19 min read
Divorce
How Long Does a Divorce Take in Colorado? The Real Timeline Nobody Tells You
"It'll be quick—just sign some papers and move on." That's what you heard from a friend who got divorced in Nevada. Maybe you read an article about states where divorce takes 30 days. So you're expecting to file paperwork in January and be done by Valentine's Day, right?
Here's the reality check: Colorado has mandatory waiting periods, required disclosures, and legal processes that make "quick" divorce nearly impossible, even when both spouses agree on everything.
The Myth That Keeps People Unprepared
Most people entering the divorce process in Colorado believe they can control the timeline entirely. They think cooperation equals speed, or that paying more for legal help accelerates the court system.
This assumption causes unnecessary frustration because it ignores Colorado's built-in delays and mandatory procedures that apply to every single divorce—no exceptions.
The Actual Minimum Timeline in Colorado
Colorado law mandates a 91-day waiting period before any divorce can be finalized. This countdown starts when the court acquires jurisdiction over your case, which happens when your spouse is served with divorce papers, when they voluntarily appear in the case, or when you file a joint petition together.
Even if you agree on absolutely everything—property, custody, support, all of it—the court cannot finalize your divorce until 91 days have passed.
This isn't bureaucratic inefficiency. Colorado Revised Statutes established this "cooling-off period" intentionally to prevent impulsive divorces and give couples time to reconcile or at least make thoughtful decisions about ending their marriage.
The law applies whether the parties agree that the marriage is over or not, and even if there are no unresolved issues.
Why 91 Days Is Almost Never the Reality
Here's what the 91-day minimum actually means: if you file on January 1st and everything goes perfectly—both spouses agree on every term, all paperwork is filed correctly, financial disclosures are completed promptly, and the judge has time to review and sign your decree—you might finalize your divorce by early April. That's the absolute best-case scenario, and it happens rarely.
Most divorces in Colorado take 6 to 12 months from filing to finalization. Contested divorces where major disagreements exist can stretch well beyond a year, sometimes lasting 18 months or longer. The 91-day minimum is just that: a minimum, not an average or typical timeline.
What Actually Determines How Long Your Divorce Takes
Several factors beyond the mandatory waiting period affect your divorce timeline. Some you can control through cooperation and preparation. Others depend entirely on the court system, your spouse's cooperation, and the complexity of your situation.
Contested Versus Uncontested Divorce
An uncontested divorce—where both parties agree on all terms of property division, child custody, support, and debt allocation—can be finalized relatively close to the 91-day minimum. These divorces move faster because there's no need for lengthy negotiations, mediation sessions, or court hearings to resolve disputes.
Contested divorces take significantly longer because disagreements require resolution through negotiation, mediation, or ultimately court hearings. Each area of dispute adds time to the process. If you disagree about property division, add several months. Throw in child custody disputes, and you're looking at additional evaluations, hearings, and possible trials.
The Complexity of Your Marital Assets
When there are numerous and complex assets to divide, it takes longer to reach a settlement. Simple divorces involve dividing a house, maybe one or two bank accounts, and determining who keeps which car.
Complex divorces involve businesses that need valuation, retirement accounts with complicated tax implications, investment portfolios, rental properties, stock options, and sometimes hidden assets that require investigation.
Each complex asset requires documentation, professional valuation, and careful negotiation about fair division. Business valuations alone can take months to complete. If you own real estate in multiple states, that adds complexity. If either spouse has concerns about hidden assets, the discovery process extends the timeline significantly.
Child Custody and Support Disagreements
Disputes over child custody and support can prolong the divorce timeline considerably. When parents can't agree on parenting time schedules, decision-making authority, or how to split parenting responsibilities, the court may order custody evaluations, appoint child and family investigators, or require parenting classes and mediation.
These processes take time. A custody evaluation might take 90 days to complete. Mediation sessions need to be scheduled around everyone's availability. Court hearings get added to already-crowded judicial calendars. What started as a 91-day minimum can quickly become a year-long process when children are involved and parents disagree.
