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. Here’s how to file for divorce in Colorado.

In This Guide: 

• The Basics of Colorado Divorce
• How to File for Divorce in Colorado
• Steps for Obtaining a Divorce in Colorado
• Why You Should Hire an Attorney

How To File For Divorce in Colorado from Robinson & Henry P.C. on Vimeo.

The Basics of Colorado Divorce 

There are three basic rules for getting a divorce in Colorado:

1. Before filing, one spouse must have lived in Colorado for at least 91 days. — Colorado Revised Statute 14-10-106 
2. The spouse who is filing is called the Petitioner. The other spouse, the Respondent,  must be served with a summons.  However, the Respondent can also waive personal service. This can be a good option for Respondents who are uncomfortable with the idea of dealing with a process server, and for Petitioners who would like to save on costs. No matter how service is achieved, the date of service (or waiver of service) will be important to the case.
3. If children are involved, they must have lived in Colorado for at least 182 days, or for their entire lives if they are less than six months old. — Rev. Stat. 14-13-201.

However, there are exceptions to every rule. Consider hiring an attorney if your situation doesn’t fit precisely in this framework.

Colorado divorce laws dictate that as long as a spouse has:

• lived in Colorado for at least 91 days, and
• has been served a summons

… then a court can legally end your marriage. However, complications can arise if:

• the respondent spouse lives out of state and cannot be served, or
• any involved children live out of state and  have not resided in Colorado for at least the 182 days immediately prior to filing.

The court can still grant a divorce, but may not have jurisdiction to rule on:

• splitting assets and debts,
• making parenting plans, and
• ordering alimony or child support.

Grounds for Divorce in Colorado 

Colorado is a no-fault state. This means you don’t have to prove wrongdoing by your spouse, such as adultery, cruelty, or desertion, to end your marriage. Under Colorado divorce law, the only grounds for divorce is that the marriage is “irretrievably broken.” Your marriage is irretrievably broken if no amount of communication, counseling, or other effort could resolve your relationship’s problems. If the only solution is to end the marriage, the marriage is irretrievably broken. It only takes one party to establish this. If one party still believes the marriage could be repaired, that will not prevent a court from issuing a decree of dissolution.

Types of Divorce in Colorado  

Colorado has three main types of divorce:

• Contested divorce: This is the most common type. A contested divorce is when parties cannot agree on one or more key issues, such as child custody, spousal support, or asset division. A contested divorce takes the longest and tends to be more expensive.
• Uncontested divorce: Parties can file for an uncontested divorce when they mutually agree on all marital issues. This type is typically faster and less costly.
• Default divorce: This occurs when one spouse doesn’t respond to the court. As a result, the court often grants all the other spouse’s requests related to issues such as assets and children.

Note: If you file for a contested divorce, you should hire a lawyer to protect your legal rights.

How to File for Divorce in Colorado 

Every dissolution of a marriage begins with filing divorce papers. Colorado provides a website for accessing and filling out forms for divorce and legal separation. These are not the only papers you’ll need, but they can get you started.

Prepare the Legal Forms 

You must prepare the proper legal forms to file for divorce in Colorado. There are different forms for couples with and without minor children. You can file separately or jointly, and even submit the forms 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.

Filing and Serving Divorce Papers 

The process of filing divorce forms differs depending on whether you have an attorney or if you are representing yourself. If you’re curious about how to file for divorce in Colorado for free, there’s only one way: You must fill out and submit the paperwork yourself, and get the filing fee waived.

Your family income must be below 125 percent of the poverty line to qualify for the waiver. If you think you’re a candidate for a waiver, fill out Form JDF 205. The court will determine whether you are eligible.

If you plan to represent yourself in the divorce, follow this four-step process to file: 

1. Complete and print the required forms.
2. File the forms with the court clerk and pay the filing fee. Complete Form JDF 205 to see if you qualify for a waiver if your finances are tight.
3. Serve your spouse the papers through the Sheriff’s Department, a private process server, or a disinterested party who can sign an Affidavit of Service.
4. Alternatively, mail the forms to your spouse with a Waiver and Acceptance of Service form for them to sign.

Filing with the Clerk 

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

If you’re not filing jointly, be sure the clerk signs the summons.

The clerk may also give you:

• A Case Management Order (CMO) asking to provide extra documents or perform mandatory action (for example, attend parenting classes) by a certain deadline.
• Notice of initial status conference (ISC) with the date you’ll need to appear in court and file the remaining documents.

Service Timelines 

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

If you’re filing, your respondent spouse has 21 days to submit their response. They have 35 days to respond if served out of state or by publication.

Prepare Personal Documents 

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)
• Property titles
• Pre/post-nuptial agreements

Note: Check with your local court clerk for additional county requirements before filing.

Steps for Obtaining a Divorce in Colorado 

Getting a divorce in Colorado is fairly simple if you follow the required steps. Keep in mind that each divorce is different. This is general information, not legal advice.

Once you’ve filed the paperwork and served your spouse (if necessary), you’ve completed half the steps toward getting divorced.

Next, the process itself plays out with the following steps:

1. Attend the Initial Status Conference: If both spouses have lawyers, they must attend this conference 42 days after filing. Temporary Orders hearings can be requested after this conference.
2. Complete Discovery: Spouses can request certain information from each other during the divorce process. This phase can be intense when spouses won’t cooperate, or easy if they mostly agree. If your spouse starts discovery, it’s wise to hire a lawyer.
3. Attend the Permanent Orders hearing: If no resolution is reached, a judge will hear evidence from both parties and make a decision.

Note: Factors like child custody arrangements, converting legal separation to divorce, and contested divorces can extend the process beyond 90 days.

What to Know About Temporary Orders 

Temporary orders are court-ordered arrangements that take effect while a family law case is pending. They 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.

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 beneficial long-term decisions.
• Protection and Fair Representation: Your lawyer fights for your rights, handles negotiations, and represents you in court. In all this, he or she ensures fair settlements on issues like asset division, child custody, and alimony.
• Time and Stress Relief: Hiring an attorney allows you to 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. (Hyperlink 5) What if the child custody case gets nasty? What if the other party is digging in their heels about spousal maintenance? What if you need an order of protection from an abusive partner?

Every family is unique, and every divorce presents its own 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 be a headache. If you’re unsure about 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 done correctly. Call 303-688-0944 for your initial consultation.