Divorce Checklist for Colorado

Under Colorado Revised Statutes § 14-10-106(1)(a)(III), at least one spouse must have been domiciled in Colorado for a minimum of 91 days before the court can enter a decree of dissolution. Colorado uses a dual 91-day requirement: you must establish 91 days of residency and a separate 91-day waiting period runs after service. Gather documentation proving your Colorado domicile such as a valid Colorado driver's license, voter registration card, utility bills showing your Colorado address, lease or mortgage agreement, or employment records. If you recently relocated to Colorado, ensure you can demonstrate continuous physical presence for the full 91-day period before filing. The court will verify domicile at the time of the final hearing, so maintaining your Colorado residence throughout the proceedings is essential. File your case in the district court of the county where either you or your spouse resides.

Before filing your Colorado divorce petition, collect all critical personal and family documents you will need throughout the proceedings. Under Colorado Rule of Civil Procedure 16.2(e), both parties must exchange mandatory financial disclosures within 42 days of filing or service, so having documents organized in advance prevents delays. Obtain a certified copy of your marriage certificate from the county clerk where you married, or order one from the Colorado Department of Public Health and Environment if you married in Colorado. Collect birth certificates for all minor children of the marriage, Social Security cards for yourself and children, any existing prenuptial or postnuptial agreements, and prior court orders affecting custody or support from other jurisdictions. Having these documents ready ensures you can accurately complete JDF 1101 (Petition for Dissolution of Marriage) and JDF 1111 (Sworn Financial Statement) without delays or errors that could slow your case.

Colorado Rule of Civil Procedure 16.2(e) requires both parties to exchange comprehensive financial disclosures within 42 days of the co-petition filing date or service of the petition. The mandatory disclosure list is outlined in JDF 1125 (Mandatory Disclosure – Form 35.1) and includes federal and state tax returns for the last three years, pay stubs for the last three months, statements for all bank accounts, retirement accounts, investment accounts, and credit cards, copies of all insurance policies (health, life, auto, homeowner), real estate deeds and mortgage statements, vehicle titles and loan documents, and business financial statements if self-employed. Begin gathering these documents before filing to meet the strict 42-day deadline. Under a simplified disclosure option available since 2023, couples with no children, no maintenance request, under $100,000 in non-home equity, and under $50,000 in non-mortgage debt may waive document exchange but must still file JDF 1111.

If you are experiencing domestic violence, threats, or abuse from your spouse, Colorado law provides critical protections that should be addressed before or simultaneously with filing for divorce. Under C.R.S. § 13-14-104.5, you can request a temporary civil protection order from any Colorado county court, which takes effect immediately without the abuser being present. The court can order the abuser to vacate the shared residence, grant you temporary custody of minor children, prohibit contact, and require the surrender of firearms. Contact Violence Free Colorado (violencefreecolorado.org) for local shelter referrals and safety planning, or call the National Domestic Violence Hotline at 1-800-799-7233 for 24-hour crisis assistance. If domestic violence is present, the court cannot order mediation under C.R.S. § 13-22-311, and you may qualify for expedited hearings. File your protection order petition at any district or county court clerk's office—there is no filing fee for protection orders in Colorado.

The Petition for Dissolution of Marriage or Legal Separation (JDF 1101) is the foundational document that initiates your Colorado divorce case. This five-page form requires detailed information including full legal names and addresses of both spouses, date and place of marriage, date of separation, whether either party is pregnant, names and birth dates of all minor children, and your requests regarding property division, spousal maintenance (support), and allocation of parental responsibilities. Under C.R.S. § 14-10-110, you must allege that the marriage is irretrievably broken—Colorado is a no-fault divorce state, so you do not need to prove wrongdoing. If filing jointly with your spouse (co-petition), both parties sign JDF 1101. If filing alone, only the petitioner signs. The petition must be signed before a notary public or the court clerk. Download JDF 1101 from the Colorado Judicial Branch self-help center at coloradojudicial.gov/self-help/divorce-and-separation.

If you are filing the petition alone (not jointly), you must also complete the Summons for Dissolution of Marriage or Legal Separation (JDF 1102). The summons formally notifies your spouse that a divorce case has been filed and contains the automatic temporary injunction required under C.R.S. § 14-10-107(4)(b). This injunction goes into effect immediately upon filing for the petitioner and upon service for the respondent, prohibiting both parties from transferring or concealing marital property, removing minor children from Colorado, canceling insurance policies without 14 days' written notice and consent, and molesting or disturbing the peace of the other party. If you have minor children, you must also prepare JDF 1113 (Parenting Plan) either jointly or as a proposed plan. Prepare at least two copies of all documents—one for the court, one for service on your spouse, and one for your personal records. Complete all forms legibly in black ink or type them.

File your completed petition (JDF 1101), case information sheet (JDF 1000), summons (JDF 1102, if applicable), and any other initial documents with the clerk of the district court in the county where you or your spouse resides. The filing fee is $230.00 plus a $12.00 e-filing fee if filing electronically through the Colorado Courts E-Filing system at jbits.courts.state.co.us/efiling. Payment can be made by cash, check, money order, or credit card at most courthouses. If you cannot afford the filing fee, file JDF 205 (Motion to File Without Payment) and JDF 206 (Supporting Financial Affidavit) requesting a fee waiver—the court will review your financial situation and may grant the waiver, though the $12 e-filing fee is not waivable. Upon filing, the clerk will assign a case number and stamp your documents as filed. The automatic temporary injunction under C.R.S. § 14-10-107 takes effect against the petitioner immediately upon filing. Keep your stamped copies in a safe location.

