Colorado law requires a minimum 91-day waiting period before a court can finalize a divorce. While some may view this as a frustrating delay, this timeframe is a standard part of the process that allows for handling the necessary legal steps to dissolve a marriage.
The start of the 91-day clock
The 91-day waiting period clock does not begin when you decide to separate. Instead, it starts only after someone officially files a divorce case with the court and one of the following events occurs:
- A process server serves the other spouse with the divorce petition
- Both spouses file a joint petition together
- The other spouse formally enters an appearance in the case
These actions initiate the waiting period. However, this 91-day waiting period is distinct from Colorado’s residency requirement. To file for divorce in Colorado, at least one spouse must have been domiciled in the state for the 91 days immediately before filing the case, as required by Colorado law. These two separate 91-day periods address different legal requirements.
Why this waiting period exists
The state legislature created this mandatory waiting period to serve as a “cooling-off” period. The intention is to give couples a final chance to reconsider their decision and prevent hasty choices they might later regret. Because state law sets this period, a judge cannot shorten or waive it, even if both spouses agree they want a faster resolution.
Beyond its cooling-off purpose, this waiting time is also a period for significant legal work. While the clock is running, you and your spouse must address all the issues necessary for the final divorce decree.
Important tasks to complete during this time
The 91-day period is the ideal time to gather information, negotiate terms and prepare all necessary paperwork for the court. Productively using this time contributes to a smoother process. Important steps often include:
- Exchanging Financials: Both parties must provide complete financial disclosures, detailing all assets, debts, income and expenses.
- Creating a Parenting Plan: If you have children, you must agree on a plan that covers custody, decision-making and parenting time.
- Dividing Property: You will need to negotiate the division of marital property, from real estate and bank accounts to retirement funds and personal belongings.
- Attending Mediation: Most Colorado courts require couples to attend mediation to try and resolve disagreements with the help of a neutral third party.
To assist with these requirements, many official court forms and instructions are available on the Colorado Judicial Branch website. Completing these tasks effectively moves your case toward a conclusion.
Setting realistic timeline expectations
Because of the required tasks, most divorces take longer than the 91-day minimum. For instance, an uncontested divorce, where both parties agree on all terms, may take between three and six months to finalize. Should you and your soon-to-be ex-spouse contest critical terms like child custody or property division, the proceedings could take much longer. The 91-day rule simply sets the earliest possible date the court can grant a divorce.
Making the most of the waiting period
Thinking of the 91-day requirement as a preparation phase, rather than merely a waiting game, can change your perspective. This period provides the necessary time to build a clear and fair foundation for your future.
While handling the detailed financial and parental negotiations during this time can be a challenge, guidance from a qualified divorce lawyer can help you meet all requirements correctly and on time. A well-prepared case allows you to move forward with greater clarity once the waiting period ends.