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Facing Divorce, Custody or a Protection Order in Colorado? Get Straight Answers Before You Sign Anything.

The papers, the deadlines, the fear of losing time with your kids or your share of the house — in Colorado it moves on its own clock, and the child-support math just changed for 2026. Before you sign a separation agreement, before the 91-day waiting period runs against you, or before you agree to a support number off an outdated calculator, talk it through. Call 1-844-690-0555 for a free, 24/7 conversation with an AI assistant trained on Colorado's Uniform Dissolution of Marriage Act and the federal law that overlaps it. No income test, no web form, no judgment — in plain English or Spanish. It's legal information, not legal advice, and creates no attorney-client relationship.

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Family Law in Colorado — what to do right now

Right now, do three things. First, do not sign any separation agreement or parenting plan until you understand what you're giving up — in Colorado, once a district court approves these they are hard to undo. Second, if you fear for your safety, you can ask any district or county court for an emergency (ex parte) temporary civil protection order today under C.R.S. § 13-14-104.5, and the court must set the hearing on a permanent order within 14 days. Third, write down the date you (or your spouse) became domiciled in Colorado, and whether your kids have lived here 182 days — those dates control whether you can file and whether a Colorado court can decide custody yet. Then call 1-844-690-0555, free and 24/7, and we'll walk you through your specific next step.


The law in Colorado: Family Law

Colorado divorce runs entirely through the district court — county courts have no jurisdiction over domestic relations, so a divorce, allocation of parental responsibilities, child support, or maintenance case is always filed in your judicial district's domestic-relations division (in Denver, the consolidated Denver District Court at 1437 Bannock St.). The controlling statute, C.R.S. § 14-10-106, makes Colorado a pure no-fault state: the only ground is that the marriage is 'irretrievably broken,' and one spouse swearing to that is enough even if the other disagrees. There is no separate 'fault' track to litigate, and — as you'll see — fault does not move the financial numbers either.

Property is divided under C.R.S. § 14-10-113, the equitable-distribution statute — and this is where people who moved from California or Texas get blindsided. Colorado is NOT a community-property state. The court divides marital property 'in such proportions as the court deems just,' without regard to marital misconduct, so adultery earns no extra share of the house. Crucially, the increase in value of separate property during the marriage is itself marital and divisible: if you walked in owning a home or a business, the appreciation in its value over the marriage can be split. Spousal maintenance under § 14-10-114 starts from an advisory formula — for parties with combined annual adjusted gross income of $240,000 or less, the guideline figure is 40% of the higher earner's monthly adjusted gross income minus 50% of the lower earner's — with duration scaling from about 11 months for a 3-year marriage up to open-ended past 20 years, and a domestic-violence factor added effective August 6, 2025 by SB25-116.

Children are handled under C.R.S. § 14-10-124, but Colorado abolished the words 'custody' and 'visitation' back in 1998. The legal term is the 'allocation of parental responsibilities' (APR) — decision-making plus parenting time — decided on a set of best-interest factors, with a stated policy favoring frequent and continuing contact with both parents absent safety concerns. Child support under § 14-10-115 uses the Income Shares Model, and it was overhauled by HB25-1159 effective March 1, 2026: the schedule now extends up to $40,000 combined monthly adjusted gross income, a self-support reserve protects a low-earning parent's basic needs, and — importantly — the old 93-overnight 'cliff' is gone, replaced by a continuous parenting-time credit where every overnight, from the very first, reduces the obligation proportionally.

Enforcement and safety run on their own machinery. Support and maintenance route through the Family Support Registry (§ 26-13-114) and are collected by Colorado Child Support Services through income withholding (§ 14-14-111.5) — once an income-withholding order is served, the employer must begin withholding promptly and remit each payment within 7 business days, and an employer that fails to withhold is liable for the amounts it should have taken out. Civil protection orders are governed by C.R.S. § 13-14-104.5: a court can issue an ex parte temporary order the same day, then must hold the hearing on a permanent order within 14 days, and any order based on an act of domestic violence involving the use, attempted use, or threat of physical force triggers mandatory relinquishment of firearms and ammunition for the duration. Common-law marriage is real here too — under In re Marriage of Hogsett & Neale (Colo. 2021), a couple who never had a ceremony can still be fully married, and would still need a full district-court divorce to split property. Sorting which of these apply to you is exactly what the free call is for: legal information, not legal advice.

