JDF 1101 Guide: The Document That Starts Your Divorce

Petitioner vs. Co-Petitioner: The First Choice

Before you fill out the first box, you need to decide how you are filing.

• Petitioner / Respondent: You file alone as the "Petitioner." Your spouse is the "Respondent." This is standard if your spouse disagrees with the divorce or if you need to surprise them with service to prevent them from hiding assets. You pay the filing fee ($230), and they pay a response fee ($116).
• Co-Petitioners: You both sign the petition together. This is the "amicable" route. It saves money because you only pay the $230 filing fee once (split between you). It also waives the need for formal service of process, since your spouse signed the document and obviously knows about the divorce.

Section 1: Jurisdiction & Residency

The court will kick your case out immediately if you don't meet the residency rules.

The 91-Day Rule: You must check the box stating that at least one party has lived in Colorado for 91 days prior to filing. If you moved here 80 days ago, wait. Filing early invalidates the entire case.

The 182-Day Child Rule: If you have minor children, Colorado typically must be their "Home State" (where they lived for the last 182 days) to make custody decisions. If the kids just moved here last month, Colorado might be able to grant the divorce but not decide custody. This is complex—consult an attorney if this applies to you.

Section 2: Marriage Details

Date of Marriage: Use the date on your marriage license.

Date of Separation: This is often an estimate. It can be the day one of you moved out, or the day you decided the marriage was over. While Colorado is no-fault, this date helps the court build a timeline of the relationship.

Place of Marriage: City and State (or Country).

Section 3: Children

List all children under age 19 born or adopted into the marriage.

Pregnancy: You must disclose if the wife is currently pregnant. This is because the child would be presumed to be a child of the marriage, creating legal rights and support obligations.

Non-Marital Children: Do not list children from previous relationships unless you adopted them. Step-children are not included in this divorce action for custody purposes.

Section 4: Requests for Relief (What You Want)

This is the section where you tell the court what you are asking for. It is better to check "Yes" to everything now than to realize you need it later.

• Property Division: Always check that you want the court to divide property and debts.
• Maintenance (Alimony): Even if you aren't sure you want alimony, check "Yes." If you check "No," you might permanently waive your right to ask for it later. It is a safeguard.
• Attorney Fees: Check "Yes." If your spouse drags out the case or behaves badly, you want the option to ask them to pay your legal bills.
• Name Restoration: If you changed your name when you married, check "Yes" to the request to restore your prior name. This makes the name change automatic with the divorce decree, saving you from filing a separate, expensive civil case later.

The "Irretrievably Broken" Standard

You will see a checkbox asking you to affirm that the marriage is "irretrievably broken." Check it. This is the legal magic words. You do not need to explain why. No stories about affairs or arguments are needed here. Just the statement that it is broken.

What Happens After You Sign?

1. Notarize: Do not sign until you are in front of a court clerk or a Notary Public.

2. File: Take the JDF 1101 (along with the Case Information Sheet JDF 1000) to the clerk of the district court in your county. Pay the filing fee.

3. Serve: If you filed alone, you must now "serve" your spouse. You have to get a third party (sheriff or process server) to hand them the papers. The 91-day clock does not start ticking until they are served.