If you’re considering a divorce in Colorado, the 91-day waiting period may seem confusing or even frustrating. Most people quickly discover that this isn’t just paperwork—it’s a mandatory part of the legal process that can greatly influence the timing and flow of your case. Whether you want to finalize quickly or need time to negotiate, understanding how this timeline works is critical. Knowing exactly when the clock starts, what you can do during this period, and how it affects important decisions can help you plan ahead, minimize stress, and protect your interests every step of the way.
What Is the 91-Day Waiting Period in Colorado Divorce & Why Is It Required?
The 91-day waiting period in Colorado divorce is a mandatory timeframe set by state law. Under Colorado Revised Statutes Section 14-10-106(1)(a)(III), a court cannot grant a divorce until at least 91 days have passed from the date the petition was filed and served upon the other party. This rule applies to every divorce case statewide, whether the spouses file jointly or one spouse serves the other. Colorado lawmakers established this waiting period to ensure that both individuals have sufficient time to consider their options, negotiate agreements, and work through the emotional and logistical transitions a divorce brings.
Compared to other states, Colorado’s waiting period is relatively moderate—some states require only thirty days, while others demand six months or more. The state settled on 91 days to strike a balance between protecting families from rushed decisions and avoiding unnecessarily drawn-out proceedings. This period not only fosters thoughtful decision-making, but also provides time to work out vital details like child custody, property division, and support agreements.
While it might feel like a frustrating delay, this waiting period is taken seriously by Colorado courts. Even when spouses have lived separately for an extended time, the law mandates this 91-day gap as a minimum. It’s intended as a safeguard for all parties involved, encouraging reflection, negotiation, and planning for the next phase. Fully understanding how this period operates ensures that you avoid unnecessary surprises and utilize the time as strategically as possible.
When Does the 91-Day Divorce Waiting Period Start in Colorado & Who Must Be Served?
Many people incorrectly assume the 91-day waiting period in Colorado divorce starts when they file their petition, but the specifics are crucial. If you and your spouse file jointly, the 91-day clock starts on the date you submit your petition at the courthouse. However, if only one spouse files, the waiting period does not begin until the other person is officially “served” with divorce papers. Service of process is a formal legal requirement that ensures both spouses are aware of the case and have an opportunity to respond or participate.
Serving your spouse is not just a formality. It can involve a process server, the local sheriff, or delivering paperwork by mail if your spouse agrees in writing to accept service. In situations where spouses live out of state or have lost touch, Colorado courts may allow service by publication, but this method requires specific permission and more steps. The court cannot—and will not—start the waiting period until legal service is confirmed in their records, regardless of informal notice or verbal agreement between the parties.
If both spouses are cooperative, they can sign a joint petition or a waiver of service, which streamlines the timeline by triggering the 91-day waiting period immediately. If your spouse is difficult to locate or intentionally evades service, the process can be significantly delayed. Always verify with your attorney or the court clerk that service is properly documented and accepted by the court. This careful approach will prevent avoidable setbacks and keep your case on track.
Can a Colorado Divorce Be Finalized Before the 91-Day Waiting Period Ends?
Many people hope to resolve their divorce as quickly as possible—but in Colorado, the law clearly forbids courts from issuing a divorce decree before the 91-day waiting period has elapsed. No matter how amicable you and your spouse are, or how urgent your situation feels, the statute is firm: the mandatory waiting period cannot be waived or shortened for standard divorce cases. This legal safeguard ensures all parties have ample time to consider their rights, review agreements, and avoid rushed or regrettable choices.
There is no loophole or workaround for this timeline. If you and your spouse immediately reach agreement on every aspect of your divorce—from asset division to child custody—you still must wait until the 91st day after service (or joint filing) before the court will grant your dissolution. Judges are bound to follow this rule, and any attempt to cut the process short will only result in a denied petition or postponed rulings.
The only rare exceptions to this rule involve unique legal actions—such as annulments or some fraud cases—which are not standard divorce proceedings. If another attorney, mediator, or online service claims they can expedite your divorce in Colorado below the statutory minimum, proceed with caution: such claims are inaccurate. Instead, use your waiting period thoughtfully to negotiate, obtain temporary orders, or prepare for your post-divorce future so you’re ready to finalize as soon as it’s legally possible.
What Happens During the 91-Day Divorce Waiting Period in Colorado?
The 91-day waiting period isn’t simply idle time before a Colorado divorce can be finalized. In reality, this is when crucial steps in the divorce process take place, including negotiations over parenting, division of property, and financial support. Most couples will use this period to exchange required financial disclosures, build settlement agreements, and—if necessary—request temporary orders for immediate issues surrounding custody, support, or use of the family home.
