Colorado Divorce Laws and Free Settlement Agreement Form

Colorado Divorce Laws for a Settlement Agreement

Colorado divorce laws let spouses settle their divorce terms in a written separation agreement, and this FormsPal template is built for that kind of agreement. Section 14-10-112 of the Colorado Revised Statutes says the agreement may contain provisions on:

• Maintenance (support paid from one spouse to the other) for either of them
• The disposition of any property owned by either of them
• The allocation of parental responsibilities, support, and parenting time of their children^[1.1]

Court Review of the Agreement

In a divorce or legal separation case, the court is bound by the agreement's terms unless it finds the agreement unconscionable. Unconscionable means so unfair that a court should not enforce it. The court decides that after considering the economic circumstances of the parties and any other relevant evidence they produce.^[1.1]

The binding rule does not reach terms on parental responsibilities, support, and parenting time of children.^[1.1]

Agreement Terms in the Divorce Decree

The decree is the court's final order ending the marriage. Three rules govern what happens to the agreement's terms in it:

• Unless the agreement says otherwise, its terms are set forth in the decree, and the parties are ordered to perform them. If the agreement says its terms stay out of the decree, the decree must identify the agreement and state that the court found the terms not unconscionable.^[1.1]
• Terms set forth in the decree can be enforced by all remedies available for the enforcement of a judgment, including contempt. They are no longer enforceable as contract terms.^[1.1]
• If the agreement says so, the decree may expressly preclude or limit modification of its terms. This does not apply to terms concerning the support, the allocation of decision-making responsibility, or parenting time of children.^[1.1]

Property Division

The court sets apart to each spouse his or her own property. It then divides the marital property, without regard to marital misconduct, in such proportions as the court deems just after considering all relevant factors.^[1.2]

For this purpose, "marital property" means all property acquired by either spouse subsequent to the marriage, except for the categories the statute lists. All property acquired after the marriage and before a decree of legal separation is presumed to be marital property. That holds regardless of whether title is held individually or by the spouses in some form of coownership. The statute names joint tenancy, tenancy in common, tenancy by the entirety, and community property.^[1.2]

Property is valued as of the date of the decree, or as of the date of the hearing on disposition of property if that hearing comes before the decree.^[1.2]

Public Employee Retirement Benefits

Dividing a public employee retirement benefit follows its own rules. Three apply:

• A court has no jurisdiction to enter an order dividing the benefit except upon written agreement of the parties.^[1.2]
• The parties must submit that written agreement to the plan administrator within ninety days after entry of the decree and the permanent orders regarding property distribution.^[1.2] Our deadline calculator can count those ninety days.
• After the court approves the agreement, it has no jurisdiction to modify the order unless the parties have agreed in writing to the modification.^[1.2]

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Filing for Divorce in Colorado

The divorce process in Colorado moves from settling terms with your spouse to filing with the court and following the court's procedure until your marriage ends. The steps below are general practice, not a statement of Colorado law, so ask the court clerk which forms and procedures apply to your case before you file.

1. Settle the terms with your spouse. Talk through property, maintenance, and any arrangements for your children, and write them down.
2. Create your document. Use the form on this page to build your settlement paperwork online, then print it and read it together.
3. Sign it. Both spouses sign where the form provides signature lines.
4. File with the court. Take the signed document and your divorce paperwork to your local court, and ask the clerk which forms apply to the divorce process in your county.
5. Let your spouse respond. In practice, the other spouse responds by agreeing or by objecting, and couples who agree on everything often handle this step together.
6. Attend any hearing. The court may set a hearing before it ends the marriage, so ask the clerk whether both of you should come.
7. Update your records. If you plan to return to a former name after the divorce, ask the clerk what the court needs, then update your ID and other records.

When only one spouse starts a Colorado divorce case, Section 14-10-107 of the Colorado Revised Statutes requires the other spouse to be personally served under the Colorado rules of civil procedure.^[2.1] If you and your spouse file the petition jointly, the Colorado Judicial Branch divorce guide says you can skip the step of notifying your spouse.^[3.1]

Information to Gather First

Gathering your information first makes the divorce process smoother, because the form asks about both spouses, your marriage, your property, and any children. Collect the items below, and agree with your spouse on who keeps what. This list is a practical checklist, not a legal requirement.

• Full names, addresses, and the date of your marriage
• The property each spouse owns, such as bank accounts, vehicles, and real estate
• The debts each spouse owes, such as credit cards and loans
• Retirement accounts, including any public employee retirement benefit
• The names and birth dates of your children, and the parenting arrangements you have discussed
• Income details, if the two of you plan to agree on maintenance

Keep a copy of every page you sign, and store the copies where both spouses can reach them.

Frequently Asked Questions

Spouses who draft their own divorce settlement agreement in Colorado often ask how much room the court has to change it. The answer comes from Section 14-10-112 of the Colorado Revised Statutes, which covers separation agreements in divorce and legal separation cases.

What standard does a court in Colorado apply when reviewing a divorce settlement agreement?

A Colorado court is bound by the agreement's terms unless it finds the agreement unconscionable. It decides that after considering the economic circumstances of the parties and any other relevant evidence they produce. The binding rule does not cover terms on parental responsibilities, support, and parenting time of children.^[1.1]

Other Colorado Forms
Take a look at some other Colorado forms completed by FormsPal users. Try our simple creator to customize these documents to your preferences.

Colorado Last Will Colorado Living Will Colorado Small Estate Affidavit Colorado Bill of Sale Colorado Power of Attorney Colorado Rental Lease Agreement Colorado Eviction Notice Colorado Promissory Note Colorado Non-compete Agreement Colorado Prenuptial Agreement Colorado LLC Operating Agreement

General information, not legal or tax advice.

Sources

1. Colo. Rev. Stat. §§ 14-10-112 to 14-10-113.
   • 1.1 § 14-10-112
   • 1.2 § 14-10-113
2. Colo. Rev. Stat. § 14-10-107.
   • 2.1 § 14-10-107(4)(a)
3. Colorado Judicial Branch, Divorce or Legal Separation.
   • 3.1 Step 2, Notify Your Spouse

Mara Erlach

Writer & Attorney

Mara has been practicing estate planning and trust law in California since 2003, taking pride in helping clients of all backgrounds and asset profiles form a complete and customized estate plan. Her specialties are: estate planning, wills and trusts, trust and probate administration.