If you did not file jointly, you must formally serve your spouse with copies of the filed petition, summons, and case information sheet. Under Colorado Rule of Civil Procedure 4, service may be accomplished by personal delivery through a sheriff's deputy, licensed private process server, or any person over 18 who is not a party to the case. Alternatively, your spouse can voluntarily sign JDF 1102(a) (Waiver and Acceptance of Service) before a notary public or court clerk, which has the same legal effect as formal service. The server must complete JDF 1102(b) (Return of Service) documenting the date, time, and location of service, and this form must be filed with the court. The 91-day waiting period under C.R.S. § 14-10-106 begins on the date of service or waiver. If your spouse cannot be located after diligent efforts, you may file JDF 1301 (Motion for Alternative Service) requesting permission for service by certified mail or publication in a local newspaper for five consecutive weeks.

After being served, your spouse (the respondent) has 21 days to file a Response (JDF 1103) with the court if served within Colorado, or 35 days if served outside of Colorado, as specified in the summons under Colorado Rule of Civil Procedure 12. The response allows the respondent to agree or disagree with each statement in the petition and to make their own requests regarding property division, maintenance, and parental responsibilities. If the respondent does not file a response within the deadline, the court may enter a default judgment granting the petitioner's requests without further input from the respondent. However, failing to respond does not stop the divorce from proceeding. The respondent must also pay a response filing fee to the court clerk when filing. If your spouse files a response, the case proceeds as a contested matter; if you agree on all issues, the case can move forward as uncontested even after a response is filed.

Within 42 days of the date the co-petition was filed or the date the respondent was served, both parties must complete and exchange mandatory financial disclosures under Colorado Rule of Civil Procedure 16.2(e). Each party must file a Sworn Financial Statement (JDF 1111) with the court, detailing all income, monthly expenses, assets, and debts. Additionally, both parties must exchange the documents listed in JDF 1125 (Mandatory Disclosure – Form 35.1), which includes three years of tax returns, three months of pay stubs, statements for all financial accounts, insurance policies, real estate documents, and business records. After exchanging all required documents, each party must file a Certificate of Compliance (JDF 1104) with the court certifying that all disclosures have been provided. Failure to comply with disclosure requirements can result in court sanctions, attorney fee penalties, or adverse rulings on property division. The court cannot finalize the divorce without completed financial disclosures from both parties.

Under C.R.S. § 14-10-123.7, all parents with minor children under 18 who are parties to a dissolution of marriage, legal separation, or allocation of parental responsibilities case must complete a court-approved parenting education course (Level 1). This course educates parents about the impact of divorce and separation on children, effective co-parenting communication strategies, and how to minimize conflict to protect children's well-being. The course typically lasts 2-4 hours and is available both in-person and online through court-approved providers in most judicial districts, though some counties do not accept online courses—check with your local court clerk. Each parent must pay the course fee individually (typically $35-$75) and file a certificate of completion with the court. The court cannot waive the course fee. If parents continue to have high conflict, the court may order a more intensive Level 2 course, which consists of four 2-hour sessions over four weeks. Complete this requirement as early as possible to avoid delays in finalizing your case.

Most Colorado district courts schedule an Initial Status Conference (ISC) within 35-42 days of filing, using JDF 1120 (Notice of Domestic Relations Initial Status Conference). At this conference, the court sets deadlines for discovery, disclosures, mediation, and trial. The court may also address temporary orders for child support, maintenance, parenting time, and use of the marital home under C.R.S. § 14-10-108. If you need temporary orders before the ISC, you must seek prior court approval per Colorado Rule of Civil Procedure 16.2(c)(4)(B) by filing JDF 1106 (Motion for Temporary Orders). The ISC is an opportunity to identify contested issues and explore settlement. Colorado courts strongly encourage mediation under C.R.S. § 13-22-311 for parenting disputes and may order parties to mediate before trial. The court can assign a mediator through the Office of Dispute Resolution (ODR) for up to two hours at no cost, or parties may select and pay for a private mediator. Work toward a separation agreement (JDF 1115) to resolve property, support, and parenting issues without trial.

Under C.R.S. § 14-10-106(1)(a)(III), the court cannot enter a Decree of Dissolution of Marriage until at least 91 days have elapsed from the date the respondent was served, signed a waiver of service, or the date a joint petition was filed. This 91-day mandatory waiting period is strictly enforced—even fully agreed-upon cases cannot be finalized before day 91. If both parties have reached a complete settlement, they may submit a signed Separation Agreement (JDF 1115), Parenting Plan (JDF 1113, if children), and proposed Decree (JDF 1116) along with an Affidavit for Decree Without Appearance (JDF 1201) to request finalization without a court hearing. If issues remain contested after mediation and negotiation, the court will schedule a permanent orders hearing or trial. At the hearing, the judge considers evidence on property division under C.R.S. § 14-10-113 (equitable distribution), maintenance under C.R.S. § 14-10-114, child support under C.R.S. § 14-10-115, and parenting responsibilities under C.R.S. § 14-10-124. The decree becomes final upon entry.