Court Schedules and Availability
The caseload of Colorado family courts affects how quickly your divorce moves through the system. Busy county courts, judge unavailability, and internal court procedures for setting and conducting final hearings create delays beyond anyone's control.
Some Colorado judicial districts can schedule hearings within two to three months. Other districts don't have availability for permanent orders hearings for seven to nine months. This isn't about your case specifically—it's about how many cases the court is handling and how many judges are available. Your attorney can move things along efficiently, but they can't make judges appear when the court calendar is packed.
Level of Cooperation Between Spouses
The more you and your spouse can agree on, the faster the process typically goes. Couples who communicate reasonably, respond promptly to document requests, attend scheduled meetings, and work toward compromise move through the process faster than couples who fight over every detail.
IF your spouse refuses to provide financial documents THEN you'll need to file motions to compel discovery, adding months to the process.
IF you both agree to use mediation and compromise THEN you'll avoid lengthy court battles and finish closer to the minimum timeline.
IF either spouse uses delay tactics or refuses to cooperate THEN even simple issues become complicated and time-consuming.
IF you prioritize reaching agreement over "winning" every point THEN you'll finish your divorce faster and with lower legal fees.
The Step-by-Step Process and How Long Each Takes
Understanding what happens at each stage helps you set realistic expectations. Colorado's divorce process follows a structured timeline with mandatory steps that can't be skipped or rushed.
Step One: Meeting Residency Requirements (Before Filing)
Before you can even file for divorce in Colorado, at least one spouse must have lived in the state for 91 days. This is a separate 91-day requirement from the waiting period—you can't file unless someone meets the residency standard first.
If you have minor children, they must have lived in Colorado for at least 182 days (six months) before the court can make decisions about child custody and parenting time. If your children haven't been in Colorado long enough, the court can grant your divorce but cannot issue orders about custody.
Step Two: Filing the Petition (Day One)
The divorce officially begins when one spouse (the petitioner) or both spouses together (as co-petitioners) file a Petition for Dissolution of Marriage along with a Case Information Sheet at the district court in the county where either spouse lives. The filing fee is currently $230 in most Colorado counties.
Filing the paperwork takes a day, though preparing it properly might take longer if your situation is complex. Once filed, you've started the clock—but remember, the 91-day waiting period doesn't begin until your spouse is served.
Step Three: Serving Your Spouse (Within Days of Filing)
If you didn't file jointly, your spouse (the respondent) must be officially notified of the divorce through service of process. This can be done through a professional process server, sheriff's department, or anyone over 18 who isn't involved in your case.
Your spouse has 21 days to respond if they live in Colorado, or 35 days if they live out of state. If your spouse doesn't respond within the required timeframe, you may proceed with the divorce as uncontested. Service itself usually happens within a week of filing, though tracking down a spouse who's avoiding service can add significant time.
Step Four: Financial Disclosures (Due Within 42 Days)
Both spouses must provide complete financial disclosures within 42 days after service of the divorce petition or after filing a joint petition. This mandatory step requires listing all income, assets, debts, and expenses on specific Colorado forms: a Sworn Financial Statement and a Certificate of Compliance with Mandatory Disclosures.
These disclosures ensure transparency and help the court make fair decisions regarding property division, child support, and maintenance. You'll need to gather pay stubs, bank statements, tax returns, retirement account statements, credit card statements, and documentation of all debts. Most people need the full 42 days to complete this process accurately.
The financial disclosure requirement creates a natural pacing to divorce proceedings. You cannot negotiate property division intelligently until you know what exists to divide. This is one reason why divorces take months, not weeks.
Step Five: Negotiation, Mediation, or Court Hearings (Timeline Varies Widely)
After completing financial disclosures, couples either negotiate a settlement agreement covering all terms of the divorce, or they proceed to mediation and potentially court hearings to resolve disputes.
