How to File for Divorce in Colorado | Step-by-Step Guide

Filing for divorce in Colorado involves several important steps, from meeting residency requirements to filing the correct paperwork with the court. This guide walks you through the entire process so you know what to expect when ending your marriage in Colorado.

Step 1: Meet Colorado Residency Requirements

Before you can file for divorce in Colorado, at least one spouse must have been a resident of Colorado for at least 91 days before filing. You'll file in the district court of the county where either spouse lives.

If you have children, Colorado must have jurisdiction over custody matters, which typically requires the children to have lived in Colorado for at least six months.

Step 2: Gather Required Documents

To file for divorce in Colorado, you'll need the following forms:

• Petition for Dissolution of Marriage: The main document that starts your divorce case
• Summons: Notifies your spouse that divorce proceedings have begun
• Case Information Sheet: Provides basic information about both parties
• Sworn Financial Statement: Required disclosure of income, assets, and debts
• Parenting Plan: Required if you have minor children (outlines custody arrangements)
• Child Support Worksheet: Calculates support obligations if children are involved

Step 3: File the Petition

File your completed Petition for Dissolution of Marriage with the district court clerk. You'll need to pay a filing fee (approximately $230 in most Colorado counties, though this may vary). If you cannot afford the fee, you can request a fee waiver by filing a Motion to File Without Payment.

In Fort Collins and Larimer County, you file at the Larimer County Justice Center. The clerk will stamp your documents and give you a case number.

Step 4: Serve Your Spouse

After filing, you must officially notify your spouse of the divorce by "serving" them with copies of the filed documents. In Colorado, service can be accomplished by:

• Having the county sheriff deliver the papers
• Using a private process server
• Having your spouse sign a Waiver and Acceptance of Service
• Service by mail (with return receipt requested)

Step 5: Wait for Response

Once served, your spouse has 21 days to file a Response (or 35 days if served outside Colorado). During this time:

• If your spouse agrees to the divorce terms, you may proceed with an uncontested divorce
• If your spouse disagrees, the case becomes contested and may require negotiation or trial
• If your spouse doesn't respond, you may request a default judgment

Step 6: Complete Financial Disclosures

Both spouses must exchange Sworn Financial Statements within 42 days of the Response being filed. Colorado requires full financial disclosure, including:

• Income from all sources
• All assets (real estate, vehicles, bank accounts, retirement accounts)
• All debts and liabilities
• Monthly expenses

Step 7: Attend Required Hearings

Depending on your case, you may need to attend:

• Initial Status Conference: A brief hearing to establish timelines and identify issues
• Mediation: Required in most Colorado counties for contested issues
• Permanent Orders Hearing: If you can't reach agreement, a judge decides contested issues

Colorado's 91-Day Waiting Period

Colorado law requires a minimum 91-day waiting period from the date the Petition is served until the divorce can be finalized. This means even the simplest uncontested divorce takes at least three months. Complex cases with children, significant assets, or disagreements can take considerably longer.

Uncontested vs. Contested Divorce

Uncontested Divorce: If you and your spouse agree on all issues (property division, parenting time, support), you can submit a Separation Agreement for the court's approval. This is faster and less expensive.

Contested Divorce: If you disagree on any major issue, you'll need to negotiate, attend mediation, and potentially go to trial. Having an experienced divorce attorney is especially important in contested cases.