Family Law Laws in Colorado

Family Law Law in Colorado: Overview

Colorado family law is governed by the Colorado Uniform Dissolution of Marriage Act, found in Colorado Revised Statutes Title 14, Article 10. Colorado is a purely no-fault divorce state, permitting dissolution only on the ground that the marriage is irretrievably broken. The state follows equitable distribution for property division and uses the term "parental responsibilities" rather than custody. Colorado has detailed statutory guidelines for both child support and spousal maintenance (alimony), with maintenance guidelines providing advisory formulas based on the parties' incomes and the duration of the marriage. The state requires a 91-day residency period before filing and imposes a 91-day waiting period before the court can enter a decree of dissolution. Colorado has been at the forefront of family law reform, particularly in its approach to parenting time and maintenance calculations.

Key Statutes & Deadlines

Parental Responsibilities Instead of Custody

Colorado uses the term "allocation of parental responsibilities" rather than "custody." This terminology reflects the state's philosophy that both parents should remain actively involved in their children's lives. Parental responsibilities encompass both decision-making responsibility (analogous to legal custody) and parenting time (analogous to physical custody). Under C.R.S. § 14-10-124, the court considers the child's wishes (if mature enough), the interaction between the child and each parent, the child's adjustment to home, school, and community, the mental and physical health of all individuals, each parent's ability to encourage a relationship with the other parent, and any history of domestic violence or child abuse.

Spousal Maintenance Guidelines

Colorado has statutory advisory maintenance guidelines under C.R.S. § 14-10-114 that apply when the parties' combined adjusted gross income does not exceed $240,000 annually. The advisory amount is calculated as 40% of the higher earner's monthly adjusted gross income minus 50% of the lower earner's monthly adjusted gross income, with the total not exceeding 40% of the parties' combined monthly adjusted gross income. The advisory duration depends on the length of the marriage, with guidelines providing a range of months based on the number of months of marriage. Courts may deviate from these advisory guidelines based on factors including the financial resources of each party, the lifestyle during the marriage, and the distribution of marital property.

Equitable Property Division

Colorado divides marital property equitably, which means fairly but not necessarily equally. The court considers factors including each spouse's contribution to the acquisition of marital property, the value of each spouse's separate property, the economic circumstances of each spouse, and any increase or decrease in the value of separate property during the marriage. Colorado also recognizes the concept of marital waste, where one spouse has dissipated marital assets. The court does not consider marital misconduct such as adultery in dividing property. The date of decree, not the date of separation, typically determines when marital property accumulation ends in Colorado.

Colorado Court System

Family law cases in Colorado are heard in the District Courts, which are the state's trial courts of general jurisdiction. Colorado has 22 judicial districts, and each District Court handles dissolution of marriage, allocation of parental responsibilities, child support, and related matters. Many districts have specialized domestic relations divisions with judges who focus on family law. Colorado requires parties in contested parenting cases to attend mediation before trial, and the state also utilizes child and family investigators (CFIs) or parental responsibilities evaluators (PREs) to assist the court in custody disputes. Appeals from District Court family law decisions go to the Colorado Court of Appeals and may be further reviewed by the Colorado Supreme Court.

Damages & Penalties

Colorado divides marital property equitably, considering statutory factors but not marital misconduct. Spousal maintenance follows advisory guidelines for combined incomes under $240,000, with the amount calculated as 40% of the higher earner's income minus 50% of the lower earner's income. Duration is tied to the length of the marriage. Child support in Colorado is calculated using the income shares model, considering both parents' adjusted gross incomes, parenting time, health insurance costs, extraordinary medical expenses, and work-related childcare costs. The minimum child support obligation is $50 per month. For high-income cases (combined income over $30,000 per month), the court has discretion to set support amounts. Failure to pay child support can result in wage garnishment, tax refund intercepts, license suspension, contempt of court, and liens on property. Colorado also allows for interest on past-due support at the statutory rate. Modification of maintenance and child support requires a showing of changed circumstances that are substantial and continuing.

Recent Legislative Changes

Colorado has updated its maintenance guidelines to adjust the income cap and duration formulas. The state has also enhanced its child support guidelines, improved access to family court services for self-represented litigants, and expanded the use of remote hearings for family law proceedings.

Frequently Asked Questions