Negotiated settlements can happen relatively quickly if both spouses are cooperative—anywhere from a few weeks to a few months depending on complexity.
Mediation adds structured sessions where a neutral third party helps couples find mutually acceptable solutions. Mediation might take two to six sessions spread over several months, depending on how many issues need resolution and how far apart the spouses are initially.
Court hearings for temporary orders (interim arrangements while divorce is pending) and permanent orders (final arrangements) depend entirely on court availability. Temporary orders hearings might be scheduled within a month or two. Permanent orders hearings often get scheduled three to seven months out because of court calendar constraints.
Step Six: The 91-Day Waiting Period
While all these steps are happening, that mandatory 91-day waiting period is running in the background. The court cannot finalize your divorce until at least 91 days have passed since service or joint filing, regardless of how quickly you complete everything else.
This means even the smoothest, most cooperative uncontested divorce takes at least three months from the day the petition is filed and served. In practice, completing financial disclosures, negotiating agreements, and getting on the judge's calendar usually extends this to four to six months minimum for truly uncontested cases.
Step Seven: Final Decree (After Everything Is Complete)
Once you've reached agreement on all issues (or the judge has decided them after a hearing), completed all required paperwork, and the 91-day period has elapsed, the judge signs the Decree of Dissolution of Marriage. This makes your divorce legally final.
In uncontested cases where both parties agree on everything, you might not need to appear in court for a final hearing. You submit your agreements to the court, and the judge reviews and signs the decree remotely. If there are disputed issues, or if you have children and at least one party isn't represented by an attorney, a final hearing is usually required.
After a contested hearing, judges rarely issue decisions immediately. Judges typically take at least a month to issue written orders, and sometimes this extends to six months or longer if the case was particularly complex. You're waiting for the judge's decision during this period, unable to finalize anything until the ruling arrives.
Common Misconceptions That Set Wrong Expectations
False assumptions about divorce timelines cause frustration and poor planning. Understanding what's actually true helps you prepare for the real process instead of an imaginary one.
"We Agree on Everything, So It'll Be Done in a Month"
Even if you agree on every single issue, Colorado law requires the 91-day waiting period. There are no exceptions. You also must complete financial disclosures within 42 days, prepare a separation agreement, and get on the judge's calendar to sign your decree. The fastest possible uncontested divorce still takes about four months from filing to finalization.
"Hiring an Expensive Attorney Will Speed Things Up"
Great attorneys keep your case moving efficiently by filing paperwork promptly, meeting deadlines, and pushing for reasonable settlement. But they can't make the 91-day waiting period disappear, can't force judges to clear their calendars for your case, and can't make your spouse cooperate if they're determined to fight.
Quality legal representation prevents delays caused by mistakes, missed deadlines, or poor strategy. It doesn't eliminate the mandatory waiting periods or court scheduling constraints that apply to everyone.
"If My Spouse Contests the Divorce, I'm Stuck Married"
Colorado is a no-fault divorce state, meaning you don't need your spouse's permission or agreement to get divorced. If you file for divorce based on the grounds that the marriage is irretrievably broken, the court can grant the divorce even if your spouse wants to stay married.
What your spouse can contest are the terms of the divorce: property division, custody arrangements, support obligations. They can't prevent the divorce itself from happening, though they can significantly extend how long it takes to finalize by fighting over terms.
"Once the 91 Days Pass, It's Automatically Final"
The 91-day period is the minimum required waiting time before the court can finalize your divorce. It's not an automatic finalization. You still need to complete all required steps, reach agreements or get court rulings on disputed issues, and have a judge sign the final decree. The 91 days might pass while you're still in mediation or waiting for a hearing date.
"Mediation Is Optional If We're Both Willing to Negotiate"
While mediation isn't mandatory in all Colorado counties, many judges strongly encourage or require it in contested cases before scheduling trials. Even if not required, mediation is often the fastest and least expensive path to resolution. It's worth viewing mediation as a valuable tool rather than an obstacle.
