" divorce state. You don't need to prove that anyone did something wrong; you simply need to state that the marriage is "irretrievably broken".

Filing the Petition

The formal process kicks off when you (or your attorney) file a Petition for Dissolution of Marriage with the court. You can file together as co-petitioners if you are in agreement, or one spouse can file and have the paperwork formally served to the other.

Financial Disclosures (Putting All the Cards on the Table)

Transparency is a major key in a Colorado divorce. Within 42 days of the petition being served or filed, both spouses must exchange comprehensive financial disclosures. This includes putting together a Sworn Financial Statement detailing:

• Income and monthly expenses
• Assets (bank accounts, retirement funds, real estate)
• Debts and liabilities

Having an open and honest look at the financials helps ensure a fair division of property and debts down the road.

Working Out the Details (The Core Issues)

Every family is unique, and working through the specifics of your separation generally covers a few major categories:

• Property and Debt Division: Colorado follows an "equitable distribution" model, meaning marital assets and debts are divided in a way that is fair and just (though not always an exact 50/50 split).
• Spousal Maintenance (Alimony): Depending on the length of the marriage and each partner's financial situation, maintenance may be awarded to help support a spouse during or after the transition.
• Child Custody and Support: If you have kiddos, their well-being is the top priority. Parents will work on an Allocation of Parental Responsibilities (child custody) covering parenting time schedules and decision-making, alongside a child support calculation.

Reaching an Agreement or Heading to Court

Many couples are able to resolve their differences outside of court through direct negotiation or mediation, crafting a separation agreement that works for both sides. If an agreement can't be reached on certain topics, your attorney will help advocate for your interests through a court hearing or trial so a judge can make the final call.

By Colorado law, there is a mandatory 91-day waiting period from the time the petition is filed (or the other party is served) before a judge can officially finalize the divorce decree.

You Don't Have to Navigate This Alone

As you can see, navigating a divorce can feel like sorting through a tangled web, but you don’t have to do it by yourself. At Hampton & Pigott, our goal is to protect your children, prioritize your financial stability, and help you transition into your next chapter with confidence and peace of mind. If you are ready to take that first step toward a fresh start, reach out to our team today!