How to File for Divorce in Colorado

Divorce can be financially and emotionally costly, and there are a number of legal hurdles to jump before getting to the end. Whether you’ve just started thinking about divorce or are ready to take your first step right now, LegalZoom is here to help make a stressful process easier.

There are a few specific requirements around residency and grounds that you must follow in order to start the divorce process. 

Residency requirements

To file for dissolution of marriage in Colorado, one of the parties must have been a resident of Colorado for at least 91 days. If your spouse is a Colorado resident, you will file in the District Court in the county where your spouse lives. If your spouse does not reside in Colorado, you will file in the county where you live.

If there is a minor child who will be involved in the case, that child must have lived in Colorado for 182 days or since birth if under six months old before a petition for divorce can be filed.

Grounds for divorce

Grounds are legally recognized reasons to get a dissolution of marriage and sever your marital relationship. Colorado has what is commonly called a “no-fault” ground for dissolution. You need to state in your petition that “the marriage of the parties is irretrievably broken.” This is the only ground for dissolution available in Colorado.

How to get a divorce in Colorado in 8 steps

The divorce process will vary, depending on whether or not you and your spouse have kids and if you agree upon all of the terms of the divorce.

You will begin the procedure by filing a Petition for Dissolution of Marriage in the Superior Court of the county where you or your spouse lives.

If you and your spouse can reach an agreement on all matters and your spouse is willing to cooperate in the process, you can proceed with an uncontested dissolution. You (and possibly your spouse) may be required to attend a court hearing. The judge will ask some questions to be sure you understand and agree to everything, and will enter a Decree of Dissolution of Marriage.

If you and your spouse cannot reach an agreement, you will have a contested dissolution, which becomes much more complex.

Let’s take a closer look, step-by-step:

Step 1: Consult a divorce attorney

While working with a divorce attorney is not required in a Colorado court, it is recommended, especially if you and your spouse do not agree on the terms of the divorce. Consulting a divorce attorney can give you peace of mind that your interests are protected. 

The divorce process can be overwhelming, even if you and your partner agree on most of the terms of your marriage. If you and your spouse don’t agree, working with individual attorneys can give you the guidance you need to come to a fair and equitable decision.

Step 2: Prepare divorce forms

The first step in the divorce process is to get the required forms and begin filling them out in preparation for filing. Which forms you need to fill out will depend upon if you’re filing separately or jointly with your spouse.

If you file jointly as an uncontested divorce, you’ll need the following:

• Petition for Divorce or Legal Separation. Form JDF 1011 is the petition to the court to end your marriage. 
• Case Information Sheet. Form JDF 1000 provides summarized information about your case so it can be reviewed efficiently.

If you’re filing separately from your spouse, you’ll need a few additional forms:

• Petition for Divorce or Legal Separation. Form JDF 1011 is the petition to the court to end your marriage.
• Summons. Form JDF 1012 is the summons that will be sent to your spouse notifying them that you have started the divorce proceedings. 
• Case Information Sheet. Form JDF 1000 provides summarized information about your case so it can be reviewed efficiently.

If you and your spouse have children together, you’ll also need to file Form JDF 1113, Parenting Plan, which will explain how you plan to care for your children after the divorce is finalized. 

Step 3: File the petition

Once the forms have been filled out, it’s time to file your petition for divorce at either your local county court or the county court where your spouse lives. In Colorado, you can file your documents online or in person.

If you’re planning to file in person, you’ll need to submit the original document and two copies. The court will retain the original, and the two copies are for you and your spouse.

When you file your petition, you’ll be required to pay a filing fee. In Colorado, the filing fee is $230. If you can’t afford the filing fee, you can request a waiver using Form JDF 205. If you don’t qualify for a waiver, you might be able to pay the fee in installments. 

Step 4: Serve divorce papers

If you have filed for divorce separately from your spouse, you must now notify your spouse that you’ve filed for divorce. To notify them, you’ll serve them divorce papers.

To do this, you have a few options:

• Deliver the divorce papers yourself and file the Waiver of Service, JDF 1013. 
• Ask a friend or family member (must be over 18) to serve the papers to your spouse
• Hire a private process server or utilize the Sheriff’s office in the county where your spouse resides to serve the papers

You can find instructions on serving divorce papers on JDF 1099. 

Once the papers have been served, your server will need to file the Return of Service, JDF 1014.

Step 5: Waiting period and response

In Colorado, there are a few pauses in the divorce proceedings. This includes the response time and a waiting period.

If you file separately from your spouse and serve them with divorce papers, they have 21 days to file a response. If they live out of state, they have 35 days to respond.

Colorado also has a 91-day waiting period from the day the divorce petition was filed with the county court. This gives you time to negotiate and “cool off” before the divorce can be finalized.

Step 6: Financial disclosure

In order to ensure that your marital assets are split equally between you and your spouse, you both must make a financial disclosure to the other. You must share information about your finances, including your income, assets, debts, and monthly expenses. 

It’s important to be honest and transparent during this part of the divorce process. Providing false information can result in a fine or jail time. The Mandatory Disclosure form (JDF 1125) includes a list of what must be disclosed to your spouse.

The necessary forms for financial disclosure include:

• Certificate of Compliance with Mandatory Disclosures, JDF 1104
• Sworn Financial Statement, JDF 1111

Your financial disclosures must be filed with the Colorado courts within 42 days after you jointly file the divorce petition or after you serve the divorce papers.