Key Colorado Statutes

  • C.R.S. § 14-10-106 — Dissolution; sole ground 'irretrievably broken'; 91-day domicile to file + 91-day waiting period before decree
  • C.R.S. § 14-10-113 — Equitable distribution of marital property (no community property; appreciation of separate property is marital)
  • C.R.S. § 14-10-114 — Spousal maintenance advisory guideline + statutory factors (DV factor added Aug 6, 2025 by SB25-116)
  • C.R.S. § 14-10-115 — Child support, Income Shares Model (overhauled by HB25-1159, eff. March 1, 2026)
  • C.R.S. § 14-10-124 — Allocation of parental responsibilities; best-interest factors ('custody'/'visitation' abolished 1998)
  • C.R.S. § 13-14-104.5 — Temporary (ex parte) civil protection order procedure; hearing on permanent order within 14 days

Courts & Agencies

  • Colorado district court, domestic-relations division — ALL divorce, APR/custody, support, maintenance, property (county courts have no domestic-relations jurisdiction)
  • District or county court — civil protection orders (a domestic-relations case, once filed, consolidates the protection-order matter into district court)
  • Colorado Child Support Services (under the CO Dept. of Human Services) — establishes, modifies, and enforces support
  • Family Support Registry (§ 26-13-114) — the state clearinghouse all support and maintenance payments route through
  • District-court magistrates — hear much of the routine domestic-relations and protection-order docket

Penalties & Deadlines

  • 91 days domiciled in Colorado before you can file + a separate 91-day waiting period before a decree can enter (cannot be waived or shortened)
  • 182-day (6-month) home-state rule for child-custody (UCCJEA) jurisdiction over the kids
  • 14 days — the deadline for the hearing on a permanent protection order after an ex parte temporary order issues
  • Income withholding remitted within 7 business days of each pay date; employer that fails to withhold is liable for the missed amounts
  • Child-support contempt (JDF 1141, $47 filing fee) — up to 180 days jail per violation, plus license suspension, tax-refund intercept, and passport denial

The Colorado Curveball: You May Already Be Married — and You'll Need a Real Divorce to Leave

Colorado is one of only a handful of states that still fully recognizes common-law marriage. There's no license, no ceremony, no paperwork — under In re Marriage of Hogsett & Neale (Colo. 2021), if you and your partner mutually agreed to be married and then acted like it, a court can find you legally married for every purpose. The shock lands at the end: you can only separate through a formal divorce in district court under C.R.S. Title 14, with the same equitable-distribution and maintenance rules as any marriage — and the appreciation on what you brought in may be on the table. People discover this during a breakup, a death, or a benefits fight, at the worst possible moment. If you're not sure where you stand, call 1-844-690-0555 first — free, and it's legal information, not legal advice.


Likely outcomes & penalties

Every Colorado case turns on its own facts and its own judge, but here's the realistic range of what's actually on the table so you're not negotiating blind.
Property division
Equitable, not automatically equal. Colorado courts often land near 50/50 of the marital estate but can deviate by tens of thousands based on each spouse's contributions (including as a homemaker), economic circumstances, and keeping the family home with the children's primary parent. Fault is irrelevant, and the appreciation on separate property can be marital.
Spousal maintenance
For marriages of 3+ years where combined annual adjusted gross income is $240,000 or less, the advisory guideline is 40% of the higher earner's monthly adjusted gross income minus 50% of the lower earner's. Duration runs from about 11 months (3-year marriage) toward open-ended (20+ years). It's advisory — a judge can deviate with written findings.
Child support (2026 rules)
A presumptive amount off the new HB25-1159 Income Shares schedule (now reaching $40,000 combined monthly adjusted gross income), with a self-support reserve protecting a low-earning parent. The old 93-overnight cliff is gone — the parenting-time credit now scales from the very first overnight.
Protection-order violation
Violating a civil protection order is a separate criminal offense, and an order based on domestic violence involving force or its threat forces relinquishment of all firearms and ammunition for its duration. Support enforcement can escalate to driver's-license suspension, tax-refund intercept, passport denial, liens, and up to 180 days jail for contempt.

Mistakes to avoid

⚠️
Assuming Colorado splits everything 50/50 like California or Texas — it doesn't. Colorado divides marital property 'as the court deems just,' and the appreciation on the house or business you brought into the marriage can be marital and divisible, which catches people who thought their separate property was untouchable.
⚠️
Filing too early. At least one spouse must be domiciled in Colorado for 91 days before filing, and if kids are involved they generally must have lived here 182 days for a Colorado court to decide custody — file before those clocks run and your case can be dismissed or your custody orders thrown out.
⚠️
Using last year's child-support calculator. HB25-1159 changed the math statewide as of March 1, 2026 — extended schedule, a self-support reserve, and a continuous parenting-time credit that replaced the old 93-overnight cliff. Anyone with a pending or modifiable order needs to re-run the number under the new rules.
⚠️
Trying to use the other spouse's affair against them in the financial split. Colorado divides property and sets maintenance 'without regard to marital misconduct' — fault simply doesn't move money, and arguing it burns leverage you could spend elsewhere.
⚠️
Walking away from a protection-order hearing, or signing a parenting plan you don't understand. The permanent-order hearing happens within 14 days of an ex parte temporary order, and once a district court approves a separation agreement or APR order it's hard to undo — get it checked before, not after.

