How to File for Divorce in Colorado

Deciding to divorce is difficult, but going through the actual process can be even harder. Even if you’ve prepared yourself for the financial and emotional toll, initiating divorce proceedings can bring about another set of stressors.

Getting started doesn’t need to be the hard part. That’s why I’ve outlined how to file for divorce in Colorado in this article.

The Basics of Colorado Divorce

There are three basic requirements for getting divorced in Colorado. These requirements ensure the court has proper jurisdiction and the divorcing couple has had enough time to reflect on their decision. 

You and your spouse must meet the following requirements to initiate divorce proceedings in Colorado:

1. Residency: You or your spouse must have lived in Colorado for at least 91 days before filing in family court. If you share children, they must have lived in Colorado for at least 182 days. C.R.S. 14-10-106 ; C.R.S. 14-13-201

2. Jurisdiction: At least 91 days must have passed since the court acquired jurisdiction over the person responding to the divorce, which can occur through proper service of process, a waiver of service, or the respondent’s voluntary appearance in court.

3. Grounds: Colorado is a no-fault state, meaning you don’t have to prove wrongdoing to get a divorce. Instead, you must show that the marriage is irretrievably broken. 

Note: The 91-day residency and 91-day jurisdiction requirements can run concurrently depending on your circumstances. 

While Colorado divorce laws are relatively straightforward, complications can arise if the responding spouse lives out of state and cannot be served. Complications can also arise if the spouses have minor children who live out of state. Under these circumstances, the court can grant a divorce, but it may not have jurisdiction to issue orders about: 

• Marital assets and debts

• Parenting plans

• Alimony or child support

Types of Divorce in Colorado

Colorado legally recognizes three types of divorce: 

1. Contested divorce: The most common type, a contested divorce, involves parties that cannot agree on one or more issues, like child custody, spousal support, or asset division. Contested divorces require the most time and money and benefit from having a family law attorney to offer guidance. 

2. Uncontested divorce: Parties can file for an uncontested divorce when they mutually agree on all marital issues. This type of divorce is less common but can be processed faster and cost less.

3. Default divorce: When one spouse doesn’t respond to the court after being properly served, it becomes a default divorce. Subject to some exceptions, the petitioner will often receive what they request from the court, from asset division to child custody. 

Warning: Many individuals who self-represent themselves in an uncontested divorce often have to go to court to change some aspect of their divorce settlement that proves unfavorable for them. Parenting time and spousal support modifications are often far more expensive and time-consuming than hiring an attorney for a divorce. 

The next section goes over the procedural steps for how to file for divorce in Colorado. 

How to File for Divorce in Colorado

Every dissolution of marriage begins with filing divorce papers. Colorado makes the forms for divorce and legal separation available to petitioners looking to get a jumpstart on the process. These are not the only papers you’ll need – a skilled family law attorney can help procure the rest.

Step 1: Prepare the Correct Legal Forms 

You must prepare the proper legal forms to file for divorce in Colorado. Couples with minor children have different forms to complete. You and your spouse can file the forms separately or jointly and even submit them online. There is a filing fee.

For an uncontested divorce, you and your spouse will file the petition jointly as "petitioner" and "co-petitioner." 

If yours will be a contested divorce, then, as petitioner, you need a Summons, and the respondent must complete the Response.

Step 2: File and Serve the Divorce Papers

The process of filing divorce forms differs depending on whether you have an attorney or if you are representing yourself.  

Here’s how to file for divorce in Colorado if you plan to represent yourself (which I advise against doing):

1. Complete and print the required forms.

2. File the forms with the county clerk and pay the filing fee, filling out Form JDF 205 to apply for the waiver.

3. Serve your spouse the papers through your local sheriff’s department or a disinterested party who is over 18 years old and can sign an Affidavit of Service. You can also hire a private process server or mail the forms to your spouse with a Waiver and Acceptance of Service form for them to sign.

How to File for Divorce in Colorado for Free

Some people wonder whether there’s a way to file for divorce in Colorado for free. Individuals whose family income is below 125 percent of the poverty line may qualify for a filing fee waiver. If you think you’re a candidate for a waiver, fill out Form JDF 205. The court will determine whether you’re eligible.

