To file for divorce in Colorado, you must have lived in the state for at least 91 days, file a Petition for Dissolution of Marriage (form JDF 1101) with a Case Information Sheet (JDF 1000) in the district court where you or your spouse lives, pay the filing fee, and serve your spouse. From the date of service, or the date of filing if you file jointly, the court cannot enter a final decree for at least 91 days. That waiting period cannot be waived, even if you agree on everything.

Colorado does not use the word “divorce” in its statutes. The process is called dissolution of marriage, and the only ground is that the marriage is irretrievably broken. There is no fault to prove and no advantage to being the one who files first.

What Are the Requirements to File in Colorado?

Three things have to be true before the court can act.

Residency. You or your spouse must have been domiciled in Colorado for at least 91 days before filing, under C.R.S. 14-10-106.

Grounds. Colorado is a pure no-fault state. The only ground is irretrievable breakdown of the marriage. Adultery, cruelty, and abandonment are legally irrelevant, and one spouse cannot block the divorce by objecting.

Venue. File in the district court of the county where either spouse resides. County court does not handle dissolution.

One jurisdictional trap worth knowing: the residency rule for the divorce itself is 91 days, but for the court to enter parenting orders, the child generally must have lived in Colorado for 182 consecutive days to establish home state jurisdiction. That means a court can dissolve your marriage while lacking authority to decide custody. If you recently moved here with children, raise this with counsel before you file.

What Forms Do You Need?

Colorado uses standardized Judicial Department Forms, available free from the Colorado Judicial Branch website.

The core filing packet:

  • JDF 1000, Case Information Sheet, required with every filing
  • JDF 1101, Petition for Dissolution of Marriage
  • JDF 1102, Summons, if you are filing alone
  • JDF 1103, Response, for the responding spouse
  • JDF 1111, Sworn Financial Statement, required from both parties
  • JDF 1113, Parenting Plan, if you have minor children
  • JDF 1115, Separation Agreement, if you reach terms

If you and your spouse file together as co-petitioners, no service is required and the 91-day clock starts at filing. That is the fastest path available.

The petition must be signed before a notary or the court clerk. You will need your date and place of marriage, date of separation, and identifying information for any minor children.

How Much Does It Cost to File?

As of 2026, the filing fee for a Petition for Dissolution in Colorado is $230, plus a $12 e-filing fee if you file electronically. The responding spouse pays $116 to file a Response.

If you cannot afford the fee, file JDF 205, a motion to waive fees, along with JDF 206. Fee waivers are granted based on inability to pay.

Other costs to plan for:

  • Service of process, typically $50 to $100 through a private process server or sheriff
  • Parenting education class, required in cases involving minor children under C.R.S. 14-10-123.7
  • Notarization and certified copies

Court fees change. Confirm the current amount with your district court clerk before you file.

What Happens After You File?

The sequence is predictable, which makes it easier to plan around.

Service. Your spouse must be personally served with the petition and summons, or sign a waiver accepting service. The 91-day clock does not start until service is complete, so delay in serving is delay in finishing.

Response deadline. Your spouse has 21 days to file a Response if served in Colorado, or 35 days if served out of state. Failing to respond does not stop the case. It allows it to proceed by default.

Financial disclosures within 42 days. Under Rule 16.2(e) of the Colorado Rules of Civil Procedure, both parties must exchange mandatory financial disclosures and file Sworn Financial Statements within 42 days. This is an affirmative duty, meaning you must volunteer material information rather than wait to be asked. Rule 16.2(e) also allows a court to reopen a property division within five years if a spouse materially misstated or omitted a material asset.

Initial Status Conference. Most counties set an ISC no later than 42 days from filing. It is a short procedural meeting with the court or a family court facilitator to set deadlines, not a hearing on the merits. Attorneys can sometimes waive attendance by submitting a stipulated case management plan.

Resolution. Either you reach agreement and submit a Separation Agreement, or contested issues go to mediation and then a hearing. Most Colorado districts require mediation before setting a contested hearing.

Decree. On or after day 91, if everything is filed, the court can enter the Decree of Dissolution. In fully agreed cases with no minor children you may be able to obtain the decree without a court appearance by filing an Affidavit for Decree Without Appearance.

How Long Does a Colorado Divorce Take?

The 91-day waiting period is a floor, not an estimate.

  • Fully agreed, no children: roughly 3 to 4 months
  • Agreed with children: 4 to 6 months, given parenting class and parenting plan requirements
  • Contested: 9 months to 2 years, longer with a business valuation or a parental responsibilities evaluation

What actually drives the timeline is disclosure and disputed issues, not court backlog. Cases where both parties produce complete financial information early finish substantially faster.

What Gets Decided in the Divorce?

Four categories, and they are decided independently of each other.

  • Property and debt division. Colorado is an equitable distribution state under C.R.S. 14-10-113, not a community property state. Marital property is divided fairly, which is often but not always equally
  • Spousal maintenance, under C.R.S. 14-10-114, which has advisory guidelines for marriages of at least three years where combined annual adjusted gross income is $240,000 or less
  • Allocation of parental responsibilities, covering both parenting time and decision-making, decided on the child’s best interests under C.R.S. 14-10-124
  • Child support, calculated under C.R.S. 14-10-115 using the income shares model

Our guides on contested versus uncontested divorce and the allocation of parental responsibilities process go deeper on each.

Colorado Divorce Filing FAQs

Can I file without my spouse agreeing?

Yes. Colorado is no-fault, and one spouse cannot prevent a dissolution. Your spouse can contest the terms, not the divorce itself.

Does it matter who files first?

Legally, almost never. Colorado does not favor the petitioner on property, maintenance, or parenting.

Can we finish faster than 91 days?

No. The waiting period under C.R.S. 14-10-106(1)(a)(III) cannot be waived by agreement or by the court.

Do I have to go to court?

Not always. In fully agreed cases, you may obtain the decree by affidavit without appearing.

What if I do not know where my spouse is?

The court can authorize service by publication or another alternative method after you show diligent efforts to locate them.

Getting the Filing Right the First Time

Errors at filing cost weeks, and the disclosure duty starts immediately.

  1. Confirm 91 days of residency, and check the 182-day rule if children recently moved here
  2. Gather documents before filing, including the marriage certificate, children’s birth certificates, tax returns, and any marital agreement
  3. Serve your spouse quickly, since the 91-day clock does not run until service is complete
  4. Take Rule 16.2 disclosure seriously. Incomplete disclosure is what gets decrees reopened years later
  5. File jointly if you can, which removes service entirely and starts the clock sooner
  6. Get advice before signing a Separation Agreement, particularly on retirement accounts and cost basis

Flatiron Legal Advisors handles dissolution matters through our Colorado divorce team, from agreed filings to contested property and parenting disputes.

Schedule a consultation to review your situation before you file.

Reviewed by the Flatiron Legal Advisors family law team. This article is general information, not legal advice for your specific case. Court fees and forms change, so verify current requirements with your district court.