Colorado No-Fault Divorce: Get the Facts (2026 Update)

Colorado is one of 17 no-fault divorce states, where courts don’t consider who caused the marriage to deteriorate when deciding whether to grant the divorce. You don’t have to prove your spouse did anything wrong to end your marriage. The only grounds for divorce are that the marriage is irretrievably broken. However, while the court doesn’t care who’s at fault for breaking the marriage, wrongful actions such as domestic violence or dissipating marital assets can absolutely impact how assets and debts are divided, spousal support, and parenting issues.

This article explains what a no-fault divorce is, the process for obtaining one, and how certain factors, like a history of domestic violence, can affect the outcome of your case.

• Colorado is a no-fault divorce state. You don’t have to prove wrongdoing to get divorced—only that the marriage is “irretrievably broken.” 

• Economic fault matters. If one spouse recklessly spends or hides marital funds, the court can choose to award the other spouse a greater portion of the estate if the accusing spouse can prove economic fault.

• 91-day rules for divorce. You or your spouse must live in Colorado for at least 91 days before you can file, and then wait a minimum of r 91 days until it’s finalized (though the process may take several months).

• Colorado is an equitable-distribution state. Marital assets and debts are divided fairly based on each spouse’s circumstances. This may result in a 50/50 split, but factors like economic waste and lopsided contributions can impact the division. 

• Domestic violence shapes divorce outcomes. Colorado family courts are required to make evidence-based findings that can restrict custody and parenting time and affect spousal support orders.  

• Fleeing abuse doesn’t carry penalties. A parent who leaves the marital home because of domestic violence isn’t penalized in the best interests of the child analysis, if the court finds the parent’s actions were taken to protect the minor child from suffering or witnessing abuse. 

Yes, and because Colorado is a no-fault divorce state, you don’t need to prove your spouse committed adultery, abused you, or is responsible for any other wrongdoing. Under C.R.S. 14-10-106, the court only needs to see that the marriage is “irretrievably broken.” 

To get divorced in Colorado, only one spouse needs to claim that the marriage cannot be saved. If one party disagrees, they can request a hearing on the issue, and the judge will consider evidence presented by both parties to decide whether to grant it. Judges may consider evidence of attempts to repair the relationship (i.e., marriage counseling), the length of time between filing and the hearing, and evidence that the objecting spouse may simply be seeking to delay the inevitable. Acknowledging that the marriage is over is different from agreeing on the terms of the split. You can agree that the marriage is irretrievably broken and still proceed with a contested divorce case. 

The difference lies in whether you and your spouse agree on the terms of your settlement, and that the marriage is irretrievably broken. In an uncontested divorce, you and your spouse agree on all major issues—property division, spousal maintenance, child support, and custody. This approach is often faster and less stressful, whereas in a contested divorce, you and your spouse are unable to agree on one or more key issues. In this instance, the court will intervene to make decisions on your behalf, which can lengthen the overall process.

It is very common for a divorce to begin as contested and then resolve as an uncontested divorce following mediation or other settlement negotiations. 

If you feel that your marriage is damaged beyond repair, you can file for divorce in Colorado. As you begin the filing process, keep the following rules and practicalities in mind:

1. Residency - You or your spouse has resided in Colorado for at least 91 days before filing. 

2. The right paperwork - The Colorado Judicial Branch website has all the forms needed to file, though we strongly recommend working with a divorce lawyer to avoid errors that cause unwanted delays.

3. Patience - Colorado has a mandatory “cooling-off period” of at least 91 days before a judge can grant the divorce. Except in very limited circumstances, the process regularly takes longer. 

Once your case is underway, much of the process focuses on dividing the marital estate, which includes your assets and debts. 

Learn More: Read our article on How to File for Divorce in Colorado: Everything You Need to Know. 

Colorado is an equitable division state. Once the marital property is valued, the court divides it fairly - not necessarily equally. Separate property normally remains with its original owner (though additional capital gains may be divisible). Despite Colorado being a no-fault divorce state, the state recognizes the concept of economic fault. In extreme cases, the court can adjust the distribution of the marital estate.  

Learn More: Read our article on how assets are divided in Colorado.

Economic fault, often called marital waste or asset dissipation, occurs when one spouse intentionally depletes marital assets while the couple’s marriage is falling apart. An example of wasting marital assets is taking money from a joint bank account and gambling it away. 

When material waste occurs, a judge may elect to shift more of the marital assets to the other spouse to make the divorce more equitable. To adjust the asset division, you must prove economic fault. 

It is important to note that the court is focused on helping both parties end the marriage and move on with their lives. The court will not and cannot right every wrong that occurred during the marriage. 

Nevertheless, when evaluating whether there has been economic misconduct or economic fault, a court may consider allegations of wrongful transactions, such as:

1. Inappropriate transfers of property to third parties (i.e., hiding an asset by transferring it to Mom or Dad right before filing for divorce);

2. Inappropriate spending (i.e., gambling, drug abuse, risky investments, involvement in financial scams, etc.);

3. Inappropriate use of debt (i.e., intentional failure to pay secured debt resulting in loss of an asset, or secret credit card debt); or

4. Inappropriate spending on third parties (i.e., buying a new girlfriend an expensive bracelet using marital funds, or spending marital funds on escorts).

These examples are not exclusive. Moreover, not every “wrongful” transfer or “excessive” expenditure will rise to the level of marital waste or asset dissipation. Even the examples on this list may not be economic waste, depending on the individual circumstances. 

