To file for divorce in Colorado, you take a completed Petition for Dissolution of Marriage (JDF 1101) and Case Information Sheet (JDF 1000) to the district court in the county where you or your spouse lives, pay a $260 filing fee, and confirm that at least one spouse has been domiciled in Colorado for 91 consecutive days.1Colorado Judicial Branch. List of Fees Colorado is a no-fault state, so the only ground you need to state is that the marriage is irretrievably broken. From the day the court gains jurisdiction over your spouse, a mandatory 91-day waiting period runs before any judge can sign the final decree, which is why most cases take at least three to four months even when the spouses agree on everything.
Residency and Grounds You Must Meet Before Filing
At least one spouse has to have been domiciled in Colorado for 91 consecutive days before the petition is filed.2Justia. Colorado Code 14-10-106 – Dissolution of Marriage – Legal Separation Domicile means more than being physically present. Colorado has to be your primary home and you have to intend to stay. Someone stationed here temporarily for work, for instance, may not qualify without additional evidence of that intent.
The only legal ground is that the marriage is irretrievably broken, meaning there is no reasonable prospect of reconciliation. If both spouses say so, the court accepts it. If one spouse denies it, the court can either make its own finding or continue the case for 35 to 63 days and suggest counseling before ruling.3Colorado.Public.Law. Colorado Code 14-10-110 – Irretrievable Breakdown
If you have minor children, there is a separate jurisdictional layer. Colorado generally needs to be the children’s home state before the court can enter custody orders, which usually means the children have lived here for the six consecutive months before filing.
Forms, Fee, and What to Gather Before You File
Before filling anything out, pull together the dates and numbers the court will ask for: date of marriage, date of separation, identifying information for any minor children, and a full picture of assets and debts, including bank accounts, retirement funds, real estate, vehicles, credit card balances, and mortgages. Having this ready up front prevents the back-and-forth that drags cases out.
The two core documents are:
- JDF 1101, the Petition for Dissolution of Marriage, which asks the court to end the marriage and lists the marriage date, separation date, children’s names and dates of birth, and a general statement of what you want decided on property, support, and parenting.4Colorado Judicial Branch. JDF 1101 – Petition for Divorce or Legal Separation
- JDF 1000, the Case Information Sheet, which gives the court basic contact information and identifies the case type.5Judicial Legal Help Center. Step 2 – File
You can file alone as the petitioner or jointly with your spouse as co-petitioners. Filing jointly simplifies the early stages because it removes the need for formal service. Everything on the petition is signed under penalty of perjury, so accuracy matters; blank fields or errors will delay your case, and deliberately false statements can draw sanctions. All forms are on the Colorado Judicial Branch website or at the clerk’s office of your district court.
The filing fee is $260.1Colorado Judicial Branch. List of Fees If you cannot afford it, file JDF 205 to ask the court to find you indigent based on your income and expenses. A granted waiver covers filing fees, copy fees, and e-filing fees.6Colorado Judicial Branch. JDF 205 – Motion to Waive Fees Once the clerk assigns a case number, the clock starts on several deadlines, and the first one is notifying your spouse.
Serving Your Spouse
If you did not file jointly, you have to formally deliver the petition and summons to your spouse through service of process. Colorado requires someone unconnected to the case to handle delivery, either a private process server or a county sheriff. After delivery, that person completes JDF 1102(b), the Return of Service, which gets filed with the court as proof.7Colorado Judicial Branch. JDF 1102(b) – Return of Service
A cooperative spouse can sign JDF 1102(a), a Waiver of Service, so the case moves forward without a process server.5Judicial Legal Help Center. Step 2 – File The waiver has to be genuinely voluntary.
If you cannot locate your spouse despite genuine effort, Colorado allows service by publication. You file a motion describing the steps you took to find them, and if the court is satisfied you used due diligence, it orders a single publication of notice in a local newspaper. Your spouse then has 35 days from publication to respond before the court can enter a default judgment.8FindLaw. Colorado Code 14-10-107 – Dissolution of Marriage – Legal Separation – Declaration of Invalidity
The 42-Day Financial Disclosure Deadline
Within 42 days of filing or being served, both spouses have to exchange a full set of financial documents. This is not optional. Colorado Rule of Civil Procedure 16.2 requires each party to turn over a Sworn Financial Statement (JDF 1111), supporting schedules, three years of tax returns, bank statements, retirement account information, and documentation of all debts and assets.9Colorado Judicial Branch. Case Process Each spouse then files JDF 1104, a Certificate of Compliance, confirming the required disclosures were delivered.10Colorado Judicial Branch. Certificate of Compliance with Mandatory Financial Disclosures
This is where many cases start to go sideways. Hiding assets or dragging your feet does not just cause delay. A court that later discovers undisclosed property can reopen the case years after the decree, redistribute assets, and impose fines. The 42-day window is tight if your financial life is complicated, so start gathering documents before you file the petition.
