Can You Get a Divorce Without the Other Person Signing in Colorado?

Yes. In Colorado, one spouse can obtain a divorce without the other spouse signing or agreeing, because Colorado is a no-fault state and the court may dissolve the marriage if it is irretrievably broken. You do not need your spouse’s cooperation, signature, or consent to move forward. At Baker Law Group, PLLC, we regularly help clients across Colorado file for divorce and see it through to a final decree, even when the other spouse refuses to participate at every stage. 

This guide explains exactly how to move forward, what the process looks like when your spouse is uncooperative, and what you can do to protect your outcome from day one.

Colorado Law Allows One Spouse to End the Marriage

Colorado is a no-fault divorce state. Under C.R.S. § 14-10-106, the only ground for divorce is that the marriage is irretrievably broken. You do not have to prove your spouse did anything wrong. Nor do you need their agreement. Their signature on the petition is not required either. Filing the petition yourself and asserting that the marriage cannot be repaired is legally sufficient for the court to proceed.

Your spouse’s refusal to participate does not give them veto power over the divorce. It does, however, affect how the process unfolds and how quickly you can reach a final decree. Understanding what happens at each step lets you plan around their likely behavior rather than react to it.

What Happens After You File

Once you file the petition for dissolution of marriage, your spouse must receive formal service of the petition and summons. Proper service is your responsibility as the petitioner, and the 91-day waiting period does not begin until that service completes. If your spouse is cooperative, they can sign a Waiver of Service, which moves things along faster. If they are not, you will need to arrange for a process server or sheriff’s deputy to serve them personally.

After service, your spouse has 21 days to file a written response if they are in Colorado, or 35 days if the court served them outside the state. What they do next determines which path your case takes.

If you are in the Denver metro area and want to make sure the filing and service process is handled correctly from the start, a Denver divorce lawyer at Baker Law Group, PLLC can manage every step so nothing delays your 91-day clock.

When Your Spouse Misses the Response Deadline

If your spouse does not file a response within the deadline, you can ask the court for a default judgment under C.R.C.P. 55. A default judgment allows the case to move forward without their participation. The court reviews your petition and the relief you requested. Judges retain discretion and will not automatically grant every term you asked for, particularly on parenting and support issues. However, your requests carry significant weight when the record contains no opposing position.

This is one of the most important reasons to file a well-prepared petition. What you ask for in that document becomes the foundation of what the court considers when your spouse defaults. Working with an attorney to draft a thorough, well-supported petition is not just procedural. It is strategic.

If Your Spouse Responds but Will Not Cooperate

A spouse who files a response but refuses to negotiate or agree on terms turns the case into a contested divorce. This is common when one spouse is trying to delay the process, maintain control, or simply make things as difficult as possible. A contested divorce takes longer and costs more, but it does not prevent you from reaching a final decree. Colorado courts have the tools to keep cases moving even when one party is uncooperative.

The court can issue temporary orders early in the case covering property use, financial support, and parenting time while the divorce is pending. If your spouse misses deadlines, fails to comply with disclosure requirements under C.R.C.P. 16.2, or violates court orders, your attorney can file motions to compel compliance. Judges take this seriously, and repeated non-compliance has consequences.

Along the Southern Front Range, clients dealing with uncooperative spouses in El Paso County work with a Colorado Springs divorce lawyer at our firm who knows how to keep cases on track through the local district court’s case management process.

How to Strengthen Your Position From the Start

When you anticipate that your spouse will be uncooperative, preparation before you file makes a meaningful difference in how the case unfolds.

Gather financial documents before you file. Pull tax returns, bank statements, retirement account statements, pay stubs, mortgage documents, and credit card records. Once your spouse knows the divorce is filed, access to joint accounts and shared records can become complicated quickly.

Open individual accounts in your name only. Do this before filing if possible. A separate account protects your income and covers your expenses during the divorce process.

Document everything. If your spouse has already made financial moves that concern you, such as unusual withdrawals, asset transfers, or changes to insurance policies, flag these for your attorney immediately. Acting early gives the court a clearer picture of what the marital estate looked like before the divorce began.

Be precise about what you ask for in the petition. In a default scenario especially, your petition is your strongest tool. Vague or incomplete requests give the court less to work with. They also give an uncooperative spouse more room to challenge terms later.

For clients in Northern Colorado preparing to file against an uncooperative spouse, a Fort Collins divorce lawyer at Baker Law Group, PLLC can help you build a petition and case strategy designed to move forward efficiently regardless of what your spouse does next.

Talk to Our Colorado Divorce Attorney Before You File

The decision to file is significant, and the steps you take before and immediately after filing shape everything that follows. At Baker Law Group, PLLC, we help clients across Colorado move forward with divorce even when their spouse refuses to cooperate, delays the process, or makes every step harder than it needs to be. Contact us today to schedule a confidential consultation with a Colorado divorce attorney and get a clear plan for moving your case forward on your terms.