Colorado’s Mandatory Ninety-one Day Waiting Period

123Colorado Revised Statutes, section 14-10-106, requires a 91-day waiting period prior to any court in Colorado entering a Decree of Dissolution of Marriage or Legal Separation after the court “acquires jurisdiction” of the case.  That means that after a divorce case is filed and served on the other party, the court must wait 91 days prior to granting the divorce, regardless of how much both parties agree that the marriage is over and even if they have agreed on all the issues in the case.  This 91 day waiting period is to keep married people from getting divorced too quickly, before they have had a chance to reconcile and exhausted their chances to keep the marriage intact.  Therefore, a marriage can be saved, even after the divorce papers are filed.

If you are in the process of a divorce and want to try and reconcile the marriage, it is important to notify the court of your request.  The court has the ability to hold your divorce case in abeyance as long as both sides agree to try and reconcile the marriage.  If you are having trouble deciding whether to reconcile your marriage, a marriage counselor may be able to assist you.  As a family law mediator, I may be able to assist you in finding a marriage counselor or other professional to help your family deal with this complex process.

4 thoughts on “Colorado’s Mandatory Ninety-one Day Waiting Period

  1. By the time I was able to get my ex-husband to leave my apartment, I wanted nothing more than to be rid of him legally so he could stop stealing from me. I hate laws like these, but this was an informative post.

    1. Thank you for the comment. In Colorado, a person in your situation can request a temporary or interim order for the exclusive use of the residence, or to separate property temporarily. This can occur regardless of whether the 91 days have passed. Although sometimes it takes a while to get in front of the judge for this kind of issue…

      1. Yeah, I’m in Oklahoma and got my divorce in just a couple of days through a paralegal. I just tend to prefer the delay in getting married to the delay in getting divorced.

        1. In Colorado, most cases from what I see go beyond the 91 days, usually because it takes longer than that for the parties to either agree to settle everything, or to just jump through all the hoops necessary to do so. In my experience, it is the exception rather than the rule that the parties have everything done and filed prior to the 91st day, and are just counting the days until the divorce is ordered.

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