How it works

1
Call 1-844-690-0555 — free, 24/7. One free call, any hour, no income test and no web form. Tell us what's happening — divorce, APR/custody, support, or a protection order — in plain English or Spanish.
2
Talk to an AI assistant trained on Colorado + federal law. It knows the Colorado Uniform Dissolution of Marriage Act — the 91-day clocks, equitable distribution, APR, the 2026 HB25-1159 child-support changes — and explains your situation and options clearly. This is legal information, not legal advice, and creates no attorney-client relationship.
3
Get matched with a Colorado family law attorney if you want one. If your matter needs a lawyer, we can help you arrange a paid consultation with a Colorado-licensed family law attorney. That's a separate paid step you choose — no pressure, and no obligation from the free call.

Free & low-cost Family Law help in Colorado

If money is tight, Colorado has real, free help for family-law matters — divorce, custody, support, and domestic violence. These are independent organizations, not Legal Hotline, and many have income limits. Start here, and call us anytime to figure out where you fit.

Statewide nonprofit providing free civil legal aid to low-income Coloradans and people 60+, including divorce, allocation of parental responsibilities, child support, and domestic violence. Income generally at or below 125% of the federal poverty level (higher for some case types). Main line 303-837-1313.
The official statewide JDF forms for divorce, APR/custody, and protection orders, in-courthouse Self-Help Centers, the 'Find a Court' locator, and plain-language instructions for people without a lawyer.
The state agency that establishes, modifies, and enforces child support and runs the Family Support Registry — the place to start if your ex won't pay or you need an order updated under the 2026 HB25-1159 rules.
Colorado nonprofit law firm providing free legal services to crime and domestic-violence victims across all judicial districts — protection orders and related family-law help — and home of the Legal Information Network of Colorado (LINC).
Free legal support for domestic-violence and sexual-assault survivors in the El Paso and Teller County area, including civil protection orders and related family-law matters.
Statewide coalition that connects you to local domestic-violence programs and advocates near you — useful when you need safety planning alongside a protection order or a divorce.
The official Judicial Branch legal-help portal: a county-by-county directory of local legal-aid providers, court forms, and step-by-step self-help guides for family-law matters.

FAQ — Family Law in Colorado

How long does it take to get divorced in Colorado?

There's a hard floor: a Colorado divorce decree cannot enter until at least 91 days after the court has jurisdiction over your spouse — counted from service, a signed waiver of service, or the filing of a joint petition. That 91-day waiting period can't be waived or shortened, and contested cases over property or kids take much longer. To map your specific timeline and the steps in between, call 1-844-690-0555 — it's free and available 24/7.

Is Colorado a 50/50 divorce state?

No. Colorado is an equitable-distribution state under C.R.S. § 14-10-113, meaning the court divides marital property 'as it deems just' — often near 50/50, but not automatically. And the increase in value of property you owned before the marriage can itself be marital and divisible. If you brought a house or business in, this matters a lot; call 1-844-690-0555 free and we'll explain how it could apply to you.

Do I have to live in Colorado before I can file for divorce?

Yes. At least one spouse must be domiciled in Colorado for 91 days before filing under C.R.S. § 14-10-106 — and 'domiciled' means more than just living here; it means intent to make Colorado home, shown by things like a Colorado driver's license, voter registration, or state tax return. If kids are involved, they generally need to have lived here 182 days for a Colorado court to take custody jurisdiction. Not sure your dates qualify? Call 1-844-690-0555, free, 24/7, before you file.

Does it matter who cheated when we divide our property?

Legally, no. Colorado divides property and sets maintenance 'without regard to marital misconduct,' so an affair doesn't earn your spouse a smaller share or you a larger one. It can feel deeply unfair, but the financial outcome turns on income, contributions, and need — not blame. To understand what will actually move your numbers, call 1-844-690-0555 for free legal information, not legal advice.

How is child support calculated in Colorado in 2026?

Colorado uses the Income Shares Model under C.R.S. § 14-10-115, and HB25-1159 changed the math statewide as of March 1, 2026 — the schedule now reaches $40,000 combined monthly adjusted gross income, there's a self-support reserve protecting a low-earning parent, and the parenting-time credit now counts from the first overnight (the old 93-overnight cliff is gone). Older online calculators are out of date. Call 1-844-690-0555 free to get the current picture.