Step 3: File With the County Clerk

Filing Jointly

If you and your spouse plan to file for divorce jointly, you’ll submit your original forms to the local county clerk’s office. You’ll receive file-stamped copies for your records. 

Filing Separately

If you’re filing separately, be sure the clerk signs the summons. The clerk may also give you one or both of the following documents:

• Case Management Order (CMO): This document orders individuals to provide additional documents or perform certain tasks before a particular deadline, like attending parenting classes or providing financial information before a specific date. 

• Notice of Initial Status Conference (ISC): This document will give you the date you’ll need to appear in court and file other necessary documents. 

Step 3: Prepare Personal Documents While You Wait 

Once you’ve filed divorce papers, your spouse (respondent) must be served within nine weeks of the filing. It is possible in some circumstances to get extensions when necessary. C.R.S 14-10-107(4)(a).

The respondent spouse who lives in Colorado has 21 days to submit their response or 35 days to respond if served out-of-state. Note that active-duty military spouses may need more time to file an answer.

In addition to the legal paperwork, you will need to prepare some personal documents, including but not limited to:

• Your marriage certificate

• Financial information (income, debt, assets, taxes)

• Property titles

• Any pre/post-nuptial agreements

Be sure to check with your local court clerk’s office for additional county requirements.

Step 4: Attend the Initial Status Conference

Within forty-two days after you’ve filed for divorce, it’s time to attend the Initial Status Conference (ISC) unless the parties have agreed to a Stipulated Case Management Plan (SCMP). The ISC allows the court to assess the case and establish tasks and deadlines, such as authorization for financial disclosures and an explanation of the disclosure of assets and liabilities. 

In certain cases, the court may also issue temporary or interim orders related to financial responsibilities, parental responsibilities, or other issues at the ISC.

What to Know About Temporary Orders

Sometimes parties may need to ask for temporary orders while a family law case is pending. These temporary orders can help your family manage pressing issues until the case is resolved.

In Colorado, temporary orders can be entered for:

• Divorce

• Legal separation

• Parental responsibilities

• Annulment

• Property division

• Spousal maintenance or support

Temporary orders guide spouses' rights and duties during the divorce process. They can be agreed upon by both parties or requested from the court. Temporary orders can be helpful, but they are not mandatory.

Step 5: Complete Discovery

While both parties are required to provide basic information to the other party and the court without being asked, spouses can also request additional information from each other during the divorce process. This phase can be intense, particularly when spouses refuse to cooperate.  

If your spouse starts discovery, it's wise to hire a lawyer.

Step 6: Attend the Permanent Orders Hearing

The permanent orders hearing in a Colorado divorce proceeding will give the court a chance to address key issues, such as parenting time, decision-making for the child or children, the division of marital property, spousal maintenance, child support, if applicable, and attorney fees. The court makes these decisions based on the law and the evidence provided by each party.

The final divorce decree can be entered and finalized even if other permanent orders have yet to be resolved. 

Why You Should Hire an Attorney

Cost is often the reason many people choose self-representation. However, modifying a divorce decree and/or parenting time is often far more expensive than hiring an attorney to get the divorce right the first time. Hiring an attorney will also gain other key advantages, such as:

• Expert Knowledge and Guidance: Attorneys understand divorce laws in Colorado and can ensure correct paperwork and timely submissions.

• Objective Advice: An attorney provides unbiased advice during emotional times, helping you make informed and beneficial long-term decisions.

• Protection and Fair Representation: Your lawyer fights for your rights, handles negotiations, and represents you in court. In all this, they ensure fair settlements on issues like asset division, child custody, and alimony.

• Time and Stress Relief: Hiring an attorney lets you focus on yourself and your loved ones. Your lawyer manages the legal complexities for you.

An experienced family law attorney puts you in a better position to handle other thorny issues that can arise during the divorce, such as child custody, spousal maintenance, and protection from an abusive partner.

Every family is unique, and every divorce has its own set of challenges. When you have a divorce attorney representing you, you’re in capable hands no matter what you might face.

There’s an Easier Way to File for Divorce

Filling out Colorado divorce papers on your own may be tempting, but it can lead to costly mistakes. If you're unsure how to file for divorce in Colorado or think your spouse might object to certain terms, consider getting a lawyer. An experienced attorney can guide you on tricky issues and ensure your paperwork is filed correctly. Call 303-688-0944 for your case assessment.