Colorado Divorce Laws: Residency, Waiting Period, Custody and Support
Colorado divorce rules: residency requirement, grounds, waiting period, filing fee, property division, alimony, custody, child support and uncontested divorce.
Quick answers for Colorado
- Residency requirement
- You or your spouse must have lived (been domiciled) in Colorado for at least 91 days before filing for divorce. C.R.S. § 14-10-106(1)(a)(I); Colorado Judicial Branch, Divorce or Legal Separation
- Waiting period
- The court cannot enter a decree of dissolution or legal separation until at least 91 days have passed since it got jurisdiction over the other spouse (through service of process, joining as co-petitioner, or otherwise appearing in the case). C.R.S. § 14-10-106(1)(a)(III)
- Dividing property
- Colorado uses equitable distribution. The court sets apart each spouse's separate property and divides marital property, without regard to marital misconduct, in proportions it finds just, considering each spouse's contributions (including as a homemaker), the value of each spouse's… C.R.S. § 14-10-113
- Filing fee
- The state docket fee is $230 for the petitioner in a divorce, legal separation, or declaration of invalidity case, and $116 for the respondent. The same amounts apply to civil unions. C.R.S. § 13-32-101(1)(a)-(b); Colorado Judicial Branch, Divorce and Separation
- When child support ends
- Unless a court finds a child emancipated earlier, child support ends automatically, without a motion, when the last or only child turns 19. Exceptions: the parents may agree otherwise in a written stipulation; Colo. Rev. Stat. § 14-10-115(13)
Last verified: 2026-10-27
Filing for divorce
| Residency requirement | You or your spouse must have lived (been domiciled) in Colorado for at least 91 days before filing for divorce. For the court to decide parenting issues, the children generally must have lived in Colorado for at least 182 days (or since birth). For a civil union entered in Colorado, neither party has to live in Colorado. |
|---|---|
| Grounds for divorce | Colorado is a no-fault state. The only ground is that the marriage is irretrievably broken. If both spouses say so under oath, or one says so and the other does not deny it, the court presumes it is true unless contradicted by evidence. Colorado Revised Statutes 2024, Title 14 (uncertified printout published by the Office of Legislative Legal Services). Source: C.R.S. §§ 14-10-106, 14-10-110 |
| Waiting period | The court cannot enter a decree of dissolution or legal separation until at least 91 days have passed since it got jurisdiction over the other spouse (through service of process, joining as co-petitioner, or otherwise appearing in the case). Source: C.R.S. § 14-10-106(1)(a)(III) |
| Filing fee | The state docket fee is $230 for the petitioner in a divorce, legal separation, or declaration of invalidity case, and $116 for the respondent. The same amounts apply to civil unions. If you cannot afford the fee, the Judicial Branch offers a File Without Payment (fee waiver) process. Colorado Revised Statutes 2024, Title 13. Statute also assesses a $5 displaced homemakers fee per petition from a nonindigent petitioner (C.R.S. § 14-10-120.5); e-filing charges may also apply. |
| Uncontested or simplified divorce | Spouses can file jointly, which the Judicial Branch says is easier and cheaper. The court may enter final orders on affidavit without a hearing (form JDF 1018, Affidavit for Decree Without Appearance) when there is no material fact in dispute, marital property is divided by agreement or there is none, and either there are no minor children or both parties have lawyers or licensed legal paraprofessionals and a separation agreement covering parenting and child support. Filing by affidavit does not shorten the 91-day waiting period, and the court can still require a hearing. |
| Divorce forms | The Colorado Judicial Branch's self-help page for divorce or legal separation lists the forms to start a case: the Guide to Divorce or Legal Separation (JDF 1010), the Petition (JDF 1011, used for joint or separate filings), the Case Information Sheet (JDF 1000), and, if filing alone, the Summons (JDF 1012), with Waiver of Service (JDF 1013), Return of Service (JDF 1014) and Response to the Petition (JDF 1015). Within 42 days of the petition, parties file a Sworn Financial Statement (JDF 1111) and Certificate of Compliance (JDF 1104). Completed forms can be filed online through Colorado Courts E-Filing (after creating an account) or in person at the local district court. Financial disclosure forms: https://www.coloradojudicial.gov/self-help/about-family-cases-forms/case-process |
Property and alimony
| Dividing property | Colorado uses equitable distribution. The court sets apart each spouse's separate property and divides marital property, without regard to marital misconduct, in proportions it finds just, considering each spouse's contributions (including as a homemaker), the value of each spouse's separate property, each spouse's economic circumstances (including awarding the family home to the parent the children mainly live with), and changes in the value of separate property during the marriage. Marital property is everything acquired during the marriage except gifts and inheritances, property exchanged for pre-marriage or gifted property, property acquired after a decree of legal separation, and property excluded by valid agreement. Source: C.R.S. § 14-10-113 |
