Colorado’s Divorce Waiting Period

October 14, 2025

Divorce

Divorces in Colorado can take longer than you may expect due to the mandatory waiting period. Most divorcing couples just want to be finished as soon as possible. To determine what you can expect for the timeline of your divorce, you can speak with a Broomfield divorce lawyer with Danielsen Westhoff, PC.

The Waiting Period for a Colorado Divorce

Many states require a waiting period before a divorce can be finalized. For some, this may look like a mandatory period of legal separation, while others simply require you to wait a period of time to proceed with the divorce once you file paperwork.

Many people think that Colorado’s allowance of no-fault divorce means you can get it done quickly as long as everyone agrees. However, the state still requires couples to wait 91 days for the divorce decree to be issued. This is true even if you and your soon-to-be ex agree to all terms of the divorce.

Filing as Co-Petitioners

If you and your spouse file together and sign the same petition, then your waiting period begins as soon as the documents are filed with the court.

Filing as Petitioner and Respondent

If a single party files, they are known as the petitioner and are responsible for notifying the other party, known as the respondent. In this situation, the waiting period will start at the time of service to the respondent or when they sign a waiver of service.

The Benefits of a Divorce Waiting Period

If you’re in a hurry to finalize your divorce and get it over with, you may be rushed and unprepared. However, when you know you have a waiting period from filing to decree, it allows you to take time to prepare.

Prepare Your Case

Colorado’s waiting period gives you time to make arrangements that allow you to adequately prepare for the divorce proceedings. This may mean hiring an attorney, gathering important documents, or taking the time for a thorough negotiation with your soon-to-be ex.

Evaluating Your Children’s Needs

If you have children in the picture, this time may also allow you to feel like you can slow down during the transition, making it easier on the kids. When you take time to live separately, you have the ability to evaluate your child’s needs and arrange custody and visitation accordingly.

Other Considerations in Your Divorce Timeline

The mandatory waiting period means that you cannot get divorced any sooner than the 92nd day after both parties are aware of the divorce through the service process or as a co-petitioner. However, other factors that may impact the duration of your divorce proceedings include:

The divorce process can be emotionally draining and stressful, and it can be difficult to find the balance between fighting for a fair breakdown of assets and holding up the process out of spite or emotion. Working with an experienced family law attorney in Broomfield can help you protect your interests in the divorce while helping you keep a level head for making decisions.