How to Avoid Making Your Divorce Take Longer
While you can't eliminate Colorado's mandatory waiting periods and required procedures, you can avoid adding unnecessary delays to your timeline. Strategic choices early in the process make a significant difference in how long everything takes.
Gather Your Financial Documents Immediately
Start collecting financial documents as soon as you're seriously considering divorce, before you even file. Having everything ready when the 42-day disclosure deadline hits means you can complete that requirement quickly and move to the next phase.
Documents you'll need include tax returns for the past three to five years, recent pay stubs, bank and investment account statements, retirement account statements, mortgage and loan documents, credit card statements, property deeds and titles, and business financial statements if applicable. Having these organized from the start saves enormous time later.
Respond to Requests Promptly
When your attorney asks for information or documents, provide them immediately. When opposing counsel sends discovery requests, meet the deadlines. When the court orders you to do something, comply right away. Every delay you create adds to how long the process takes.
Attorneys can't move your case forward when they're waiting for you to provide information. Judges don't look favorably on parties who ignore deadlines. Simple responsiveness keeps things moving at the fastest pace possible.
Consider Mediation Even If Not Required
Mediation resolves disputes faster and cheaper than court battles. A good mediator helps couples find common ground and creative solutions that work for both parties. Even if you're convinced you and your spouse can't agree on anything, experienced mediators often facilitate agreements that seemed impossible.
Mediation also gives you control over outcomes rather than leaving decisions to a judge who doesn't know your family. This control and the speed of resolution make mediation worth trying before resorting to contested hearings.
Keep Communication Focused on Resolution
Every interaction with your spouse about the divorce should move toward resolution, not rehash the past or assign blame. Colorado is a no-fault state, so proving your spouse did something wrong doesn't help your case. Focus on fair division of assets, reasonable custody arrangements, and moving forward.
Couples who can maintain business-like communication about divorce terms finish faster than couples who let emotions drive every conversation into conflict. This doesn't mean suppressing your feelings—process those with a therapist, friends, or family. It means keeping divorce negotiations focused on practical issues.
Work With an Experienced Colorado Divorce Attorney
Not every family law attorney understands how to move cases efficiently through the Colorado court system. Experienced attorneys know which judges require what procedures, how to present cases effectively, and how to avoid common delays that inexperienced lawyers cause.
An attorney familiar with your specific county's procedures and judicial preferences can navigate the system efficiently. They know realistic timelines for your jurisdiction, can help you avoid delays, and will keep your case moving toward resolution at the fastest reasonable pace.
What Actually Happens After the 91-Day Minimum
For many people, the hardest part psychologically is understanding that the 91-day waiting period is just the beginning. Even after that minimum passes, several steps often remain before your divorce is truly final.
Completing Negotiations or Hearings
If you haven't reached full agreement on all terms by the time 91 days pass, negotiations continue. You might still be in mediation, or waiting for a scheduled court hearing. The waiting period passing doesn't pressure either party to suddenly agree—it simply means the divorce can be finalized once agreements are reached or the judge rules.
Waiting for Judge's Decision After Hearings
If your case required a permanent orders hearing where the judge heard testimony and reviewed evidence, you'll wait for the judge's written decision. This can take a month in simple cases, or up to six months in complex ones. You cannot finalize anything until this decision arrives.
Finalizing Paperwork and Getting the Decree Signed
Once all agreements are in place or the judge has ruled on contested issues, final paperwork must be prepared and submitted to the court. The judge reviews everything and signs the Decree of Dissolution of Marriage. In busy courts, this final administrative step can take several weeks.
Some counties allow you to request a decree without appearing for a final hearing if your divorce is truly uncontested. Other counties require at least one brief hearing where the judge confirms you understand the agreement and finds it fair. Know your county's specific procedures.
The Reality for Different Types of Cases
Every divorce is unique, but certain patterns emerge based on case complexity and cooperation levels. Understanding typical timelines for situations similar to yours helps set realistic expectations.