In addition to documentary evidence, the court may consider the following as circumstantial evidence:

1. Timing of the expenditure or transfer;

2. Whether the action occurred “in contemplation of divorce;” see In re Marriage of Paulsen, 677 P.2d 1389 (Colo. App. 1984);

3. Credibility of the individual alleged to be at fault;

4. Whether the automatic injunctions were in place at the time of the action;

5. Communication between the Parties regarding the action;

6. Whether the action was deliberate or accidental; see In re Jorgenson, 143 P.3d 1169 (Colo. App. 2006) and

7. Opportunities of the wronged Party to prevent or mitigate the damage.

These cases are highly fact-specific. It is important to consider the amount of alleged waste when determining whether to pursue this issue. Cases involving allegations of waste are highly contentious, and proving the allegations may require the use of a financial expert or extensive formal discovery. Expenses can often outweigh the merits. While you may wish to pursue the issue anyway “on principle,” “principle” can become extremely costly. Should you wish to pursue an issue involving economic waste, we regularly handle cases involving significant discovery and forensic accountant evaluations, and are happy to help you with this issue. 

Tip: “Marital waste” is different from “economic abuse.” Both concepts involve financial considerations, but marital waste pertains to property division in divorce proceedings, whereas economic abuse is associated with domestic violence. The issues are often conflated, but are not the same. 

Learn More: Read our article on Understanding Marital Waste During Divorce. 

Abuse is another factor that affects the outcome of a “no-fault” divorce. In 2026, Colorado enacted the Abuse in Cases of Separation bill (HB26-1309), which significantly updated a number of statutes that govern how family courts define and treat domestic violence in divorce and custody matters. A history of abuse in your marriage—whether you experienced it or are being accused of it—can directly affect the outcome of your case.  

Historically, physical harm has been associated with domestic violence. However, Colorado law now recognizes that there are other aspects of domestic violence that are non-physical but just as damaging. In addition to physical assault and threats, domestic violence also includes:

• Property damage or threats

• Harming or threatening to harm an animal

• Stalking

• Sexual assault

• Coercive control

• Economic abuse

• Human trafficking

The law also clarifies that actions taken to protect oneself, a family member, other members of the house, or their property from harm or risk of harm posed by the other spouse are not considered domestic violence. Survivors who defend themselves or their children can be mischaracterized as the aggressor in domestic violence cases. Colorado law seeks to prevent that outcome.

A DV Finding Without a Criminal Court Verdict

The alleged abuser does not have to be convicted in a criminal court for the abuse statute to apply to a domestic matter. In a no-fault divorce case, an abuse finding is based on a preponderance of the evidence. In other words, the judge will make a finding of abuse if the evidence shows the allegations are more likely to be true than not. 

IMPORTANT: Criminal convictions and police reports are helpful evidence of domestic violence and coercive control. However, you are not required to involve the police to raise these issues in your divorce case. There are many reasons survivors may choose not to leave or call law enforcement immediately. There is no rule preventing you from reporting domestic violence or coercive control in a divorce case if you did not pursue criminal charges.

Mediation Isn’t Required

In Colorado, couples are typically required to attend mediation to try to reach a divorce settlement and child custody terms before going to court. However, courts may exempt DV victims from mediation requirements if there is a risk of further harm or intimidation during the mediation process, and if the survivor specifically requests a waiver. 

Asset Division and Alimony Can be Adjusted

While property division is generally conducted without regard to marital misconduct, the presence of DV may indirectly influence the court’s decisions if it affected the economic circumstances of the parties.

Colorado courts are now required to consider domestic violence when determining whether to award spousal support. This is particularly important if the raw numbers would suggest the abuser should be receiving spousal support from the survivor.

Prior to the recent updates in the law, domestic violence had no impact on spousal support. If the economic factors supported a guideline award of spousal support from one party to the other, a court did not have discretion to deny the support award solely on the basis that the payee spouse was a perpetrator of domestic violence against the payor spouse.

Limited Custody and Parenting Time

In divorces with children where there are allegations of domestic violence, a judge can place severe restrictions on custody and parenting time. A parent found to have committed domestic violence in family court can have their parenting time limited to supervised visits or none at all, and they may be excluded from participating in major decisions for the child. 

Recent changes to the law have been enacted to push judges and experts to have additional training on what domestic violence truly looks like and how it impacts families and children. These changes came on the heels of a number of disturbing incidents of violence in divorced or separating families, which better training, more education, and an overall improvement in recognizing abuse may have been able to help prevent. 

As noted in C.R.S 14-10-127.5 (originally enacted in 2023), “Since 2008, nearly eight hundred children have been murdered by a divorcing or separating parent, with more than one hundred murders occurring after a court ordered the child into contact with the alleged or known abusive parent despite objections from the parent who claimed child physical or sexual abuse.” 

A Colorado divorce is a fact-specific, financially consequential process, so you can benefit from attorney guidance even in a no-fault state. Our Family Law Team protects individuals from costly mistakes and unfair settlements by prioritizing: 

• Equitable division - Analyzing the marital estate to build the case for a fair split of assets and debts, including separate property, and with consideration of marital waste.

• Child safety laws - Applying Colorado’s domestic violence standards to safeguard parenting time, decision-making, and your children’s well-being. 

• Strategic resolution - Representing your interests across negotiation, mediation, and contested hearings to secure the best possible outcome.

Working with an experienced divorce attorney provides the best chance of a just outcome. Call 303-688-0944 or book a case assessment online with a member of my Family Law Team today.