How to File for Divorce in Colorado: Your Complete Guide

Meeting Colorado’s Residency Requirements: Your Starting Point

Before you even think about filing, Colorado courts need to know that your case belongs here. This boils down to residency. It’s pretty straightforward: at least one spouse must have been a resident of Colorado for a minimum of 91 days before the divorce petition can be filed (C.R.S. § 14-10-106(1)(a)).

If minor children are part of the equation, the residency rule becomes a bit stricter: Colorado must have been their home state for at least 182 days, or since birth if they are under six months old. This ensures the court has the necessary jurisdiction to make decisions regarding child-related matters under the Uniform Child Custody Jurisdiction and Enforcement Act.

Colorado: A “No-Fault” State

One aspect of Colorado divorce law that often brings a sigh of relief is its “no-fault” status. This means you don’t have to prove marital misconduct, like infidelity or abandonment, to get a divorce. The only legal grounds required is that your marriage is “irretrievably broken,” the standard spelled out in C.R.S. § 14-10-106(1)(a)(II).

Honestly, this simplifies the proceedings immensely, allowing parties to focus on resolving practical matters rather than engaging in potentially acrimonious blame games. It’s about acknowledging the end of a relationship and moving forward.

Initiating the Process: Filing the Petition

So, you’ve met the residency requirements. What’s next? The journey officially begins by filing specific documents with the district court in the county where either you or your spouse resides.

Required Initial Documents

The cornerstone document is the Petition for Dissolution of Marriage or Legal Separation (JDF 1101). This form tells the court that one or both parties are seeking to end the marriage. It’s where you’ll provide essential personal information, details about your marriage (like the date and location), and formally state that your marriage is irretrievably broken. This petition also lays out your initial requests regarding assets, debts, spousal support, and, if applicable, child custody and support.

Along with the Petition, you’ll generally need to file a Case Information Sheet (JDF 1000), which provides basic information about the case and the involved parties. If you’re not filing jointly with your spouse, a Summons for Dissolution of Marriage or Legal Separation (JDF 1102) will also be required. This summons officially notifies your spouse that a divorce action has been initiated against them.

You can file these forms either in person at the clerk’s office or, in many districts, through Colorado Courts E-filing, which offers 24/7 access and allows you to view and print case documents online. It’s generally recommended to download and complete these forms using a PDF reader for the best results.

Understanding Filing Fees and Fee Waivers

Let’s talk about the practicalities, because divorce, unfortunately, comes with costs. As of 2025, the base filing fee for a Petition for Dissolution of Marriage in Colorado is $230.00. And, if your spouse files a response to the petition, there’s an additional fee of $116.00. These fees are subject to change, so it’s always a good idea to check the most current amounts on the Colorado Judicial Branch’s fee schedule.

But what if you can’t afford these fees? That’s a real concern for many, and the courts have a process for that. You can apply for a fee waiver using Form JDF 205, “Motion to File Without Payment and Supporting Financial Affidavit”. This form, along with the caption of JDF 206, allows you to demonstrate your financial need to the court. If approved, you can proceed with your case without having to pay the filing fees. It’s a crucial resource that helps ensure access to justice for everyone, regardless of their financial situation.

Serving Your Spouse: The Next Critical Step

Once you’ve filed your initial paperwork with the court, if you’re filing alone, you absolutely must formally notify your spouse that the divorce proceedings have begun. This is known as “service of process.” It’s a non-negotiable step to ensure your spouse is aware of the legal action and has an opportunity to respond.

Methods of Service

• Professional Service: You can hire a process server or utilize the local sheriff’s department. These individuals are experts at formal service and will provide proof that your spouse received the documents.
• Disinterested Party: Any individual over 18 years old who is not involved in your case can also serve the papers. They cannot be you, the petitioner.
• Waiver of Service: This is often the simplest and least confrontational method if you and your spouse are on amicable terms. Your spouse can sign and notarize a Waiver and Acceptance of Service (JDF 1102(a)) or JDF 1013 form, which is then filed with the Clerk’s Office. This essentially acknowledges they received the papers and waives their right to formal service.
• Certified Mail: In some cases, service can be made via certified mail with a return receipt requested.

No matter the method, the person who serves the papers (or who receives the waiver) must complete and file JDF 1102(b), “Return of Service” with the court. This document serves as official proof that your spouse was properly notified. Skipping this step can halt your divorce proceedings, so it’s vital to get it right.

