How Do You File for Divorce in Colorado If You Have Kids and a House?

A question we often hear is: “I want to file for divorce in Colorado, with children and a jointly owned home. What does that look like—what are residency rules, how do they divide property, who keeps the house, what about custody?”

Divorce Basics in Colorado

• Residency requirement

  • One spouse must have lived in Colorado for at least 91 days before filing.

  • If children are involved, they must have lived in Colorado for at least 182 days.

• Grounds

  • Colorado is a no-fault state: divorce is granted when the marriage is irretrievably broken.

• Where to file

  • File in the District Court of the county where either spouse resides, such as Denver, Boulder, Colorado Springs, or Aurora.

• Process overview

  • Petition → service → disclosures → parenting plan and property division → mediation or trial → decree.

Do You Need a Lawyer to Get a Divorce in Colorado?

• Not required, but recommended when children and property are involved.

• How a lawyer or mediator helps

  • Ensuring accurate filings and timelines.

  • Valuing and dividing property and retirement.

  • Crafting parenting plans and custody agreements.

  • Handling trial preparation if necessary.

How Much Does It Cost to Get a Divorce in Colorado?

• Court filing and service fees.

• Attorney or mediator fees.

• Home appraisals and financial expert costs.

• Custody evaluations if disputes arise.

What About the House & Property Division for Divorce in Colorado?

• Colorado uses equitable distribution.

• Marital property includes assets acquired during marriage.

• Separate property includes premarital property, gifts, and inheritances not commingled.

• Factors considered

  • Length of the marriage.

  • Contributions of each spouse financially and as homemaker.

  • Custodial arrangements for children.

  • Economic circumstances and future needs.

  • Value of separate property.

• House outcomes: sale and split, buy-out by one spouse, or offset with other assets.

Custody, Parenting Time & Child Support for Divorce in Colorado

• Custody is based on the best interests of the child.

• Parenting plans are required, with details about decision-making and schedules.

• Child support follows Colorado guidelines, considering incomes, parenting time, and needs.

• Temporary orders are often issued during proceedings.

Things You Must Know About Getting Divorced in Colorado!

• Name on the deed does not control ownership if the home was acquired during marriage.

• Children must meet the 182-day residency requirement for custody jurisdiction.

• Expenses paid on the home during separation may influence division.

• Courts weigh tax consequences, debts, and retirement savings.

• Full financial disclosure is required, even in uncontested cases.

A Gentle Reminder About Divorce in Colorado

This post is for educational purposes only and is not legal advice. Divorce law differs across Colorado counties, from Denver to Boulder to Colorado Springs.

At Fresh Starts, you can search our Expert Guide by state to find Colorado attorneys, mediators, and custody experts who can help you protect your kids and your home.