|---|---|
| Alimony (spousal support) | Colorado calls alimony maintenance and has advisory guidelines for marriages of at least three years where combined annual adjusted gross income is $240,000 or less. When maintenance is taxable to the recipient, the guideline amount is 40 percent of the spouses' combined monthly adjusted gross income minus the lower earner's income (zero if negative); for non-taxable awards, the amount is reduced to a set percentage of that figure depending on income. The guideline term for marriages of 3 to 20 years comes from a statutory table; for marriages over 20 years, maintenance may be for a set term or indefinite. The guidelines are not presumptive: the court considers factors such as each spouse's financial resources, the marital lifestyle, the property division, income and employability, and age and health. The term-of-maintenance table is embedded as an image in the statute printout and is not restated here. Source: C.R.S. § 14-10-114 |
Children: custody and support
| Child custody | Colorado uses the terms parental responsibilities, parenting time and decision-making, decided by the child's best interests with the child's safety paramount. Factors include the parents' wishes, the child's wishes if mature enough to express reasoned and independent preferences, the child's relationships with parents and siblings, adjustment to home, school and community, the mental and physical health of everyone involved (a disability alone is not a basis to limit parenting time), each parent's ability to encourage the child's relationship with the other, and domestic violence or child abuse. State policy encourages frequent and continuing contact with both parents in most cases. No fixed age is set for the child's wishes. Source: C.R.S. § 14-10-124 |
|---|---|
| Emergency and temporary custody | In a divorce, legal separation or parental responsibilities case, either party may ask for temporary orders, including temporary parental responsibilities and child support, supported by an affidavit; the court considers the child's best interests. Either party can also ask for a temporary order stopping the other from molesting or disturbing the peace of the other party or any child. Under the interstate custody law, a Colorado court has temporary emergency jurisdiction if the child is in Colorado and has been abandoned, or emergency action is needed because the child, a sibling or a parent is being mistreated or abused or threatened with it. |
| Parenting class or mediation | A court may order a parent of a child under 18 who is a party to a divorce, legal separation, or parental responsibilities case to attend a program on the impact of separation and divorce on children. The Judicial Branch lists accepted co-parenting class providers by county and refers to a co-parenting class requirement. |
| Grandparents' rights | A grandparent or great-grandparent may ask the court for reasonable grandparent family time when there is or has been a custody or parental responsibilities case involving the child. The request is filed in the district where the child lives with a supporting affidavit and notice to the parties; the court grants family time only if it finds it is in the child's best interests, after a hearing if either party requests one. Source: C.R.S. § 14-10-124.4 |
Child support
| Child support | Colorado's child support guidelines estimate the share of the parents' combined adjusted gross income that would have gone to the child in an intact household, adjust for extraordinary medical expenses and work-related child care, and allocate the total between the parents by income (an income shares approach). The Judicial Branch provides free Family Law Software to calculate child support and maintenance and print worksheets. |
|---|---|
| How to apply for child support | Apply to Colorado Child Support Services (CSS), part of the Colorado Department of Human Services; county child support offices manage the individual cases. Applying online is free, with no application fee, and an unfinished online application is saved for 60 days if you create an account. You can also print the Application for Child Support Services (English or Spanish) and mail it to your county child support office. |