The Response and Mandatory Financial Disclosures

After being served, your spouse, now referred to as the “Respondent,” has a specific timeframe to file a written response. If they reside in Colorado, they have 21 days. If they live out of state, that period extends to 35 days. It’s worth noting that active-duty military spouses might qualify for additional time. The form they’ll use is the Response to the Petition for Dissolution of Marriage or Legal Separation (JDF 1103/JDF 116). In this response, they can agree or disagree with your petition and request specific court orders themselves regarding child support, property, and debt division.

Financial Disclosure Requirements

Perhaps one of the most critical stages in any Colorado divorce is the exchange of mandatory financial disclosures. Both parties are required to provide comprehensive financial information to each other, detailing all income, expenses, assets, and debts. This transparency is fundamental for the court to make fair and equitable decisions, especially concerning spousal maintenance, child support, and property division.

These disclosures are typically due within 42 days (C.R.C.P. 16.2(e)) after the divorce petition is served. Key forms involved in this process include:

• Sworn Financial Statement (JDF 1111): Each spouse must complete their own detailed statement. This document is pretty exhaustive, covering everything from your monthly income and expenses to all your assets (like bank accounts, real estate, investments) and debts (such as mortgages, credit cards, and loans).
• Sworn Financial Statement, Supporting Schedules (JDF 1111SS): This form provides additional space and structure for detailing assets, if necessary.
• Certificate of Compliance with C.R.C.P. 16.2(e) (JDF 1104): Both parties must complete this form to certify that they have fully complied with the mandatory financial disclosure rules.

Honestly, gathering all these financial records can feel like a huge chore. You’ll need tax returns for the past three years, proof of income (W-2s, 1099s), statements for all financial accounts, real estate deeds and mortgage information, vehicle titles, retirement plan details, life insurance policies, and all loan and credit card records. It’s a lot, but it’s essential for a fair outcome.

Complete Colorado Divorce Paperwork Checklist

Navigating the divorce process in Colorado truly involves a specific set of forms. The Colorado Judicial Branch’s Self-Help Forms (Divorce & Legal Separation) library is the definitive resource for obtaining all the necessary paperwork, typically prefixed with “JDF.”

I. Initial Filing and Related Documents

• JDF 1000 – Case Information Sheet: This form is always required at the outset, gathering basic details about the case and parties, including names, addresses, and information about children.
• JDF 1101 – Petition for Dissolution of Marriage or Legal Separation: The main document that kicks off the divorce. It outlines personal and marriage details, states the marriage is “irretrievably broken,” and expresses requests for property division, spousal support, and child matters.
• JDF 1102 – Summons for Dissolution of Marriage or Legal Separation: If you’re not filing jointly, this notifies your spouse of the divorce action and their need to respond.
• JDF 205 – Motion to File Without Payment and Supporting Financial Affidavit: Your lifeline if filing fees are a hardship.

II. Service and Response Documents

• JDF 1102(b) – Return of Service: This is the official proof that your spouse was formally notified of the divorce.
• JDF 1103 – Response to the Petition for Dissolution of Marriage or Legal Separation (or JDF 116): Your spouse’s formal reply to your petition.

III. Financial Disclosure Documents

• JDF 1111 – Sworn Financial Statement: Critical for all financial determinations, detailing income, expenses, assets, and debts.
• JDF 1111SS – Sworn Financial Statement, Supporting Schedules: Provides supplementary schedules for complex asset disclosures.
• JDF 1104 – Certificate of Compliance with C.R.C.P. 16.2(e): This form certifies that both parties have fulfilled their mandatory financial disclosure obligations.

IV. Agreement and Finalization Documents

• JDF 1115 – Separation Agreement (Property and Financial Agreement): If you and your spouse reach a full settlement, this document legally outlines how you’ll divide property, debts, and handle spousal support. This is super important for uncontested cases.
• JDF 1116 – Decree of Dissolution of Marriage: This is the final court order that officially terminates your marriage. Once signed by a judge, it’s official.
• JDF 1201 – Affidavit for Decree without Appearance of Parties (or JDF 1018): For uncontested divorces where all issues are agreed upon, this allows for a decree without a final court hearing, streamlining the process.