Simple Uncontested Divorce (4-6 Months)
When both spouses agree on all terms, have minimal assets and no children (or complete agreement on parenting), the divorce can be finalized fairly close to the minimum timeline. These cases still need the 91-day waiting period, financial disclosures, preparation of a separation agreement, and filing the final decree. Expect four to six months from filing to finalization even in the best circumstances.
Moderate Complexity with Some Disagreements (6-12 Months)
When couples have some assets to divide, children requiring parenting plans, and can reach agreements through negotiation or mediation, most divorces take six months to a year. This includes time for financial disclosures, several rounds of negotiation or mediation sessions, and getting on the court calendar for any required hearings.
High Conflict or Complex Assets (12-24 Months)
Divorces involving significant assets, business valuations, child custody disputes, or highly uncooperative spouses often take a year to two years. These cases require expert witnesses, extensive discovery, multiple hearings, and possibly a trial. The court calendar becomes the limiting factor—you might agree to a hearing date nine months out simply because that's the first availability.
Cases Requiring Expert Evaluations (Add 3-6 Months)
If your case needs child custody evaluators, business appraisers, forensic accountants, or other expert witnesses, add several months to whatever timeline you expected. These professionals have their own schedules, and their evaluations take time to complete. Factor in three to six additional months when experts are necessary.
Why Understanding the Timeline Reduces Stress
One of the most helpful things you can do for yourself during divorce is set realistic expectations about how long the process takes. When you expect to be divorced in 60 days and you're still in the middle of financial disclosures and negotiations six months later, frustration compounds your stress.
Understanding that six to twelve months is normal for most divorces helps you plan appropriately. You can make temporary living arrangements knowing they might last a year. You can budget for legal fees across many months instead of trying to find everything upfront. You can explain to children that this process takes time, but there's an end in sight.
The mandatory 91-day waiting period isn't arbitrary bureaucracy—it's the legislature's recognition that ending a marriage deserves thoughtful consideration and time to make good decisions. Fighting against that timeline causes frustration. Accepting it as a built-in feature of Colorado law helps you use those months productively to reach fair agreements.
The Bottom Line on Colorado Divorce Timelines
So how long does a divorce take in Colorado? The legal minimum is 91 days, but the realistic answer for most cases is six to twelve months, with complex or highly contested divorces taking even longer. The timeline depends on whether your case is contested, how complex your assets are, whether children are involved, how cooperative both spouses are, and what the court calendar looks like in your county.
Why This Knowledge Helps You
Understanding the real timeline for divorce in Colorado means you won't make poor decisions based on false assumptions. You won't quit your job thinking you'll have a settlement in 30 days. You won't commit to major purchases before understanding your financial situation post-divorce. You won't promise children that everything will be resolved by summer if you're filing in spring.
Realistic expectations also help you choose the right attorney. If someone promises to have you divorced in 60 days, they're either lying or don't understand Colorado law. Attorneys who explain the actual timeline, including mandatory waiting periods and typical delays, are giving you honest information you can use to plan.
How Reputation Law Group Makes the Process Smoother
At Reputation Law Group, we understand that every month your divorce remains unfinalized feels like an eternity. While we can't eliminate Colorado's mandatory 91-day waiting period or make judges magically available, we can ensure your case moves as efficiently as possible through every required step.
Our experienced Colorado family law attorneys know how to prepare complete, accurate paperwork the first time to avoid delays from mistakes. We understand local court procedures in your county and know which judges require what processes. We push for reasonable settlements while protecting your interests, helping you avoid lengthy litigation when possible. And we communicate clearly about realistic timelines for your specific situation so you can plan accordingly.
If you're facing divorce in Colorado and want honest answers about how long your case will take, contact Reputation Law Group today. We'll evaluate your specific circumstances, explain the realistic timeline for your situation, and develop a strategic approach that resolves your divorce as efficiently as possible while protecting your rights. Your future is waiting—let's get there as smoothly as the law allows.