Step 7: Negotiate and settle

During this portion of the process, you and your spouse will decide upon the terms of your divorce. 

You and your spouse must agree upon the following:

• The equitable split of your assets and debts
• Whether or not one spouse will pay alimony or spousal support to the other
• Who will care for your children and when
• Whether or not one spouse will pay child support

If you’re already in agreement, you can skip to the next step.

If you aren’t in agreement, you may need the help of a mediator to come to common terms. Coming to an agreement on your own or with the help of a mediator will be much more efficient and cost-effective than hiring attorneys.

If you’re still unable to come to an agreement after mediation or negotiation, the court will decide the terms of your divorce.

Step 8: Court hearing and final judgment

If you and your spouse cannot come to an agreement on some of the terms of your divorce, you may need to attend a court hearing. At the hearing, both you and your spouse will present your case and the terms you desire. The judge will make a final decision on any contested aspects of the divorce.

If you and your spouse agree to the terms of divorce, have filed for an uncontested divorce, and have no minor children, you might be able to skip the hearing by filing a form. You will file your paperwork and a judge will review it. If they agree, they will sign off, finalizing your divorce. (You will still need to adhere to the 91-day waiting period.)

How much does a divorce cost in Colorado?

The base cost of a divorce in Colorado is the filing fee, which is $230. If you can’t afford the filing fee, you can request a waiver.

If you need to hire a professional server, mediator, or divorce lawyer, you will incur more fees. The median cost of hiring a divorce attorney nationally is $7000.

The less you and your spouse agree, the higher your costs will rise to finalize the divorce. Negotiations also draw out the process timeline—and the stress. It benefits both you and your spouse to find common ground quickly and efficiently on as many points as possible.

Property division in Colorado

Your property and debts will need to be divided as you move into life apart. Hopefully, you and your spouse can agree on these terms. If the judge must decide the matter, Colorado law allows each party to keep his or her non-marital property, which meets one or more of the following criteria:

• Acquired before marriage
• Acquired by gift or inheritance
• Acquired in exchange for non-marital property
• Acquired after a legal separation decree
• Designated separate by a written agreement of the parties

Colorado is not a community property state, but an equitable distribution state. This means that the court will consider many factors to fairly divide marital property between spouses. This might mean the divide is not equal, but it is considered fair.

The marital property is divided considering the following factors:

• Each party’s contribution to acquisition of the property
• The value of separate property
• Economic circumstances of the parties, including whether the custodial parent will remain in the home
• Any increase or decrease in value of separate property during the marriage, and any depletion of separate property for marital purposes

Alimony in Colorado

Spousal support, also known as alimony, is financial support paid from one spouse to the other after divorce. 

In deciding whether to award alimony, the judge must consider whether the party seeking alimony (1) lacks sufficient property to meet his or her own needs, and (2) is unable to be self-supporting by employment, or has child custody responsibilities such that employment outside the home is inappropriate.

To determine the amount and duration of alimony, the judge must consider the following:

• Financial resources and ability of the spouse seeking alimony to meet his or her own needs
• Time needed to obtain education or training to find appropriate employment
• Future earning capacity of the seeking spouse
• The standard of living established during the marriage
• Duration of the marriage
• Age, physical health, and emotional condition of the party seeking alimony
• Ability of other party to meet their own needs while paying alimony

Child custody and support in CO

If you and your spouse have any minor children, there will have to be a custody determination. Traditionally, one parent was awarded custody and the other was given visitation rights. 

Colorado, following modern trends, has replaced the concept of custody with a more nuanced approach called a parenting plan. It all comes down to figuring out how the children’s time will be divided between the parents and how decisions will be made.

If you and your spouse cannot reach an agreement on these matters, the judge will determine the parenting time by considering your situation holistically.

Colorado courts do their best to ensure that children are financially supported when one parent is able to provide. This almost always results in one parent paying money to the other. Child support takes into account the needs of the child and each parent’s ability to meet those needs. This is decided according to the Colorado child support guidelines. It’s important to note that child support is different than alimony, although alimony may be considered when calculating child support payments.

FAQs

How long does a divorce take in Colorado?

The timeline of a Colorado divorce depends upon the complexity of the case and you and your spouse’s ability to agree to the terms of the divorce. The more disagreement there is, the longer it will take.

At minimum, it will take 91 days from filing the petition to finalize the divorce. This is due to the mandatory 91-day waiting period in Colorado.

How do I change my name after my divorce in Colorado?

You can request to return to a former name when filing for divorce or responding to a divorce petition. This information should be provided on either Form JDF 1101 or JDF 1103.

If you don’t state your preference to return to a former name when filing those forms, you can do it after your divorce is finalized. To do this, you’ll fill out and file forms JDF 1824 and 1825. If you file within 60 days of the dissolution of your marriage, you don’t need to pay another filing fee.

After changing your name, you’ll need to update the relevant government agencies and on your personal accounts. 

Is Colorado a no-fault divorce state?

Colorado, like every other U.S. state, allows no-fault divorce. While some states allow at-fault divorce options, Colorado does not. In a no-fault divorce, you don’t need to prove wrongdoing in order to request the dissolution of the marriage. The only grounds for divorce are that the marriage must be irretrievably broken.

Edward A. Haman, Esq. contributed to this article.