Start your divorce online in Colorado

Couples who want to file for divorce in Colorado must ensure they meet the residency requirements, or else Colorado courts won’t have jurisdiction to enter the final decree.

Under the state laws, at least one spouse must be a resident of Colorado and have lived there for 90 or more days.

The law also requires the couple’s minor children to have lived within the state limits for 182 days or since birth in order to address the child-related issues.

Colorado is a purely no-fault state, meaning the spouses can’t use fault grounds for divorce. It’s called an irretrievable breakdown of the marriage.

Both spouses must state under oath that their marriage is irretrievably broken for the court to presume it is true. Another option is for one party to state it and the other to not deny it.

However, if one spouse is against divorce, the judge may suggest the couple seek counseling and reschedule the hearing.

The courts responsible for handling divorce in Colorado are District Courts. The venue for divorce should be the court in the county where the respondent resides.

The petitioner must collect and complete the necessary legal forms and file the original papers and copies with the district clerk’s office. The initial documents include the Petition for Dissolution, Case Information Sheet, and Summons.

Both parties must sign the Petition if they file together. Otherwise, only a filing spouse and their attorney need to sign this form.

The filing fee to start divorce proceedings in Colorado is $230. A petitioner must pay this sum when submitting the paperwork to the district court. The response papers also have a fee of $116.

If a person cannot afford to cover the fee, they can request a fee waiver by filing:

• the JDF 205 form, which is a motion to proceed without payment,
• the JDF 206 form (a blank Order),
• financial proof of indigency, e.g., pay stubs, bank statements, etc.

If the parties did not file as co-petitioners, the filing spouse must notify the other party about the divorce.

The service means bringing the copies of all papers to the other party and obtaining their signature as the acknowledgment of service.

The options to serve the respondent are the following:

• the respondent signs the Waiver and Acceptance of Service form
• a sheriff or a private process server takes the papers to the respondent
• by mail or publication after the court approval

When the other party has been served with the divorce papers, the couple must wait 91 days before they can get a final decree. If the spouses file for dissolution together, the waiting period begins when they file the Petition.

The parties might have to attend the Initial Status Conference, which is usually scheduled 42 days after the initial filing.

The court may also require the spouses to complete the parenting program, which can extend the time needed for divorce.

The spouses pursuing an uncontested divorce usually need to attend a short hearing where the judge will review the submitted papers, such as the settlement agreement with provisions on assets and debts division, child custody, support, etc.

A copy of the final decree will be mailed to the petitioner after the hearing. For this reason, they should provide the court with a self-addressed stamped envelope. If the spouses filed their case using the e-filing system, the envelopes might not be required.