| When child support ends | Unless a court finds a child emancipated earlier, child support ends automatically, without a motion, when the last or only child turns 19. Exceptions: the parents may agree otherwise in a written stipulation; the court or child support unit may order support to continue past 19 for a mentally or physically disabled child; and if the child is still in high school or an equivalent program, support continues until the end of the month after graduation (a child who drops out and later re-enrolls can receive support until the end of the month after graduation, but not past 21). A child who marries or enters active military duty is considered emancipated. Parents may also agree in writing to pay postsecondary education expenses. Read in the official 2024 Colorado Revised Statutes, Title 14 PDF. For orders entered before July 1, 1997, separate rules allow court-ordered postsecondary support up to 21. Source: Colo. Rev. Stat. § 14-10-115(13) |
| Changing a child support order | Child support can be modified only for payments due after the motion is filed, and only on a showing of substantial and continuing changed circumstances (or because the order lacks a medical support provision). If applying the guidelines to current circumstances would change support by less than 10% a month, that is not considered a substantial and continuing change. Through the child support program, a review can be requested at any time, for example after a child emancipates, an income change, a change in child care or health costs, a change in overnights, or three years since the last review. Requests must be made in writing to the county child support office, with an Income and Expense Affidavit and supporting documents; a review can take up to six months. Statute in Title 14 PDF: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-14.pdf |
| If child support isn't paid | Unpaid child support does not go away and can accrue interest. Colorado Child Support Services can enforce orders through income withholding, suspension and denial of driver's licenses and recreational licenses, tax refund and other payment intercepts, credit bureau reporting, and court actions. By statute, interest on support owed on or after July 1, 2021 is 2% above the statutory rate and may be compounded annually (it was 4% above the statutory rate, compounded monthly, before then); the person owed may waive it, and the paying parent can ask the court to disallow interest for good cause. Interest statute in Title 14 PDF: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-14.pdf |
| State child support agency | The Colorado Child Support Services Program (Colorado Division of Child Support Services, with cases managed by county child support offices) sets up child support and medical support orders, collects child support payments and changes existing orders. Apply, make a payment, or log in or create an account through the program's website. |
| Official child support calculator | The Colorado Judicial Branch's "Calculate Support Payments" self-help page directs people to the Family Law Software child support and maintenance calculator, which runs in a web browser and produces printable worksheets (create an account and select Colorado; the page says not to click "Free Trial"). Child support worksheets can also be downloaded from the court's forms page and completed by hand, which the page calls rare. Support is governed by C.R.S. 14-10-115. Forms: https://www.coloradojudicial.gov/taxonomy/term/448?form_category=946 |
Separation, annulment, records and marriage
| Legal separation | Yes. A legal separation case can do everything a divorce can, including dividing property and debts and setting a parenting plan and child support, but it does not end the marriage or civil union. It has the same 91-day residency and waiting rules, and a legal separation can later be converted to a divorce. |
|---|---|
| Annulment | Colorado calls annulment a declaration of invalidity. Grounds are: lack of capacity to consent (mental incapacity or alcohol or drugs); physical inability to consummate unknown to the other spouse; being underage without required consent or court approval; fraud going to the essence of the marriage; duress; marrying as a jest or dare; or a marriage prohibited by law (such as bigamy or close family relationship). Most grounds must be raised within six months of learning of the problem, one year for inability to consummate, and 24 months from the marriage for being underage. Source: C.R.S. § 14-10-111 |
| Common-law marriage | Yes, Colorado recognizes common-law marriage. A common-law marriage entered on or after September 1, 2006 is valid only if each party was at least 18 and the marriage is not otherwise prohibited by law. Divorcing a common-law spouse uses the same court process as any marriage. The statute's annotations cite In re Hogsett, 2021 CO 1, for the test for proving a common-law marriage. Source: C.R.S. § 14-2-109.5 |
| Changing your name after divorce | You can ask to restore your prior name in the divorce or legal separation Petition (JDF 1011) or Response (JDF 1015). After the decree, you can file a Motion for Name Restoration (JDF 1824) with an Order (JDF 1825) in the court that entered the decree; the court restores the name if it is not detrimental to any person. There is no filing fee if you ask within 60 days after the decree is signed. |
