Filing for divorce—officially called a “dissolution of marriage”—in Colorado often feels overwhelming due to the emotional toll and legal requirements. Although the process for initiating a divorce is relatively straightforward, many individuals still find the details confusing. Below, we outline the main steps for filing a divorce in Colorado, highlight critical legal requirements, and explain what to expect once you involve the courts. (For the full list of court-provided forms in Colorado, CLICK HERE)
Three Main Categories When Filing for Divorce in Colorado
- Filing the Petition for Dissolution of Marriage and Summons
- Serving the Petition for Dissolution of Marriage
- Beginning the Court Process
Continue reading to learn how each category works and what you need to do at every stage.
The Petition
A Petition for Dissolution of Marriage initiates your divorce case in Colorado. The state follows a “no-fault” system under C.R.S. § 14-10-106, so neither spouse must prove wrongdoing—only that the marriage is “irretrievably broken.” With over 20,000 divorces filed each year (per the Colorado Department of Public Health & Environment), understanding the legal process and meeting the required steps can help you avoid unnecessary stress. Before you file, at least one spouse must have lived in Colorado for at least 91 days. If you have minor children, they typically must reside in Colorado for 182 days (six months) before a Colorado court can decide custody (also called allocation of parental responsibilities). These rules establish whether the court has jurisdiction. If you fall short of these requirements, consider waiting until you meet them or explore filing in a different state that has proper jurisdiction.
The Summons
In addition to the petition, it may also be necessary to file a Summons for Dissolution of Marriage and Temporary Injunction. When you file a Petition for Dissolution of Marriage, you may also need to file a Summons for Dissolution of Marriage and Temporary Injunction. Whether or not you need a Summons depends on how you file the petition:
- Co-Petition: If both spouses sign and file the petition together (co-petition), a Summons is not necessary.
- Sole Filing: If only one spouse files the petition, that filing spouse must also prepare and file a Summons and then serve it on the other spouse.
The Summons notifies the other spouse (often called the “Respondent”) that a divorce action has been initiated. It explains the steps the Respondent must take to file a response and outlines critical information about the automatic temporary injunction. This injunction becomes effective when either (1) both parties file a co-petition, (2) the filing spouse serves the Petition and Summons, or (3) the Respondent waives service. The injunction helps preserve the status quo during the divorce process. It prevents either spouse from removing minor children from Colorado without permission or a court order, and it restricts both parties from transferring, concealing, or encumbering marital property outside normal business or living expenses. It also forbids either spouse from canceling, modifying, or lapsing on insurance policies.
After you complete the Petition and Summons, you must file these documents with the court. If you do not have an attorney (pro se), you typically file in person at the clerk’s office. Attorneys usually file electronically through the Colorado Courts E-Filing system. Once filed, the court refers to the person who initiated the divorce as the “Petitioner,” while the other spouse becomes the “Respondent” or “Co-Petitioner,” depending on whether both spouses signed and filed the petition together.
Service of the Petition and Summons
Under C.R.C.P. 4, you must ensure the other party (the Respondent) receives formal notice of the divorce by serving the Petition and Summons. Usually, a professional process server or the County Sheriff’s Office carries out this personal service. After the delivery takes place, the individual who served the documents must file an Affidavit of Service with the court, confirming that service has been completed.
If the Respondent is willing to sign a waiver of service, you can avoid personal service altogether. By signing a waiver, the Respondent acknowledges they received notice of the divorce and are waiving formal service requirements. However, this waiver does not surrender any substantive rights in the divorce. Once signed, the waiver is filed with the court in place of an Affidavit of Service.
Finally, if both spouses file a co-petition, no Summons or personal service is required. The co-petition itself proves both parties know about the divorce filing and consent to moving forward with the legal process.
Beginning the Court Process
Once the petition or co-petition is filed, the court usually issues a case management order outlining key requirements and procedures. This order can arrive promptly after you submit the petition, so you can often serve it on the other party alongside the petition and summons. If you receive the order later, you must provide it to the other party and notify the court that they have received it. Paying close attention to the deadlines and instructions in the case management order is crucial—failing to comply can delay your case or result in other penalties.
Initial Status Conference
Along with the case management order, the court will issue instructions for an initial status conference. This conference must typically occur within 42 days of filing the petition. It is a brief appearance, often before a judge or a Family Court Facilitator, to review the logistics of your case. During this meeting, you may discuss potential deadlines, whether experts are needed, and scheduling future hearings. In some jurisdictions, the court assigns a date for this conference; in others, the Petitioner must contact the court to obtain a conference date.
Case Management Order
The case management order also details mandatory financial disclosures governed by C.R.C.P. 16.2, including Form 35.1. Although these disclosures must be completed within 42 days of service of the petition, many courts now require completion before the initial status conference. After the conference, your case may proceed toward settlement or trial, depending on the unique issues involved. Even though filing for divorce in Colorado is relatively straightforward, the court process and emotional complexities can make the overall journey challenging. If you encounter confusion or difficult legal questions, consulting with a qualified attorney can help you stay compliant with court requirements and navigate the path to finalizing your divorce.