How Long Does a Divorce Take in Colorado?
Understanding the Timeline
How long does a divorce take in Colorado?
Colorado law requires a minimum 91-day waiting period before a court can enter a decree of dissolution of marriage. However, 91 days is only the legal minimum. Many divorces take longer because spouses must resolve property, debt, parenting, child support, maintenance, and other issues before final orders can be entered.
The actual timeline depends heavily on whether the spouses agree, how complicated their finances are, whether children are involved, and whether disputed issues require mediation, hearings, or a trial.
What Is the Minimum Waiting Period for a Colorado Divorce?
When asking how long does a divorce take in Colorado, the 91-day waiting period is the starting point. The court cannot finalize the divorce before the required waiting period expires, even when both spouses agree on every issue.
When spouses file together as petitioner and co-petitioner, the waiting period generally begins when the case is filed. When one spouse files and the other is the respondent, the waiting period generally begins when the court obtains jurisdiction over the respondent, such as through service or the respondent’s appearance in the case.
Reaching day 91 does not automatically make the parties divorced. The court must still be able to enter the required final orders.
Can a Colorado Divorce Be Finished in 91 Days?
It is possible for some divorces to be completed near the minimum waiting period, but the circumstances must allow the case to be ready for final resolution.
An uncontested divorce can move more efficiently when the spouses have resolved their financial issues and, when applicable, parenting and support matters. They must also complete the necessary disclosures, agreements, and court paperwork.
Court scheduling and whether the submitted documents satisfy legal requirements can also affect how long does a divorce take in Colorado.
Why Can a Colorado Divorce Take Longer?
Disagreements are a major reason a divorce extends beyond the statutory minimum. A court may need to resolve contested questions involving marital property, marital debts, parenting time, decision-making responsibilities, child support, or spousal maintenance.
Financial complexity can also lengthen a case. Real estate, businesses, retirement accounts, investments, separate property claims, and disagreements over valuation may require additional information or professional analysis.
When spouses cannot reach an agreement, mediation or other dispute-resolution efforts may be necessary. Issues that remain unresolved can ultimately require a final orders hearing before the court.
Does Property Division Affect How Long a Divorce Takes in Colorado?
Property division can significantly affect how long does a divorce take in Colorado, particularly when spouses disagree about what they own, what property is marital, or what assets are worth.
Colorado follows equitable division principles. The court divides marital property in proportions it considers just after considering the applicable statutory factors. Equitable does not necessarily mean an equal 50-50 division.
Importantly, Colorado divides marital property without regard to marital misconduct. Infidelity, domestic violence, abuse, or other marital misconduct does not change the rules governing division of marital property or debt. Safety concerns and domestic violence can be highly relevant to other parts of a family law case, including certain parenting issues, but they should not be confused with property division.
Do Children Make a Colorado Divorce Take Longer?
Having children does not automatically mean a divorce will be lengthy. However, disagreements concerning children can add significant issues that must be resolved before the case is complete.
Colorado uses the terms parenting time and decision-making responsibilities rather than simply awarding traditional “custody.” Courts determine parenting issues according to the child’s best interests under Colorado law.
Parents may need to establish a parenting schedule, determine how major decisions will be made, and address child support. When parents disagree about these matters, additional proceedings may be necessary.
Domestic violence, child abuse, and certain safety concerns can also be relevant to the court’s consideration of parenting arrangements. These issues can require careful factual and legal analysis and may affect the amount of court involvement required.
Can Spousal Maintenance Extend the Divorce Timeline?
Spousal maintenance can affect how long does a divorce take in Colorado when the spouses disagree about whether maintenance should be awarded, its amount, or its duration.
Colorado law provides guidelines and statutory factors concerning maintenance. The court must consider the circumstances of the particular case rather than assuming that every divorce will include maintenance.
Disputes about income, financial resources, employment, or other relevant circumstances can require additional documentation and evidence before maintenance can be resolved.
How Does an Uncontested Divorce Compare With a Contested Divorce?
An uncontested divorce generally moves faster because the spouses have reached agreements on the issues necessary to conclude their case. They still must satisfy Colorado’s waiting period and procedural requirements.
A contested divorce occurs when the spouses cannot agree on one or more issues. The disagreement does not necessarily mean the case will go to trial. Many disputed cases are ultimately resolved through negotiation or mediation.
If disputes remain, however, the court may need to decide them. Court schedules, discovery, expert involvement, motions, and hearings can all influence how long does a divorce take in Colorado.
Can a Divorce Attorney Help Prevent Unnecessary Delays?
A divorce attorney cannot eliminate Colorado’s mandatory waiting period or control the court’s calendar. An attorney can, however, help keep a case moving by identifying required issues, preparing documents, addressing financial disclosures, negotiating disputed matters, and preparing for hearings when agreements cannot be reached.
Early legal advice can also help someone understand which disputes are likely to require additional evidence or preparation. This can be especially important in divorces involving complicated property, contested parenting arrangements, maintenance, or significant financial disagreements.
Common Questions About How Long Does a Divorce Take in Colorado
Does the 91-day period mean I will automatically be divorced on day 91?
No. The 91-day period establishes the earliest point at which a Colorado court may enter a divorce decree. The case must otherwise be ready for final orders, and the required issues and paperwork must be resolved.
How long does a divorce take in Colorado if both spouses agree?
An agreed divorce may be completed relatively quickly after the mandatory waiting period when all required issues have been resolved and the necessary paperwork is complete. The precise timing depends on the circumstances and the court.
What if my spouse refuses to cooperate with the divorce?
A spouse generally cannot prevent a Colorado divorce indefinitely simply by refusing to agree that the marriage should end. Colorado is a no-fault divorce state, and the legal standard focuses on whether the marriage is irretrievably broken. A noncooperative spouse can nevertheless make resolving financial, parenting, or procedural issues more time-consuming.
Does fighting over property make divorce take longer?
It can. Property disputes may require financial disclosures, document exchanges, valuations, negotiations, mediation, or a court hearing. The greater the financial complexity and disagreement, the more preparation may be required.
How long does a divorce take in Colorado when parents disagree about parenting time?
There is no single timeline for a contested parenting case. The court must address parenting time and decision-making according to Colorado’s best-interests standards, and significant disagreements can require additional proceedings before final orders are entered.
Every divorce has its own timeline. Understanding the mandatory waiting period is important, but identifying and addressing disputed issues early can help prevent avoidable delays.
For guidance about your circumstances, contact the firm to discuss how long does a divorce take in Colorado.