| Divorce records | The Colorado Department of Public Health and Environment (CDPHE) Vital Records office issues verifications of a dissolution (divorce), not copies of the decree. To order by mail, send the divorce verification application, a copy of your identification and proof of eligibility, and the non-refundable fee; online orders go through VitalChek (a card surcharge applies), and in-person service is by appointment only. |
Marriage and name changes
| Getting a marriage license | Licenses are issued by the county clerk and recorder. Both parties complete and sign the application, and at least one party appears before the clerk (both may appear remotely where allowed). The clerk needs satisfactory proof of each party's age and that the marriage is not prohibited. The fee is set by statute in parts: a $7 license fee, a $20 fee for the Colorado domestic abuse program fund, and an added amount set under the vital statistics law. The license statutes do not set a waiting period. The license is valid only in Colorado and for 35 days after it is issued; after that it is void. Statutes are from the Colorado Revised Statutes 2024 edition. Source: C.R.S. §§ 14-2-106, 14-2-107 |
|---|---|
| Minimum marriage age | Both parties must be 18, except that a 16- or 17-year-old may marry with judicial approval. The juvenile court, after reasonable efforts to notify the parents or guardians, appoints a guardian ad litem to investigate and may order the clerk to issue a license only if it finds the minor is capable of assuming the responsibilities of marriage and the marriage is in the minor's best interest; pregnancy alone does not establish best interest. A marriage in violation of the age rule is voidable. A 2026 bill to eliminate the under-18 exception (SB 26-048) did not become law: https://leg.colorado.gov/bills/sb26-048 Source: C.R.S. §§ 14-2-106(1), 14-2-108 |
| Legal name change | An adult files a petition, verified by affidavit, in the district or county court of the county where he or she lives, stating the current name, the new name and the reason; a petitioner over 14 must include a certified fingerprint-based criminal history check done within 90 days before filing. Unless the court finds good cause to skip it, the court orders the petitioner to publish notice three times within 21 days in a local newspaper and file proof. Publication is not required for certain victims of domestic violence or abuse, for a name change to conform to gender identity, or under a simplified process for fixing name discrepancies needed for an ID card. The court grants the change if it is proper and not harmful to others; restrictions apply to people with certain felony convictions. Source: C.R.S. §§ 13-15-101, 13-15-102 |
Adoption, guardianship and paternity
| Adoption requirements | Any person 21 or older, including a foster parent, may petition to adopt (a minor may petition with court approval). A married person or civil union partner must petition jointly with the spouse or partner unless that person is the child's parent. The petition is filed in the county where the petitioner lives or where the placement agency is located. A child is available for adoption only after a court terminates or accepts relinquishment of parental rights, or with specified written consents (for example, from a court-appointed guardian when the parents have died, or a parent in a stepparent adoption). A home study by a county department, approved individual or licensed agency is required except in stepparent, kinship, custodial and court-placed adoptions. Except in stepparent, custodial or kinship adoptions, the final hearing is held no sooner than 182 days after the child begins living in the home, and the court reviews fingerprint-based criminal history checks. |
|---|---|
| Stepparent adoption | A stepparent adoption proceeds on the written, verified consent of the custodial parent when the other parent has died or had parental rights terminated, or with the consent of the other parent who has only residual parental responsibilities. A stepparent may also proceed if the custodial parent swears that the other parent abandoned the child for one year or more or failed without cause to provide reasonable support for one year or more; the other parent must be served with notice (by one newspaper publication if the address is unknown after a diligent search), and the hearing cannot be held sooner than 35 days after service. No home study is required, and the court holds the hearing as soon as possible. A civil union partner is treated as a stepparent. |
| Guardianship of a child | A minor or anyone interested in the minor's welfare may petition. The court may appoint a guardian if it is in the minor's best interest and the parents consent, all parental rights have been terminated, the parents are unwilling or unable to exercise their parental rights, or a prior third-party guardian has died or become incapacitated without naming a successor. Special rules allow guardianship findings up to age 21 for special immigrant juvenile status. Source: C.R.S. § 15-14-204 |