The 91-Day Waiting Period and Temporary Orders
Colorado law imposes a mandatory 91-day cooling-off period. No judge can sign a final decree until at least 91 days have passed from the date the court gained jurisdiction over the other spouse, whether through service, a waiver, or joining as a co-petitioner.2Justia. Colorado Code 14-10-106 – Dissolution of Marriage – Legal Separation Even if both spouses agree on everything on day one, the court cannot waive this timeline.
During the waiting period, the court typically schedules an Initial Status Conference. This is an informal meeting rather than a hearing. The judge confirms disclosures are on track, checks on any parenting class requirements, and sets future court dates. It is also where temporary orders get discussed if either spouse needs immediate relief.
Temporary orders handle things that cannot wait months. Common ones include who stays in the family home, a temporary parenting schedule, short-term child support or spousal maintenance, payment of ongoing debts, and orders stopping either spouse from dissipating marital assets. Either spouse can request them, and if the parties cannot agree, the court holds a short hearing to decide.
Parenting Class and Mediation Requirements
If your divorce involves children under 18, both parents have to attend a court-approved parenting education class covering the impact of divorce on children and co-parenting strategies.11FindLaw. Colorado Code 14-10-123.7 – Parenting Education Programs A certificate of completion gets filed with the court. Each parent pays their own fee, and providers may offer reduced rates for hardship, but the court itself cannot waive this cost.12Colorado Judicial Branch. Parenting Classes Finishing the class early keeps it from becoming the thing that holds up your final orders.
If your case has children, you will also submit a parenting plan on JDF 1113, which spells out the school-year and summer schedule, holiday rotation, transportation, each parent’s annual overnight count, and how decision-making is divided.13Colorado Judicial Branch. Parenting Plan – JDF 1113 An agreed plan is typically approved; a disputed one is decided by the judge under the best-interests factors in C.R.S. 14-10-124.14Colorado General Assembly. Colorado Revised Statutes Title 14 – Domestic Matters – Section 14-10-124
Most Colorado judicial districts also require spouses to attempt mediation before scheduling a contested hearing. A neutral mediator helps you work toward agreement on unresolved issues; they do not make decisions for you. Hourly rates generally run between $100 and $500, and some courts offer reduced-cost programs. If domestic violence is an issue, a party can be exempted from the requirement. Even when mediation does not resolve everything, it often narrows the disputes enough to shorten any eventual hearing.
Reaching the Final Decree
If you and your spouse agree on all issues, you can put the terms into a written separation agreement and submit it to the court, which in many cases eliminates the need for a contested hearing. When minor children are involved and either spouse is unrepresented, the court will usually still hold a brief uncontested permanent orders hearing to confirm the agreement is fair and serves the children’s best interests.
If you cannot agree, the case proceeds to a permanent orders hearing. That is the trial phase where the judge resolves every remaining issue: property and debt division, whether to award spousal maintenance and in what amount, and the full allocation of parental responsibilities including child support. Both sides present evidence, and the judge enters binding orders.
Once permanent orders are in writing and at least 91 days have passed since the court gained jurisdiction, the judge signs the decree of dissolution. That document formally ends the marriage. Keep a certified copy. You will need it for name changes, updating financial accounts, and adjusting insurance and beneficiary designations.
If You Want to Stay Technically Married
Colorado offers legal separation as a separate option. The process uses the same forms, the same 91-day residency requirement, and the same financial disclosures, but the decree divides property, establishes support, and allocates parenting responsibilities without ending the marriage.2Justia. Colorado Code 14-10-106 – Dissolution of Marriage – Legal Separation Couples choose it for health insurance reasons, since some plans continue coverage for a legally separated spouse, or for religious or personal reasons. Either spouse can later convert the separation into a full dissolution by filing a motion at least six months after the separation decree, without starting over.