How to File an Uncontested Divorce in Colorado

What Makes a Divorce "Uncontested" in Colorado?

An uncontested divorce, called a "dissolution of marriage" under Colorado divorce law, means you and your spouse agree on every issue: property division, debt allocation, spousal maintenance, and if applicable, parenting time and child support. Colorado courts handle approximately 25,000 divorce filings annually, with uncontested cases resolving significantly faster—often within 3-4 months compared to 12+ months for contested matters.

Step-by-Step Filing Process

1. Meet Residency Requirements

At least one spouse must have lived in Colorado for 91 days before filing (C.R.S. § 14-10-106). You'll file in the district court of the county where either spouse resides.

2. Prepare and File Your Petition

Complete the "Petition for Dissolution of Marriage" (JDF 1101) and supporting documents. Colorado requires only that you state the marriage is "irretrievably broken"—no fault grounds needed under Colorado statutes. The filing fee is $230, though fee waivers are available for those who qualify financially.

3. Draft Your Separation Agreement

This document outlines how you'll divide assets and debts following Colorado's equitable distribution model. Include provisions for spousal maintenance if applicable. For couples with children, you'll also need a parenting plan addressing decision-making responsibility and parenting time. Review the Colorado divorce checklist to ensure you haven't missed required documents.

4. Serve Your Spouse

Even in uncontested cases, your spouse must be formally served or sign a Waiver and Acceptance of Service. Most uncontested couples choose the waiver option to save time and money.

5. Wait the Mandatory Period

Colorado imposes a 91-day waiting period from the date your spouse is served (C.R.S. § 14-10-106). This "cooling off" period cannot be waived, even by agreement.

6. Finalize Your Divorce

Once 91 days pass, submit your signed separation agreement and proposed Decree of Dissolution. Many uncontested divorces in Colorado finalize without a court hearing—the judge reviews your paperwork and signs the decree if everything is in order.

What Are the Costs?

According to Colorado divorce statistics, the median cost for an uncontested divorce ranges from $500-$1,500 when handled without attorneys, compared to $15,000-$30,000 for contested cases. Self-representation forms are available through Colorado court resources, though consulting a family law attorney is advisable if you have significant assets, own a business, or have complex custody considerations.

Common Mistakes to Avoid

• Incomplete financial disclosure: Colorado requires sworn financial statements even in uncontested cases
• Forgetting retirement accounts: QDROs may be needed for pension or 401(k) division
• Vague parenting plans: Courts scrutinize child-related provisions closely

For more guidance on the overall process, see our comprehensive guide on uncontested divorce basics.