| Guardianship of an adult | The court may appoint a limited or unlimited guardian for an adult only if it finds by clear and convincing evidence that the person is incapacitated and that his or her identified needs cannot be met by less restrictive means, including appropriate and reasonably available technological assistance. Otherwise it may treat the case as a protective proceeding, enter another order or dismiss. Whenever feasible, the court grants only the powers the person's limitations and needs require, to encourage maximum self-reliance and independence. Source: C.R.S. § 15-14-311 |
| Establishing paternity | A parent who gave birth and another person who is or believes they are a genetic parent (or an intended parent through assisted reproduction) may sign a voluntary acknowledgment of parentage; a married or civil-union birth parent may sign with someone else only if the spouse or partner also signs. The acknowledgment takes effect when filed with the state registrar of vital statistics and is then equivalent to a court judgment of parentage. It may be rescinded within the earlier of 60 days after signing or the date of a court or administrative proceeding about the child to which the signer is a party; after that it can be challenged in court only for fraud, duress or material mistake of fact. In a court case where parentage is at issue, the court must order genetic testing on its own motion or a party's motion. Genetic testing statute: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-13.pdf Source: C.R.S. §§ 19-4-105(2), 13-25-126 |
Where to get help in Colorado
Divorce & Family Law FAQ
How long do you have to live in Colorado to file for divorce?
You or your spouse must have lived (been domiciled) in Colorado for at least 91 days before filing for divorce. For the court to decide parenting issues, the children generally must have lived in Colorado for at least 182 days (or since birth). For a civil union entered in Colorado, neither party has to live in Colorado.
Is Colorado a no-fault divorce state?
Colorado is a no-fault state. The only ground is that the marriage is irretrievably broken. If both spouses say so under oath, or one says so and the other does not deny it, the court presumes it is true unless contradicted by evidence.
Is there a waiting period for divorce in Colorado?
The court cannot enter a decree of dissolution or legal separation until at least 91 days have passed since it got jurisdiction over the other spouse (through service of process, joining as co-petitioner, or otherwise appearing in the case).
How much does it cost to file for divorce in Colorado?
The state docket fee is $230 for the petitioner in a divorce, legal separation, or declaration of invalidity case, and $116 for the respondent. The same amounts apply to civil unions. If you cannot afford the fee, the Judicial Branch offers a File Without Payment (fee waiver) process.
How do you get an uncontested divorce in Colorado?
Spouses can file jointly, which the Judicial Branch says is easier and cheaper. The court may enter final orders on affidavit without a hearing (form JDF 1018, Affidavit for Decree Without Appearance) when there is no material fact in dispute, marital property is divided by agreement or there is none, and either there are no minor children or both parties have lawyers or licensed legal paraprofessionals and a separation agreement covering parenting and child support. Filing by affidavit does not shorten the 91-day waiting period, and the court can still require a hearing.
Is Colorado a community property state?
Colorado uses equitable distribution. The court sets apart each spouse's separate property and divides marital property, without regard to marital misconduct, in proportions it finds just, considering each spouse's contributions (including as a homemaker), the value of each spouse's separate property, each spouse's economic circumstances (including awarding the family home to the parent the children mainly live with), and changes in the value of separate property during the marriage. Marital property is everything acquired during the marriage except gifts and inheritances, property exchanged for pre-marriage or gifted property, property acquired after a decree of legal separation, and property excluded by valid agreement.
How is alimony decided in Colorado?
Colorado calls alimony maintenance and has advisory guidelines for marriages of at least three years where combined annual adjusted gross income is $240,000 or less. When maintenance is taxable to the recipient, the guideline amount is 40 percent of the spouses' combined monthly adjusted gross income minus the lower earner's income (zero if negative); for non-taxable awards, the amount is reduced to a set percentage of that figure depending on income. The guideline term for marriages of 3 to 20 years comes from a statutory table; for marriages over 20 years, maintenance may be for a set term or indefinite. The guidelines are not presumptive: the court considers factors such as each spouse's financial resources, the marital lifestyle, the property division, income and employability, and age and health.
How is child custody decided in Colorado?