Courts may schedule status conferences or mediation sessions during this time to keep your case progressing. Deadlines for document submissions and responses also often fall within the 91-day period, so attending to these promptly is essential. If urgent situations arise—such as disputes over parenting or financial hardship—either spouse may ask the court to issue temporary orders, providing clarity and structure until the divorce is final.
This period can be emotionally intense, especially as you juggle legal responsibilities with the personal impacts of separating. If you face ongoing conflict, it’s wise to bring in professionals like family law attorneys, mediators, or divorce financial analysts. Taking proactive steps now—rather than waiting passively—usually leads to a smoother transition and positions both parties for better outcomes as soon as your divorce can be formally granted.
How Does the 91-Day Waiting Period Impact Contested & Uncontested Divorces in Colorado?
The 91-day waiting period affects contested and uncontested divorces differently. In uncontested cases, where both spouses agree on all terms, the main impact is usually the emotional wait—and the court-imposed delay in issuing a final decree. Many couples finalize all agreements early in the process but must still wait for the 91-day requirement before the court will approve and sign the final order. This is a good opportunity to review agreements carefully and confirm that nothing has been missed or overlooked before the judge makes their decision.
In contrast, contested divorces often extend well beyond the 91-day minimum. The waiting period is simply the earliest point at which a divorce can be finalized—not a guaranteed endpoint. Disputes over child custody, support, or property division can add months of negotiation, discovery, court hearings, and even trial to the timeline. It’s not uncommon for cases with complex disagreements to last six months to a year, or longer, if parties are unable to reach resolution.
Whether your divorce is amicable or contentious, you should use the 91-day period to your advantage. For uncontested divorces, the wait allows you to prepare and polish agreements, ensuring a smooth finalization. For contested cases, this time is best spent gathering financial records, clarifying your priorities, and exploring potential settlements so you’re well-prepared for court proceedings if needed.
What If My Spouse & I Reconcile or Change Our Minds During the Waiting Period?
It's not uncommon for spouses to reconsider divorce during Colorado's 91-day waiting period. If you and your spouse decide to reconcile, you can dismiss your divorce case at any time before the final decree is entered. This process typically requires filing a notice of dismissal with the court—signed by both parties if the petition was filed jointly, or by the petitioner alone in a single-filing scenario. Colorado law doesn't penalize you for withdrawing your case, and there are no limits on re-filing later if necessary.
If only one spouse wants to stop the process and the other insists on moving forward, the case will usually proceed. Colorado is a "no-fault" divorce state, meaning divorce can be granted even if only one party believes the marriage is irretrievably broken. In these situations, you may request a temporary stay or extension of deadlines from the judge, but approval is at the court’s discretion and is not guaranteed.
Reconciling is often an emotional and complex decision, especially when children or finances are involved. If you’re on the fence—or if circumstances rapidly change—it can be valuable to meet with a family counselor or an attorney who can help you understand your legal situation and next steps. Remember that, should you withdraw your divorce now but later change your mind, you will need to start the process over, including a new 91-day waiting period.
How Is the 91-Day Waiting Period Calculated for Out-of-State & Military Spouses?
When divorce involves spouses living in different states or with one spouse serving in the military, the 91-day waiting period requires careful calculation. The countdown begins only after legal service of the divorce papers to the non-filing spouse, regardless of where they reside. Serving someone outside Colorado may require hiring a process server in their area, following special notice rules, or obtaining court approval for alternative service like publication if the location is unknown.
For active-duty military spouses, the federal Servicemembers Civil Relief Act (SCRA) provides certain protections that can delay court proceedings if military service interferes with participation. However, these delays are intended to assist with due process—they do not reduce or eliminate the 91-day waiting period in Colorado. If the non-filing spouse is able and willing to accept service and participate, the process is much smoother. Signing a waiver of service or jointly filing the petition can help you start the clock immediately.
It’s easy to make mistakes in service when dealing with interstate or military cases, and these errors can set back your timeline significantly. Always confirm service with the court and, if needed, consult with a Colorado family law attorney to ensure you have fulfilled all procedural requirements. This step prevents avoidable setbacks and ensures your 91-day waiting period is recognized properly by the court.
Can the 91-Day Waiting Period in Colorado Divorce Ever Be Shortened or Waived?
