Colorado Filing for Divorce

Filing for divorce is not just a personal decision; it’s a major legal undertaking that impacts your family, finances, and future. In Colorado, the process is clearly outlined in the state’s statutes, but it still involves paperwork, court procedures, and critical timelines that must be followed precisely. Whether you’re facing a contested separation or a mutual agreement, understanding the rules, required forms, and possible legal outcomes is key to navigating the dissolution process smoothly.

Legal Requirements to File for Divorce in Colorado

To begin the divorce process in Colorado, one spouse must have lived in the state for at least 91 days before filing the petition. This residency rule applies whether the petitioner is seeking a dissolution of marriage or a legal separation.

If the divorce involves minor children, the children must have resided in Colorado for at least six consecutive months prior to the filing or since birth if under six months for the court to make parenting orders. This falls under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which governs interstate custody disputes and jurisdiction.

Grounds for Divorce: Irretrievable Breakdown

Colorado is a “no-fault” divorce state, meaning neither party has to prove wrongdoing like adultery or abuse. The only legal ground necessary is the declaration that the marriage has suffered an irretrievable breakdown, in simpler terms, that reconciliation is not possible.

This approach avoids the need for messy blame games and focuses on resolving practical issues like asset division, parenting responsibilities, and financial support.

Where to File for Divorce in Colorado

Divorce filings in Colorado must be submitted to the District Court in the county where either spouse resides. Each District Court has a Domestic Relations division, which handles divorce, legal separation, annulment, parenting time, child support, and maintenance.

To find your local court, visit the Colorado Judicial Branch’s official website.

Step-by-Step Process to File for Divorce in Colorado

Step 1: Complete the Required Divorce Forms

The Colorado Judicial Branch provides official divorce forms, tailored for:

• Divorces with children
• Divorces without children
• Joint and individual filings

Here are the most commonly used forms:

These forms are available for free download on the Divorce Forms page of the Colorado Courts website.

Step 2: File the Petition and Pay the Filing Fee

Once the forms are completed, submit them to the appropriate District Court. The filing fee is $230.

If you're unable to afford the fee, you may apply for a fee waiver using Form JDF 205 (Motion to File Without Payment and Supporting Financial Affidavit).

Filing the petition begins the official divorce case and starts the 91-day waiting period required before a final decree can be entered.

Step 3: Serve the Other Spouse (If Filing Alone)

If only one spouse initiates the filing, the other spouse must be formally served with the divorce papers, which include the petition and summons.

Service methods include:

• Personal delivery by a process server or sheriff
• Service by mail with return receipt
• Acceptance of service using Form JDF 1104 (if the other spouse cooperates)

Failure to properly serve the other party can delay the divorce or result in the petition being dismissed.

Step 4: Wait Out the 91-Day Statutory Period

Colorado law requires that at least 91 days must pass from the date of filing and service before the court can finalize the divorce.

This waiting period provides time for:

• Review of financial disclosures
• Negotiation of agreements
• Temporary orders for child support, custody, or spousal maintenance, if needed

Even in uncontested divorces, this period cannot be waived.

Step 5: Exchange Mandatory Financial Disclosures

Colorado law requires full financial transparency during divorce proceedings. Within 42 days of service, both spouses must complete and exchange:

• Sworn Financial Statement (JDF 1111)
• Income documentation (pay stubs, benefits)
• Tax returns (last 2 years)
• Debt obligations
• Bank statements
• Retirement account details
• Real estate holdings
• Business valuations, if applicable

Failure to disclose assets or income can result in court penalties or an unequal division of marital property.

Step 6: Mediation or Parenting Class (If Required)

In cases involving minor children, the court may require:

• Attendance at a parenting education class approved by the court
• Participation in mediation to resolve disputes about parenting time and decision-making

Some counties require mediation in all contested cases, not just those involving children.

Step 7: Attend Court Hearings or Request a Decree Without Appearance

If the divorce is uncontested meaning both spouses agree on all terms the court may issue the final divorce decree without a formal hearing, using the Affidavit for Decree Without Appearance (JDF 1201).

If disputes remain unresolved, the court will schedule a Permanent Orders Hearing, where each party can present evidence and arguments. The judge will issue rulings on:

• Parenting time and decision-making
• Spousal and child support
• Division of property and debts

Step 8: Receive the Final Decree of Dissolution

Once the judge approves the final agreements or enters orders after a hearing, they will sign the Decree of Dissolution of Marriage. This document:

• Legally ends the marriage
• Establishes new legal statuses for the parties
• Finalizes custody, support, and property division

This decree is legally binding, and both parties must comply with its terms.

After the Divorce Is Final

After the final decree, either party may request a modification to:

• Child support
• Parenting time
• Spousal maintenance

However, property division is final and cannot be changed unless fraud or a legal error occurred during the initial proceedings.

Name Change

If either spouse wants to restore a former last name, this request can be made in the divorce petition or in a formal response. No separate fee is charged if the request is filed within 60 days of the decree.

Special Considerations in Colorado Divorce

Federal law provides additional protections for active-duty military members under the Servicemembers Civil Relief Act (SCRA). This can delay proceedings or prevent default judgments if the military spouse is deployed or otherwise unavailable.

Relocation with Children

If a parent wants to relocate with children after divorce, Colorado law (C.R.S. § 14-10-129) requires:

• Advance written notice to the other parent
• Disclosure of the reason for relocation
• A hearing, if the other parent objects

The court will weigh factors like the best interests of the child, parental relationships, and educational opportunities before allowing a move.

Divorce for High-Asset Couples

For couples with significant financial holdings, the process may involve:

• Business or real estate valuations
• Forensic accounting
• Asset tracing
• Separate property claims

Legal advice is strongly recommended in such cases to avoid unfair division or hidden assets.

Common Questions About Colorado Divorce Filing

Can We File for Divorce Together?

Yes, Colorado allows joint filings if both spouses agree. This reduces costs and speeds up the process, provided all required forms are submitted and both parties attend necessary proceedings.

Do I Need a Lawyer?

You are not required to hire a lawyer, but legal representation is advisable if:

• There are disputes about custody or finances
• One party owns a business or significant assets
• Domestic violence is involved
• You are unsure about your rights or legal obligations

Is Legal Separation Different?

Yes. A legal separation allows couples to live apart and resolve property, custody, and support issues without dissolving the marriage. Some choose this for religious reasons or to retain military or tax benefits.

Filing for Divorce in Colorado Doesn’t Have to Be Overwhelming

While the process of divorce can feel daunting, Colorado’s legal system offers clear procedures, helpful resources, and accessible forms to guide individuals through each step. Whether you’re filing jointly or alone, with or without children, understanding the legal framework and preparing carefully will help ensure your divorce proceeds as smoothly and fairly as possible.

For official court forms and instructions, visit the Colorado Judicial Branch Divorce & Separation page.