V. Forms for Cases Involving Children

• JDF 1113 – Parenting Plan: If you have minor children, this form is a must. It details agreements on child custody, visitation schedules, and how parents will make decisions about the children. Mediation is often ordered if parents can’t agree on this.
• Child Support Worksheets (e.g., JDF 1820E or JDF 1820M/1821M): These state-issued forms are used to calculate child support based on specific guidelines.
• JDF 1117 – Child Support Order: This document formalizes the court-ordered child support.
• Income Assignment Order & Medical Support Order: These may be necessary for enforcing child support and addressing children’s healthcare costs.
• Affidavit Regarding Children (JDF 1106): Provides essential information about the children involved.
• JDF 1350 – ICWA Assessment: Potentially required if the Indian Child Welfare Act is applicable.

The Mandatory Waiting Period and Court Conferences

Colorado law mandates a 91-day waiting period from the date the summons is served (or the joint petition is filed) before a Decree of Dissolution can be entered. This waiting period applies whether your divorce is contested or uncontested, giving parties a statutory pause before the finality of the divorce.

Court Conferences and Mediation

Initial Status Conference (ISC): Within approximately 42 days of the petition being filed, the court typically schedules an Initial Status Conference. This is usually a brief, 10-15 minute meeting with a judge or family court facilitator. The primary purpose is to set deadlines for financial disclosures and other future hearings, keeping your case moving forward. It’s a chance to get organized and understand the timeline.

Mediation: Most divorce cases in Colorado will involve at least one mediation session. This isn’t just a suggestion; it’s often a requirement. Mediation involves a neutral third party (the mediator) who helps spouses communicate and negotiate to reach agreements on unresolved issues. This includes everything from child custody and parenting time to spousal maintenance (alimony) and the division of marital property and debt. The goal is to settle matters outside of a courtroom, which can save a lot of time, stress, and legal fees. Honestly, it’s a really valuable opportunity to find common ground.

Navigating Child-Related Matters

If you have minor children, their well-being becomes a central focus of the divorce proceedings. Colorado courts prioritize the “best interests of the child,” and that means specific steps and forms are necessary:

Parenting Plan (JDF 1113): As mentioned, this is a crucial document. It outlines proposed parenting time schedules, decision-making responsibilities (who makes choices about health, education, religion, etc.), and other important arrangements for the children. It’s essentially a roadmap for co-parenting after the divorce. If you and your spouse can’t agree on a parenting plan, the court will likely order mediation to help you work through the disagreements.

Parenting Class: In cases involving minor children, both parents are typically required to attend a court-approved parenting class. These classes are designed to help parents understand the impact of divorce on children and provide strategies for supporting them through the transition. It’s not about judging your parenting, but about equipping you with tools to minimize distress for your kids.

Finalizing Your Divorce: The Decree

Once all issues—from property division to child custody—are either agreed upon or decided by the court, you move towards the finalization of your divorce.

Separation Agreement (JDF 1115): If you and your spouse have reached a full agreement on all marital issues (making your divorce “uncontested”), you’ll formalize these terms in a Separation Agreement. This document details every aspect of your settlement, from who gets the house to who pays what debt, and includes any spousal maintenance arrangements. It’s presented to the court for approval. In many ways, this document is the culmination of all the negotiations and financial disclosures.

Decree of Dissolution of Marriage (JDF 1116): This is the ultimate document that legally ends your marriage. One party usually completes the caption box and Part 1 of the form, and then a judge or magistrate will complete and sign the rest. Once signed, your divorce is officially final. You can obtain a certified copy of the signed order, often for an additional fee, which is important if you plan to change your name.

Decree Without Appearance: For certain uncontested cases, especially those without minor children where all issues are agreed upon, you might qualify for a decree without a court hearing. This can be achieved by filing an Affidavit for Decree Without Appearance (JDF 1018) or JDF 1201. This option streamlines the process, allowing you to avoid a final court appearance.

Permanent Orders Hearing: If, however, you and your spouse cannot reach a full agreement through negotiation or mediation, your case will proceed to a Permanent Orders Hearing. This is essentially the final trial, where a judge will hear testimony and evidence from both sides and make decisions on all the unresolved issues. It’s usually the more adversarial and time-consuming path, but sometimes it’s necessary to achieve a resolution.

Considering Legal Assistance and Self-Help Resources

While it is possible to represent yourself in a Colorado divorce, especially if it’s an uncontested case with a simple marital estate, seeking legal advice is generally recommended. The complexities of family law, especially when children or significant assets are involved, can be challenging to navigate alone. An attorney can ensure your interests are properly represented and that all legal requirements are met.