Colorado uses the terms parental responsibilities, parenting time and decision-making, decided by the child's best interests with the child's safety paramount. Factors include the parents' wishes, the child's wishes if mature enough to express reasoned and independent preferences, the child's relationships with parents and siblings, adjustment to home, school and community, the mental and physical health of everyone involved (a disability alone is not a basis to limit parenting time), each parent's ability to encourage the child's relationship with the other, and domestic violence or child abuse. State policy encourages frequent and continuing contact with both parents in most cases.
How is child support calculated in Colorado?
Colorado's child support guidelines estimate the share of the parents' combined adjusted gross income that would have gone to the child in an intact household, adjust for extraordinary medical expenses and work-related child care, and allocate the total between the parents by income (an income shares approach). The Judicial Branch provides free Family Law Software to calculate child support and maintenance and print worksheets.
Do you have to take a parenting class to divorce in Colorado?
A court may order a parent of a child under 18 who is a party to a divorce, legal separation, or parental responsibilities case to attend a program on the impact of separation and divorce on children. The Judicial Branch lists accepted co-parenting class providers by county and refers to a co-parenting class requirement.
Can you get a legal separation in Colorado?
Yes. A legal separation case can do everything a divorce can, including dividing property and debts and setting a parenting plan and child support, but it does not end the marriage or civil union. It has the same 91-day residency and waiting rules, and a legal separation can later be converted to a divorce.
What are the grounds for annulment in Colorado?
Colorado calls annulment a declaration of invalidity. Grounds are: lack of capacity to consent (mental incapacity or alcohol or drugs); physical inability to consummate unknown to the other spouse; being underage without required consent or court approval; fraud going to the essence of the marriage; duress; marrying as a jest or dare; or a marriage prohibited by law (such as bigamy or close family relationship). Most grounds must be raised within six months of learning of the problem, one year for inability to consummate, and 24 months from the marriage for being underage.
Does Colorado recognize common-law marriage?
Yes, Colorado recognizes common-law marriage. A common-law marriage entered on or after September 1, 2006 is valid only if each party was at least 18 and the marriage is not otherwise prohibited by law. Divorcing a common-law spouse uses the same court process as any marriage.
Do grandparents have visitation rights in Colorado?
A grandparent or great-grandparent may ask the court for reasonable grandparent family time when there is or has been a custody or parental responsibilities case involving the child. The request is filed in the district where the child lives with a supporting affidavit and notice to the parties; the court grants family time only if it finds it is in the child's best interests, after a hearing if either party requests one.
How do you change your name back after a divorce in Colorado?
You can ask to restore your prior name in the divorce or legal separation Petition (JDF 1011) or Response (JDF 1015). After the decree, you can file a Motion for Name Restoration (JDF 1824) with an Order (JDF 1825) in the court that entered the decree; the court restores the name if it is not detrimental to any person. There is no filing fee if you ask within 60 days after the decree is signed.
At what age does child support end in Colorado?
Unless a court finds a child emancipated earlier, child support ends automatically, without a motion, when the last or only child turns 19. Exceptions: the parents may agree otherwise in a written stipulation; the court or child support unit may order support to continue past 19 for a mentally or physically disabled child; and if the child is still in high school or an equivalent program, support continues until the end of the month after graduation (a child who drops out and later re-enrolls can receive support until the end of the month after graduation, but not past 21). A child who marries or enters active military duty is considered emancipated. Parents may also agree in writing to pay postsecondary education expenses.
How do I file for child support in Colorado?
Apply to Colorado Child Support Services (CSS), part of the Colorado Department of Human Services; county child support offices manage the individual cases. Applying online is free, with no application fee, and an unfinished online application is saved for 60 days if you create an account. You can also print the Application for Child Support Services (English or Spanish) and mail it to your county child support office.
What happens if you don't pay child support in Colorado?
Unpaid child support does not go away and can accrue interest. Colorado Child Support Services can enforce orders through income withholding, suspension and denial of driver's licenses and recreational licenses, tax refund and other payment intercepts, credit bureau reporting, and court actions. By statute, interest on support owed on or after July 1, 2021 is 2% above the statutory rate and may be compounded annually (it was 4% above the statutory rate, compounded monthly, before then); the person owed may waive it, and the paying parent can ask the court to disallow interest for good cause.
