What You Need to Know About Filing for Divorce in Colorado
A divorce can be stressful, and many people find the divorce process daunting. Here’s everything you need to know about filing for divorce in Colorado.
Couples that meet Colorado’s divorce requirements can begin divorce proceedings jointly or separately. Many individuals choose to consult with a divorce attorney to navigate filing for divorce in Colorado.
Steps to the Colorado Divorce Process
The Colorado divorce process looks different for each case. If a couple has only been together for a short time, the divorce process may be quicker and simpler. However, if a couple has been married for a long time, accumulated assets together, or has minor children, divorce may take longer.
In addition, the Colorado divorce may be more complicated if a couple cannot agree on dividing assets or custody of children. Here are the general steps for the Colorado divorce process.
Step 1: Determine if Colorado is the Appropriate State in Which to File for Divorce
First, an individual couple should confirm that Colorado is the correct state to file. To file for divorce in Colorado, an individual must claim that the marriage is “irretrievably broken.” In addition, a couple must live in Colorado for at least 91 days before filing for divorce. If a couple has children who have not lived in Colorado for at least 182 days, a Colorado court may not be able to determine parental responsibilities.
Step 2: Find the Correct District Court
Colorado’s District Courts handle divorce proceedings. An individual can find the Colorado District Court for their county here.
Step 3: Decide Whether to File Jointly or Separately
A couple must decide whether to file together or as one. The court has no say in this decision. The process looks different for couples that file jointly and separately.
Related: Types of Divorce: What Are My Divorce Options?
Step 4: File for Divorce
If a couple chooses to file jointly, Colorado considers them a “petitioner” and “co-petitioner.” The couple should fill out the following forms:
The couple must also fill out the Verification on the last page of the Petition. Each partner must complete and sign this section.
Next, the couple or individual partner must file the forms with the clerk at the appropriate district courthouse. The clerk will also ask for a $230 filing fee. If an individual cannot pay the fee, they can fill out and file the following two forms:
- JDF 205 Motion to File Without Payment and Supporting Financial Affidavit
- JDF 206 Finding and Order Concerning Payment of Fees
If the couple decides to file separately, the process looks slightly different. One partner must file the following forms:
- JDF 1000 Case Information Sheet,
- JDF 1101 Petition for Dissolution of Marriage or Legal Separation, and
- JDF 1102 Summons for Dissolution of Marriage or Legal Separation
Only one partner must fill out the Verification on the last page of the Petition. After filing, the clerk will return a signed copy of JDF 1102 Summons for Dissolution of Marriage or Legal Separation to serve the spouse.
Step 5: Serving Divorce Papers
If a couple files separately, the Petitioner must serve a signed copy of JDF 1102 Summons for Dissolution of Marriage or Legal Separation to the Respondent. A Petitioner cannot serve this form personally but has several options to arrange service.
The first option is the local sheriff’s department, which charges a fee for service. The next option is a private process server, which will also incur a fee. The third option is any person who is at least 18 years old and not involved in the case. If a couple files jointly, there’s no need to serve divorce papers.
Step 6: Complete Additional Forms and Read the Case Management Order
The clerk may ask an individual to fill out additional forms after filing. The clerk will also give an individual their Case Management Order, which contains important information, including the date of the Initial Status Conference.
Step 7: Go to the Initial Status Conference
Both partners should attend the Initial Status Conference. If a couple files separately, the Petitioner must give their spouse notice at least 14 days before the meeting. The court can provide advice for giving notice. Legally, the Initial Status Conference must happen within 42 days of filing.
At the Conference, a couple meets with a Family Court Facilitator. The Facilitator will help with the next steps but cannot give legal advice. An experienced divorce attorney can help an individual with their case.
Colorado Divorce Residency Requirements
To file for divorce in Colorado, at least one partner in a marriage must have been a Colorado resident for at least 91 days immediately before filing. For a Colorado court to consider parental responsibilities, the children must have been residing in Colorado for at least 182 days before the divorce filing.
Grounds for Divorce in Colorado
The only grounds for divorce in Colorado is an “irretrievable breakdown” of a marriage. In addition, Colorado is a no-fault state, meaning a court does not consider which partner is responsible for this breakdown.
Related: Contested and Uncontested Divorce: The Difference
Colorado Divorce Forms
If a couple files for divorce jointly, they must fill out and file these forms:
An individual who files separately must complete this additional form:
- JDF 1102 Summons for Dissolution of Marriage or Legal Separation
The following forms are for individuals who cannot pay the $230 divorce filing fee:
- JDF 205 Motion to File Without Payment and Supporting Financial Affidavit
- JDF 206 Finding and Order Concerning Payment of Fees
After filing the above forms, the court clerk may order an individual to file one or several of these additional forms:
- JDF 1111 Sworn Financial Statement
- JDF 1104 Certificate of Compliance with C.R.C.P. 16.2(e)
- JDF 1115 Separation Agreement
- JDF 1113 Parenting Plan
- JDF 1116 Decree of Dissolution of Marriage or Legal Separation
- JDF 1117 Support Order
- JDF 1129 Petitioner/Co-Petitioner/Respondent Pre-Trial Statement
How Much Does a Divorce Cost in Colorado?
Colorado charges a $230 filing fee for divorce proceedings. An individual who cannot afford the fee can file JDF 205 and JDF 206 instead.
Contact Us
If you or a loved one would like to learn more about File for Divorce Colorado, get your free consultation with one of our Divorce Attorneys in Colorado today!