Many people assume there’s a required separation period before you can start the divorce process. But in Colorado, that’s not the case. You don’t need to live apart or be legally separated before filing. However, there are a few other timeframes and legal terms to understand before you move forward.
Let’s take a closer look at what you really need to know.
No Separation Required to File for Divorce
In Colorado, you are not required to be separated from your spouse before filing for divorce. Whether you live together or not, you can file as long as you meet certain other legal criteria.
The process starts when one spouse files a petition for dissolution of marriage. Once it’s filed and served, the legal timeline begins, and that’s where the 91-day rule comes in.
What Is the 91-Day Waiting Period?
While there’s no separation requirement, Colorado does have a mandatory 91-day waiting period. This means your divorce can’t be finalized until at least 91 days after:
- Both spouses have filed paperwork (or one has filed and the other has responded)
- Both parties have been officially served with the necessary documents
This waiting period is meant to give both spouses time to reflect and consider their next steps. It doesn’t mean your case has to be finalized at the 91-day mark, only that it can’t be finalized before then.
Legal Separation vs Divorce in Colorado
Some couples aren’t ready to divorce but want to live apart and separate their finances. In that case, legal separation may be an option. In Colorado, a legal separation works similarly to a divorce; it allows spouses to divide property, set up parenting plans, and make decisions about finances without ending the marriage itself.
It’s important to note that you still have to wait 91 days after filing for legal separation before it can be finalized. And if you later decide to move forward with a divorce, you can easily convert your legal separation into a divorce with the court.
Colorado Is a No-Fault Divorce State
Colorado follows a no-fault divorce process. This means that you don’t have to prove wrongdoing or blame your spouse for the breakdown of the marriage. Instead, the only reason needed is that the marriage is “irretrievably broken.”
This simplifies the process and allows couples to focus on resolving issues like parenting time, support, and division of assets rather than digging into personal disputes.
Common Misconceptions About Divorce in Colorado
Because divorce laws vary by state, it’s easy to get confused. Here are a few myths we hear often:
- You don’t have to be legally separated before you can divorce
- You can live in the same house and still file for divorce
- You don’t need your spouse’s permission to file
- Colorado doesn’t consider who was “at fault” when dividing property or deciding parenting time
Getting the facts straight can make the process feel a little less overwhelming.
Support Through the Divorce Process
Divorce is never easy, but you don’t have to go through it alone. The Foothills Collaborative Divorce Professionals (FCDP) are here to help guide you through the process in a way that keeps your dignity, your family, and your finances intact.
Collaborative divorce is built on respect, open communication, and finding the best path forward for everyone involved. It’s an option that focuses on solutions, not arguments, and gives families a healthier way to move on.
Reach Out When You’re Ready
If you're thinking about divorce in Colorado and have questions about what steps to take, the team at FCDP can help you understand your options. Whether you're living together or apart, or considering legal separation instead, we can walk you through what to expect.
Choosing a collaborative approach means you don’t have to face this alone. Let's work together to find a better way forward.