How do you modify child support in Colorado?
Child support can be modified only for payments due after the motion is filed, and only on a showing of substantial and continuing changed circumstances (or because the order lacks a medical support provision). If applying the guidelines to current circumstances would change support by less than 10% a month, that is not considered a substantial and continuing change. Through the child support program, a review can be requested at any time, for example after a child emancipates, an income change, a change in child care or health costs, a change in overnights, or three years since the last review. Requests must be made in writing to the county child support office, with an Income and Expense Affidavit and supporting documents; a review can take up to six months.
How do you get emergency custody in Colorado?
In a divorce, legal separation or parental responsibilities case, either party may ask for temporary orders, including temporary parental responsibilities and child support, supported by an affidavit; the court considers the child's best interests. Either party can also ask for a temporary order stopping the other from molesting or disturbing the peace of the other party or any child. Under the interstate custody law, a Colorado court has temporary emergency jurisdiction if the child is in Colorado and has been abandoned, or emergency action is needed because the child, a sibling or a parent is being mistreated or abused or threatened with it.
Are divorce records public in Colorado, and how do I get a copy?
The Colorado Department of Public Health and Environment (CDPHE) Vital Records office issues verifications of a dissolution (divorce), not copies of the decree. To order by mail, send the divorce verification application, a copy of your identification and proof of eligibility, and the non-refundable fee; online orders go through VitalChek (a card surcharge applies), and in-person service is by appointment only.
How do you get a marriage license in Colorado?
Licenses are issued by the county clerk and recorder. Both parties complete and sign the application, and at least one party appears before the clerk (both may appear remotely where allowed). The clerk needs satisfactory proof of each party's age and that the marriage is not prohibited. The fee is set by statute in parts: a $7 license fee, a $20 fee for the Colorado domestic abuse program fund, and an added amount set under the vital statistics law. The license statutes do not set a waiting period. The license is valid only in Colorado and for 35 days after it is issued; after that it is void.
What is the legal age to get married in Colorado?
Both parties must be 18, except that a 16- or 17-year-old may marry with judicial approval. The juvenile court, after reasonable efforts to notify the parents or guardians, appoints a guardian ad litem to investigate and may order the clerk to issue a license only if it finds the minor is capable of assuming the responsibilities of marriage and the marriage is in the minor's best interest; pregnancy alone does not establish best interest. A marriage in violation of the age rule is voidable.
What are the requirements to adopt a child in Colorado?
Any person 21 or older, including a foster parent, may petition to adopt (a minor may petition with court approval). A married person or civil union partner must petition jointly with the spouse or partner unless that person is the child's parent. The petition is filed in the county where the petitioner lives or where the placement agency is located. A child is available for adoption only after a court terminates or accepts relinquishment of parental rights, or with specified written consents (for example, from a court-appointed guardian when the parents have died, or a parent in a stepparent adoption). A home study by a county department, approved individual or licensed agency is required except in stepparent, kinship, custodial and court-placed adoptions. Except in stepparent, custodial or kinship adoptions, the final hearing is held no sooner than 182 days after the child begins living in the home, and the court reviews fingerprint-based criminal history checks.
How does stepparent adoption work in Colorado?
A stepparent adoption proceeds on the written, verified consent of the custodial parent when the other parent has died or had parental rights terminated, or with the consent of the other parent who has only residual parental responsibilities. A stepparent may also proceed if the custodial parent swears that the other parent abandoned the child for one year or more or failed without cause to provide reasonable support for one year or more; the other parent must be served with notice (by one newspaper publication if the address is unknown after a diligent search), and the hearing cannot be held sooner than 35 days after service. No home study is required, and the court holds the hearing as soon as possible. A civil union partner is treated as a stepparent.
How do you get guardianship of a child in Colorado?
