Divorce is a life-changing decision that comes with complex legal and emotional challenges. Whether you’re just beginning to consider your options or are ready to move forward, understanding the divorce process can help you navigate the legal system more effectively and protect your rights from the start.
Colorado law provides a clear framework for dissolving a marriage, but completing each step correctly matters—especially when finances, property, and children are involved. This guide walks you through the full process of filing for divorce in Colorado, with practical detail at every stage. Baker Law Group, PLLC works with individuals throughout the Denver area going through divorce and can help you understand your rights and options.
Step 1: Determine Eligibility
Before filing for divorce, you must meet Colorado’s residency requirement. According to CRS §14-10-106, at least one spouse must have lived in Colorado for at least 91 days before filing a petition for divorce. If children are involved, they must have lived in Colorado for at least 182 days (or since birth, if younger than six months) for the court to have jurisdiction over custody and parenting matters.
Colorado is a no-fault divorce state, meaning neither party is required to prove wrongdoing. The only grounds required are that the marriage is “irrietrievably broken.”
Step 2: Prepare and Complete the Divorce Forms
To initiate a divorce, you must file a Petition for Dissolution of Marriage. If both spouses agree to the divorce, they can file a joint petition, which streamlines the process. If one spouse files alone, they are the petitioner and the other becomes the respondent. The forms required will depend on your situation—whether you have children, whether the divorce is contested, and other factors. It’s important to make sure everything is filled out accurately to avoid issues down the line.
Common documents required to file include:
- Petition for Dissolution of Marriage
- Case Information Sheet
- Summons for Dissolution of Marriage (if filing alone)
- Parenting Plan (if children are involved)
- Sworn Financial Statements
The filing fee for divorce in Colorado is approximately $230 (subject to change), though fee waivers may be available for those who qualify.
Step 3: File Your Forms with the Court
Once your documents are complete, you’ll file them with the appropriate Colorado district court. In Denver, that is the Denver District Court, which handles all divorce matters in the city and county of Denver. Upon filing, the court assigns a case number and sets your matter in motion. If you filed jointly, the process can move forward without additional service steps. If only one party filed, you’ll need to complete the next step.
Step 4: Serve Your Spouse (If Filing Alone)
If you file for divorce without a joint agreement, Colorado law requires that the other spouse be properly served with legal papers. This can be done through:
- Personal Service – A sheriff, private process server, or any adult over 18 who is not involved in the case delivers the documents.
- Waiver and Acceptance of Service – Your spouse can sign a waiver acknowledging receipt of the documents.
Once served, the responding spouse has 21 days to file a response if they live in Colorado, or 35 days if they live out of state. Failing to properly serve your spouse can delay or invalidate your case.
Step 5: Disclose Financial Information
Both spouses must exchange full financial disclosures within 42 days of the divorce petition being filed. These documents include income and expenses, assets and debts, bank accounts, investments, and retirement plans. Both parties must complete a Sworn Financial Statement and provide supporting documentation. Full disclosure is essential to ensuring transparency and reaching a fair division of marital property and financial responsibilities.
Step 6: Request Temporary Orders (If Needed)
During the divorce process, either party may ask the court for temporary orders to address short-term needs. These can cover who stays in the home, temporary spousal support, responsibility for bill payments, and protection of marital assets. Temporary orders remain in place until the divorce is finalized and can be requested early in the process through a motion and hearing.
Step 7: Attend the Initial Status Conference
Within 40 days of filing, the court will schedule an Initial Status Conference (ISC). This is a procedural meeting with a judge or family court facilitator—not an opportunity to argue your case. The court will set deadlines and determine whether mediation or temporary orders are needed. Attending the ISC is mandatory unless waived by the court, and your divorce cannot move forward until this meeting occurs.
Step 8: Negotiate a Settlement or Go to Mediation
Many divorces in Colorado are resolved through negotiated settlement or mediation rather than trial. If you and your spouse agree on the major issues, you can draft a Separation Agreement outlining your decisions on property division, spousal support, and child custody, and submit it to the court for approval.
Key issues addressed in a divorce settlement include:
- Division of Marital Property: Colorado follows equitable distribution, meaning assets and debts are divided fairly, though not necessarily equally.
- Spousal Support (Alimony): Courts consider factors such as income disparity, the length of the marriage, and each spouse’s financial need when awarding spousal maintenance.
- Child Custody and Support: Colorado courts prioritize the child’s best interests when determining parenting time and child support obligations.
If there is disagreement on any of these issues, the court may require mediation before setting a trial. You can bring your attorney to mediation, and any agreement reached can become part of your final divorce order.
Step 9: Attend Required Hearings
If all divorce-related matters are agreed upon, a final hearing may not be required. However, if disputes remain unresolved, the court may schedule hearings where both parties present their arguments. If child custody is contested, additional evaluations and court involvement may be necessary.
Step 10: Obtain the Decree
In Colorado, there is a mandatory 91-day waiting period after the divorce petition is filed before a divorce can be finalized. Once that period has passed, all paperwork has been submitted, and all issues are resolved, the judge will sign a Decree of Dissolution of Marriage—officially ending the marriage and enforcing the terms of the settlement or trial orders.
How Long Does a Divorce Take in Colorado?
The timeline depends on the complexity of your case. Uncontested divorces can be finalized in as little as three to four months, while contested divorces may take six months to over a year if litigation is necessary.
Do You Need a Lawyer for a Divorce in Denver?
While it is possible to handle a divorce without legal representation, working with an experienced Denver divorce lawyer can help ensure your rights are protected at every stage. Legal assistance is especially valuable in cases involving:
- High-value assets or complex property division
- Child custody disputes
- Alimony or spousal maintenance claims
- Business ownership
Denver’s family courts have specific local rules and procedures, and having a knowledgeable attorney on your side can make a meaningful difference in the outcome of your case—whether you’re negotiating a settlement or heading to trial.
Speak to a Denver Divorce Lawyer Today
Filing for divorce can be emotionally and legally challenging, but you don’t have to go through it alone. The attorneys at Baker Law Group, PLLC assist clients throughout the Denver area with all aspects of divorce—from filing paperwork and negotiating settlements to representing clients in court.
If you are considering a divorce in Colorado and need legal support, contact Baker Law Group, PLLC today to schedule a consultation.