Colorado doesn't say 'custody' anymore — what do I actually ask for?

Right. Since 1998 Colorado calls it the 'allocation of parental responsibilities' (APR) under § 14-10-124 — that's decision-making authority plus parenting time, decided on best-interest factors, with a policy favoring continuing contact with both parents unless there's a safety concern. The vocabulary trips people up on the forms. Call 1-844-690-0555, free and 24/7, and we'll translate it into plain English for your situation.

How do I get an emergency protection order in Colorado?

You can go to any district or county court and request an ex parte temporary civil protection order under C.R.S. § 13-14-104.5 — the court can issue it the same day if it finds an imminent danger. It must then set the hearing on a permanent order within 14 days, and an order based on domestic violence involving force or its threat requires the other person to relinquish firearms and ammunition. For help understanding the process and the hearing, call 1-844-690-0555, free, any hour.

We never had a wedding — are we married under common law in Colorado?

Possibly. Colorado still recognizes common-law marriage; under In re Marriage of Hogsett & Neale (Colo. 2021), if you mutually agreed to be married and then held yourselves out that way, a court can find you legally married with no license or ceremony — and you'd need a formal district-court divorce to separate and divide property. It's one of Colorado's biggest surprises. Call 1-844-690-0555 free to talk through where you stand; it's legal information, not legal advice.

My ex won't pay child support — what can I do in Colorado?

Colorado has real teeth. Through Colorado Child Support Services and the Family Support Registry, support is collected by income withholding — once an order is served, the employer withholds and remits within 7 business days, and an employer that fails to withhold is liable for the missed amounts. Unpaid support can lead to driver's-license suspension, tax-refund intercept, passport denial, liens, and a contempt citation (JDF 1141, $47 fee) carrying up to 180 days jail per violation. To find the fastest route for your case, call 1-844-690-0555, free and 24/7.

Can I get spousal maintenance, and how much?

Maybe. For marriages of three or more years where combined annual adjusted gross income is $240,000 or less, Colorado's advisory guideline under § 14-10-114 is 40% of the higher earner's monthly adjusted gross income minus 50% of the lower earner's, with duration scaling from about 11 months up toward open-ended for long marriages. It's advisory, so a judge can deviate with written findings, and a domestic-violence factor added in 2025 (SB25-116) now applies. Call 1-844-690-0555 free for a clear read on your situation.

Is the appreciation on my house or business at risk in a Colorado divorce?

It can be. Under C.R.S. § 14-10-113, property you owned before the marriage stays your separate property — but the increase in its value during the marriage is treated as marital property and can be divided. So the home or business you 'brought in' may be safe as to its original value while its growth is on the table. This single rule catches more Coloradans off guard than any other; call 1-844-690-0555 free and we'll explain how it could hit your situation.

Does Colorado handle immigration issues in my family law case?

No — immigration is federal, decided by USCIS and the immigration courts (EOIR), not by a Colorado state court. A Colorado divorce, custody, or protection-order case can still affect an immigration matter (for example, a protection order or a marriage-based petition), but a state judge can't grant or change immigration status. We can give you free legal information on how the two interact and where to turn for the federal side. Call 1-844-690-0555, free, 24/7.


Colorado Family Law Attorneys: Join Our Referral Network

Are you a Colorado-licensed family law attorney? We send divorce, APR/custody, support, and protection-order clients to vetted local counsel across Denver, Colorado Springs, Aurora, Boulder, Fort Collins, and the wider Front Range. If you'd like to receive matched referrals from callers whose situations have already been triaged, get in touch about joining the network. This is for attorneys only — if you need legal help, please call the free line above instead.

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Reviewed by the Legal Hotline Editorial Team.

General legal information, not legal advice. We research every page from primary sources — legislation, the courts, and government legal-aid bodies — and check it for accuracy. Spotted something out of date? Tell us at admin@platfirm.ai.

Don't Sign, File, or Settle in Colorado Until You've Made One Free Call

The 91-day clock, the 2026 HB25-1159 child-support rules, equitable distribution of separate-property appreciation, a 14-day protection-order hearing — in Colorado a single missed deadline or a number off an old calculator can cost you your home, your money, or time with your kids. Before any of that, get free, clear answers. Call 1-844-690-0555 now — 24/7, no income test, no web form, in plain English or Spanish. It's legal information, not legal advice, and creates no attorney-client relationship, but it's the fastest way to know your next move and reach a Colorado attorney if you need one.

Free legal information. Not legal advice.

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