A minor or anyone interested in the minor's welfare may petition. The court may appoint a guardian if it is in the minor's best interest and the parents consent, all parental rights have been terminated, the parents are unwilling or unable to exercise their parental rights, or a prior third-party guardian has died or become incapacitated without naming a successor. Special rules allow guardianship findings up to age 21 for special immigrant juvenile status.
How do you get guardianship of an adult in Colorado?
The court may appoint a limited or unlimited guardian for an adult only if it finds by clear and convincing evidence that the person is incapacitated and that his or her identified needs cannot be met by less restrictive means, including appropriate and reasonably available technological assistance. Otherwise it may treat the case as a protective proceeding, enter another order or dismiss. Whenever feasible, the court grants only the powers the person's limitations and needs require, to encourage maximum self-reliance and independence.
How do you establish paternity in Colorado?
A parent who gave birth and another person who is or believes they are a genetic parent (or an intended parent through assisted reproduction) may sign a voluntary acknowledgment of parentage; a married or civil-union birth parent may sign with someone else only if the spouse or partner also signs. The acknowledgment takes effect when filed with the state registrar of vital statistics and is then equivalent to a court judgment of parentage. It may be rescinded within the earlier of 60 days after signing or the date of a court or administrative proceeding about the child to which the signer is a party; after that it can be challenged in court only for fraud, duress or material mistake of fact. In a court case where parentage is at issue, the court must order genetic testing on its own motion or a party's motion.
How do you legally change your name in Colorado?
An adult files a petition, verified by affidavit, in the district or county court of the county where he or she lives, stating the current name, the new name and the reason; a petitioner over 14 must include a certified fingerprint-based criminal history check done within 90 days before filing. Unless the court finds good cause to skip it, the court orders the petitioner to publish notice three times within 21 days in a local newspaper and file proof. Publication is not required for certain victims of domestic violence or abuse, for a name change to conform to gender identity, or under a simplified process for fixing name discrepancies needed for an ID card. The court grants the change if it is proper and not harmful to others; restrictions apply to people with certain felony convictions.
Where can I get divorce papers and forms in Colorado?
The Colorado Judicial Branch's self-help page for divorce or legal separation lists the forms to start a case: the Guide to Divorce or Legal Separation (JDF 1010), the Petition (JDF 1011, used for joint or separate filings), the Case Information Sheet (JDF 1000), and, if filing alone, the Summons (JDF 1012), with Waiver of Service (JDF 1013), Return of Service (JDF 1014) and Response to the Petition (JDF 1015). Within 42 days of the petition, parties file a Sworn Financial Statement (JDF 1111) and Certificate of Compliance (JDF 1104). Completed forms can be filed online through Colorado Courts E-Filing (after creating an account) or in person at the local district court.
Who handles child support in Colorado, and how do I contact them?
The Colorado Child Support Services Program (Colorado Division of Child Support Services, with cases managed by county child support offices) sets up child support and medical support orders, collects child support payments and changes existing orders. Apply, make a payment, or log in or create an account through the program's website.
Is there an official child support calculator in Colorado?
The Colorado Judicial Branch's "Calculate Support Payments" self-help page directs people to the Family Law Software child support and maintenance calculator, which runs in a web browser and produces printable worksheets (create an account and select Colorado; the page says not to click "Free Trial"). Child support worksheets can also be downloaded from the court's forms page and completed by hand, which the page calls rare. Support is governed by C.R.S. 14-10-115.
Divorce & Family Law in other states
More Colorado law
- Colorado tenant rights & landlord-tenant law
- Colorado small claims court
- Colorado wills, probate & estates
- Colorado protective & restraining orders
- Colorado employment law
- Colorado debt & collections
- Colorado unemployment benefits
- Colorado expungement & criminal records
- Colorado traffic tickets & dui
- Colorado personal injury & wrongful death
- Colorado workers' compensation
- Colorado foreclosure & homeowner law
- Colorado consumer protection
- Colorado starting an llc & small business
- Colorado bankruptcy
- Colorado car insurance & vehicle laws
- Colorado property tax & homestead exemptions
- Colorado criminal law
- Colorado gun laws
- Find a lawyer or free legal help in Colorado
- All Colorado law guides
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.