If you’re ready to end your marriage, filing for divorce in Denver involves a series of legal steps. Colorado law provides a clear process, but completing it correctly is important if you want to protect your finances, secure your rights, and avoid delays. Here’s a step-by-step guide to help you understand how to file for divorce in Colorado
Step 1: Meet the Residency Requirement
Before you can file for divorce in Colorado, you must meet Colorado’s residency rule. At least one spouse must have lived in Colorado for at least 91 days before filing. If you have children, they must have lived in Colorado for at least six months (or since birth if younger than six months) for the court to issue parenting orders.
Step 2: Prepare and Complete the Divorce Forms
The next step is to complete the correct divorce paperwork. If both spouses agree to the divorce, you can file jointly. If not, one spouse files individually as the petitioner and the other is listed as the respondent. The main form is the Petition for Dissolution of Marriage, but additional forms will depend on your situation—such as whether you have children or whether the divorce is contested. It’s important to make sure everything is filled out accurately to avoid issues down the line.
Step 3: File Your Forms with the Court
Once your documents are complete, you’ll need to file them with the Denver District Court. This court handles all divorce matters in the city and county of Denver. You’ll also pay a filing fee unless you qualify for a fee waiver. Once filed, the court assigns a case number and sets your matter in motion. If you filed jointly, the process can move forward without additional service. If only one party filed, you’ll need to move to the next step.
Step 4: Serve Your Spouse (If Required)
If you filed on your own, you must legally serve your spouse with a copy of the divorce paperwork. This can be done by a sheriff, private process server, or someone over age 18 who is not involved in the case. Your spouse then has 21 days to respond if they live in Colorado (or 35 days if they live out of state). Service is a critical step. Failing to properly serve your spouse can delay or invalidate your case.
Step 5: Disclose Financial Information
Colorado requires both spouses to exchange full financial disclosures within 42 days of filing. This includes income and expenses, assets and debts, bank accounts, investments, and retirement plans. Both parties must complete a Sworn Financial Statement and provide supporting documents. This step ensures transparency and is essential for reaching a fair agreement.
Step 6: Request Temporary Orders (If Needed)
During the divorce, either party may ask the court for temporary orders. These orders can address short-term issues like who stays in the home, temporary spousal support, bill payments, or asset protection. 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. You won’t argue your case yet, but the court will set deadlines and determine whether mediation or temporary orders are needed. Attending the ISC is mandatory unless the court waives it. Your divorce cannot move forward until this meeting happens.
Step 8: Reach a Settlement or Go to Mediation
Many divorces in Colorado are resolved through settlement or mediation rather than trial. If you and your spouse agree on property division, spousal support, and other key issues, you can submit a Separation Agreement for court approval. If there’s disagreement, the court may require mediation to help resolve disputes before setting a trial. You can bring your attorney to mediation, and any agreement reached can become part of your final order.
Step 9: Finalize Your Divorce
Before a divorce can be finalized in Colorado, the mandatory 91-day waiting period must pass. Once that period ends and all paperwork is submitted, the court will review your case. If everything is in order and there are no unresolved issues, the judge will sign a Decree of Dissolution of Marriage, officially ending your marriage. If you went to trial, the court’s final orders will be included in the decree.
Ready to File for Divorce in Colorado?
Filing for divorce in Denver doesn’t have to be overwhelming, but getting the steps right matters. If you’re ready to take the first step, the attorneys at Baker Law Group can help you file correctly, protect your interests, and stay in control from start to finish. Call us at (303) 862-4564 to schedule a consultation with a Colorado divorce lawyer today.
