How to File for Divorce in Colorado
Colorado makes the mechanics of filing for divorce relatively straightforward. The emotional part—that’s another story. But the legal process itself has clear steps, and understanding them before you start removes at least one source of anxiety from an already anxious situation.
Residency
You or your spouse must have lived in Colorado for at least 91 days before filing. That’s the jurisdictional threshold. If you just moved here, you need to wait. If you’ve been here for years, you’re good.
The Petition
Divorce starts with a Petition for Dissolution of Marriage (JDF 1011). One spouse files it with the district court in the county where either spouse lives. The filing fee is $230 as of 2025. If you can’t afford it, you can apply for a fee waiver.
Colorado is a no-fault state. The only ground for divorce is that the marriage is “irrretrievably broken.” You don’t have to prove adultery, abuse, or anything else. You just state that it’s over.
Service
After filing, the other spouse must be formally served with the petition and a summons (JDF 1102). They then have 21 days to respond if served in Colorado, 35 days if served out of state. If your spouse is cooperative, they can accept service voluntarily. If they’re not, you’ll use a process server.
Financial Disclosures
Within 42 days of service, both spouses must exchange sworn financial statements (JDF 1104). Income, assets, debts, expenses—everything. This is mandatory, not optional. Failing to disclose carries serious consequences. And in complex cases, this is where the real work begins—because what’s on those disclosures shapes everything that follows.
The 91-Day Waiting Period
Colorado requires 91 days between filing and the court finalizing the divorce. For an uncontested case where both sides agree on everything, you could be divorced in about three months. For contested cases with significant assets or custody disputes, six months to over a year is realistic.
Resolution
Most divorces settle. About 90 percent in Colorado, by most estimates. Settlement can happen through direct negotiation, mediation, or collaborative law. If settlement fails, the case goes to trial and a judge decides.
Filing is the easy part. What comes after—the financial disclosures, the negotiations, the decisions about children and property—is where having experienced counsel makes the difference between a result you can live with and one you’ll regret. At Burnham Law, we guide clients through every step, from the initial filing through final orders.
How Much Does a Divorce Cost in Colorado? The Real Numbers.