Despite common misconceptions, the 91-day waiting period in Colorado divorce cannot be waived, expedited, or bypassed in standard family law cases. State law sets this waiting period to ensure fairness and ample decision-making time for both spouses, regardless of circumstances or agreement between the parties. Online services and individuals claiming they can offer a "fast divorce" below the legal minimum should be regarded with caution, as these filings will not be accepted by the court.
There are narrow exceptions to the waiting period—but only in specific legal actions like annulment (where a marriage is declared invalid for a qualifying reason) or cases involving fraud. These situations are unusual and involve requirements that most divorcing couples will not meet. Otherwise, all standard divorces in Colorado must observe the 91-day minimum by law.
Rather than trying to rush the waiting period, focus on preparing all required documentation, financial disclosures, and agreements early. Couples who use these 91 days to address outstanding issues often finalize divorce promptly when the period is over, achieving peace of mind and clearer outcomes without added delay.
How to Make the Most of Colorado’s 91-Day Divorce Waiting Period
While you can't avoid the 91-day waiting period, you can use it to set the foundation for a smoother transition. Consider taking these practical steps during this time:
- Gather all necessary financial records—bank statements, loan documents, tax returns, retirement accounts, and any other relevant paperwork.
- Work on a proposed parenting plan if children are involved, detailing schedules, transportation, and communication protocols.
- If needed, pursue temporary orders for child support, spousal maintenance, or exclusive use of the marital home to address urgent needs right away.
- Engage in settlement talks to resolve as many issues as possible before the final hearing, possibly with the help of a mediator or legal counsel.
- Take care of your mental health—seek support from counselors, support groups, or a trusted friend to navigate the emotional side of divorce.
These proactive steps not only keep your case on schedule but also empower you with more control over your future. The more you accomplish during the waiting period, the less uncertainty and last-minute conflict you’ll face as your divorce is finalized.
What Mistakes Should I Avoid During the 91-Day Waiting Period?
Mistakes during Colorado’s 91-day waiting period can cause frustration, delay, or even legal setbacks. Some of the most common missteps include:
- Miscalculating the start of the waiting period, often by confusing the date of service with the date of filing. Always check with the court clerk for the official date on record.
- Waiting idly for the period to end instead of actively working on settlement agreements, collecting financial disclosures, and preparing for required court steps.
- Making significant financial moves (such as selling property or transferring assets) or parenting changes before receiving a court order can lead to disputes or legal challenges down the line.
To avoid these mistakes, stay organized and communicate regularly with your attorney or family law advisor. Make every effort to document agreements in writing and obtain court approval for any changes in living arrangements, finances, or parenting schedules until the final decree is entered.
How Does the Waiting Period Influence Asset Division, Child Custody, & Support?
The 91-day waiting period affects when—but not how—Colorado courts will resolve issues like division of assets, child custody, and child support. During the waiting period, both parties are required to complete detailed financial disclosures, and the court may issue temporary orders to address matters of urgent need. However, final orders on the division of property or parenting responsibilities are not entered by the court until after the waiting period ends.
Most couples and attorneys use this timeframe to draft proposed agreements and hammer out the details through negotiation or mediation. Temporary arrangements related to support and parenting time help keep daily life stable for families while permanent terms are assessed. If the parties reach a comprehensive agreement, it can be reviewed and approved by the judge for quick entry once the waiting period expires. For more contested situations, the 91-day period provides a chance to prepare evidence and clarify your legal and financial positions before court hearings or trial.
Understanding how the waiting period intersects with these vital matters allows you to manage expectations and take decisive action where needed. Being proactive on disclosures, parenting plans, and settlement ensures a more seamless path toward your final decree.
Where to Find Guidance & Support During Colorado’s Divorce Waiting Period
The 91-day waiting period can feel overwhelming, especially if it’s your first experience with Colorado family law. A dedicated legal team can help you navigate requirements, protect your rights, and minimize avoidable mistakes. At Denver Family Lawyers, the team provides guidance through each phase of the process—ensuring no deadlines are missed and your interests are prioritized during this crucial period.
For more information and practical tools, the Colorado Judicial Branch provides family law forms, instructional guides, and answers to frequently asked questions. Local nonprofits, legal clinics, and online resources can offer additional support for your situation, whether you are in the Denver or Colorado Springs metro areas or elsewhere in the state. It’s also valuable to consult financial advisors or mental health professionals who have experience working with families undergoing divorce, as this transition affects far more than just legal status.
If you have questions about how the 91-day waiting period applies to your Colorado divorce, or if you’re unsure about your options during this time, consider reaching out to Denver Family Lawyers at (303) 225-3343. With thoughtful planning and trusted legal advice, you can move forward with greater confidence and clarity through every stage of your divorce process.