Colorado Divorce Process

Statutes

Colorado Revised Statutes Title 14 Domestic Matters:

• Section 14-10-105 – There must be a petition for a dissolution of a civil union or marriage. The other party must respond to the petition.
• Section 14-10-106 – One spouse must say the marriage is broken and at least one of the spouses must have lived in Colorado for 91 days prior to the divorce proceeding. Even if you move after the petition starts, the Colorado courts will handle the process.
• Section 14-10-107 – Both parties must be civil and continue temporary child custody agreements until the divorce is final.

Filling Out the Divorce Petition

The divorce petition and overall process will ask for some specific items that you must complete or answer, including:

• Where you live now;
• If you have lived in Colorado for the past 91 days;
• The day and place where the wedding certificate was signed;
• The day you decided to separate or ask for a divorce;
• Any arrangements already in place for your children;
• The specific outcome you want (i.e., divorce or legal separation);
• Your Social Security number; and
• Any restraining orders or protection orders filed against either party within the past two years (Section 14-10-1078).

Divorce Proceedings

The following steps are common during Colorado divorce processes:

1. One spouse says the marriage is irretrievably broken;
2. Your attorney creates the divorce petition;
3. A court official hands your spouse the petition and a summons to appear in court, which is known as “serving” them;
4. Your spouse has 35 days to respond to the petition;
5. You must provide written acknowledgment that you understand the divorce petition;
6. The judge will likely create temporary orders (Section 14-10-108) for custody, child support, property division, or other legal issues;
7. You and your spouse either agree to the terms of the divorce or go to a court hearing;
8. The divorce terms change until you agree to them, or a judge makes the final ruling;
9. Both parties sign the document and the divorce is final.

If a spouse is missing, the courts will try to find and notify them to the best of their ability. The missing spouse has 35 days to respond or the divorce will proceed.

Where to File for Divorce

Colorado requires you to file at the District Court level. These 22 different courts are divided by city or county, so you need to find the closest one to where you live. An attorney can explain the process and help you file all paperwork correctly, or you can research how to start the process yourself.

You can expect the cost to be around $230 to file the petition (Section 13-32-101(1)(a)). You may have to pay other court, filing, or attorney fees.