However, if you choose to pursue a do-it-yourself divorce, Colorado offers extensive self-help resources:

• Colorado Judicial Branch Self-Help Library (Divorce & Legal Separation forms): This is the primary resource for all official forms (JDF numbers) and detailed instructions. They even have step-by-step guides on how to get or respond to a divorce or legal separation.
• Self-Help Centers and “Sherlocks”: Every Judicial District in Colorado hosts a Self-Help or Court Resource Center, staffed by “Sherlocks” (Self-Represented Litigant Coordinators). These staff members are invaluable; they can help you navigate the court system, direct you to the correct forms, and provide information on case processes. Just remember, they cannot provide legal advice.
• Virtual Clinics: The Colorado Judicial Branch also offers virtual clinics on various topics, including pre-decree divorce/custody matters, accessible with internet service.
• LawHelp Interactive: Supported by organizations like the Colorado Bar Association Public And Legal Services and Colorado Legal Services, this website helps users complete legal documents for free by asking questions and then populating the necessary forms with your answers. Visit lawhelpinteractive.org.

Special Considerations During Divorce Proceedings

Name Restoration

It’s common for individuals to wish to restore a prior name (often a maiden name) after a divorce. You can actually request this in the initial Petition for Dissolution of Marriage (JDF 1101) or the Response to the Petition (JDF 1103). If you decide to do it later, you can file JDF 1824 - Motion for Name Restoration and JDF 1825 - Order in the court where your decree was entered. A nice perk? There’s no filing fee for name restoration if you file within 60 days after the divorce decree is signed.

Dividing PERA Retirement Benefits

If either spouse has a PERA (Public Employees’ Retirement Association) retirement plan, dividing it requires specific documentation. You’ll use forms like JDF 1202 - Domestic Relations Order for a PERA Retirement Plan and an accompanying Attachment: Agreement for Domestic Relations Plan. Additional, detailed information can be found directly on PERA’s website, as these divisions can be quite complex.

Automatic Court Orders (Temporary Injunctions)

This is a really important detail to be aware of. When the Petition for Dissolution of Marriage is filed, certain automatic temporary injunctions immediately go into effect. These injunctions are designed to protect marital assets and prevent either party from unilaterally selling, transferring, or hiding marital property, or taking children out of state without permission from the other parent or court. It’s a safeguard to maintain the status quo while the divorce is pending, ensuring fairness in the division of assets and parenting matters.

Frequently Asked Questions

How long does it take to get a divorce in Colorado?

The minimum waiting period is 91 days from when the summons is served. Uncontested divorces typically take 3-4 months total, while contested divorces can take 6 months to over a year depending on complexity.

How much does it cost to file for divorce in Colorado?

The filing fee is $230.00 for the petition and $116.00 for a response. If you cannot afford these fees, you can apply for a waiver using Form JDF 205.

Can I get a divorce without a lawyer in Colorado?

Yes, Colorado allows self-representation, especially for uncontested divorces with no children or complex assets. The Colorado Judicial Branch provides extensive self-help resources and forms on their website.

What forms do I need to file for divorce in Colorado?

At minimum, you need: JDF 1000 (Case Information Sheet), JDF 1101 (Petition for Dissolution), JDF 1102 (Summons), JDF 1111 (Sworn Financial Statement), and JDF 1104 (Certificate of Compliance). Additional forms may be required if you have children or specific assets.

Do I need to have grounds for divorce in Colorado?

No. Colorado is a no-fault divorce state. The only grounds needed is that your marriage is “irretrievably broken.” You don’t need to prove adultery, abuse, or any other misconduct.

How is property divided in a Colorado divorce?

Colorado follows “equitable distribution,” meaning marital property is divided fairly (not necessarily equally). The court considers factors like marriage length, each spouse’s contributions, earning capacity, and future needs.

Conclusion

Navigating a divorce in Colorado, from understanding the initial residency requirements to filing the final decree, is undeniably a detailed and often emotionally challenging process. However, by breaking it down into manageable steps—like gathering the correct forms, understanding filing fees and service of process, and diligently completing financial disclosures—you can gain a sense of control and clarity.

Colorado’s no-fault status simplifies the legal grounds, and the mandatory 91-day waiting period provides a necessary pause for reflection and resolution. Remember, resources are available to support you. The Colorado Judicial Branch website serves as a comprehensive hub for official forms and self-help instructions, and professionals are accessible through self-help centers and various legal aid organizations.

Whether you opt for self-representation in an uncontested matter or choose to seek legal counsel for more complex issues, equipping yourself with knowledge is your best asset. The goal is to move through this transition informed and empowered, allowing you to focus on building your future.