How to File for Divorce in Colorado: Residency, Grounds & Waiting Period

The Short Answer for Colorado Residents

If you want to end your marriage in Colorado, you file a petition for dissolution of marriage in the District Court of the county where you or your spouse lives. Before you can file, at least one of you must have been domiciled in Colorado for at least 91 days immediately before the case begins. Once the case is filed or your spouse is served, the court cannot enter a final decree until at least 91 days have passed. Colorado does not require you to prove anyone did anything wrong — the only legal ground for divorce is that the marriage is irretrievably broken. (C.R.S. § 14-10-106; Colorado Judicial Branch)

Colorado's Residency Requirement

Colorado courts have a strict domicile rule before they can hear your divorce case. At least one spouse must have been domiciled in Colorado for at least 91 days immediately before the dissolution petition is filed. (C.R.S. § 14-10-106; Colorado Judicial Branch)

"Domiciled" means more than just living somewhere temporarily — it means Colorado is your true, fixed, permanent home and you intend to remain there. If neither you nor your spouse meets the 91-day domicile requirement at the time you want to file, you will need to wait until one of you does before the court can take your case.

The Only Ground: "Irretrievably Broken"

Colorado is a no-fault divorce state. The court will not consider who caused the breakdown of the marriage, assign blame, or require proof of adultery, abuse, or abandonment to grant a divorce. The sole ground for dissolution is a court finding that the marriage is irretrievably broken. (C.R.S. § 14-10-106; C.R.S. § 14-10-110)

No-fault also means that marital misconduct cannot be used to affect how property is divided. Under Colorado law, the court divides marital property without regard to marital misconduct. (C.R.S. § 14-10-113) Infidelity, for example, is legally irrelevant to property division.

What If Your Spouse Disagrees?

If your spouse formally denies that the marriage is irretrievably broken, the court may continue the matter for a follow-up hearing. Under Colorado law, that hearing must be scheduled no fewer than 35 days and no more than 63 days from the initial hearing. (C.R.S. § 14-10-110) Even then, the court evaluates whether the marriage is in fact broken — one spouse's disagreement does not automatically block a divorce from being granted.

The Mandatory 91-Day Waiting Period

Even if both spouses agree on everything from day one, Colorado law requires a waiting period before a divorce can be finalized. The court cannot enter a decree of dissolution until at least 91 days have elapsed from whichever of these comes first:

• The date both spouses filed a joint petition together, or
• The date the respondent (the spouse who did not file) was served with the divorce papers.

(C.R.S. § 14-10-106; Colorado Judicial Branch)

Time-sensitive note: The 91-day period is a legal floor, not a guaranteed timeline. Contested issues, complex property disputes, or court scheduling delays can extend the process well beyond 91 days. The waiting period simply prevents any finalization before that point arrives.

Where to File

Divorce cases in Colorado are filed in the District Court of the county where the petitioner (the spouse filing) or the respondent (the other spouse) lives. (Colorado Judicial Branch Self-Help) Colorado's official court system uses the term dissolution of marriage in its forms and proceedings rather than "divorce," though both terms refer to the same legal process.

The Standard Colorado Court Forms

Colorado uses a uniform set of court documents called JDF forms for dissolution cases. The core documents needed to start a case include:

• JDF 1000 — Case Information Sheet
• JDF 1011 — Petition for Dissolution of Marriage (or Legal Separation)
• JDF 1012 — Summons (used when your spouse must be formally served)
• JDF 1013 — Waiver of Service (if your spouse agrees to waive formal service)
• JDF 1015 — Response (filed by the spouse who did not initiate the case)

(Colorado Judicial Branch Self-Help Forms)

After filing, the court will schedule an Initial Status Conference — an early appearance where the judge or magistrate sets timelines and identifies any disputed issues. The Colorado Judicial Branch's self-help center maintains current versions of all JDF forms along with plain-language instructions for each step.

Children: Jurisdiction Under the UCCJEA

If children are involved, Colorado must have legal authority — called jurisdiction — to make parenting decisions. Under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which Colorado has adopted along with 48 other states and the District of Columbia, Colorado can generally only issue parenting orders if the child has lived in Colorado for at least 182 days (or since birth if the child is younger than that), making Colorado the child's home state. (Colorado Judicial Branch Self-Help)

If a child has recently moved across state lines, or if the other parent lives in a different state, the question of which state has jurisdiction can get complicated quickly. Confirm the child's residency history with your local District Court before assuming Colorado can enter parenting orders.

Property Division: What Colorado Law Says

Colorado courts divide marital property — generally, assets and debts acquired during the marriage — in proportions the court finds appropriate given all relevant factors in the case. Each spouse's separate property, such as assets owned before marriage or received as a gift or inheritance, is set aside to that spouse. Marital misconduct is explicitly excluded as a factor in the division. (C.R.S. § 14-10-113)

The specific factors the court weighs are set out in the statute. Filing fees, maintenance (spousal support) amounts, and other financial details vary by case and by county — confirm current figures with your District Court clerk or a Colorado family-law attorney.

Special Situations

Military Families

If one spouse is on active duty, federal law provides important protections. Under the Servicemembers Civil Relief Act (SCRA), a servicemember whose military duties materially affect their ability to appear in court may request a stay — a legal pause — of at least 90 days in a civil proceeding, including divorce, custody, and support cases. This protects deployed spouses and parents from default judgments entered while they cannot participate. (50 U.S.C. § 3932)

Military retirement pay can also be treated as marital property. Under the Uniformed Services Former Spouses' Protection Act (USFSPA), Colorado courts may divide a servicemember's disposable retired pay as part of the divorce. Direct payment to a former spouse through the Defense Finance and Accounting Service is available only when the couple was married for at least 10 years overlapping at least 10 years of qualifying military service — the federal "10/10 rule." The amount any former spouse receives is governed by Colorado's property-division law, not a fixed federal formula. (10 U.S.C. § 1408)

Domestic Violence and Protective Orders

If you have a protection order issued by a Colorado court, that order is legally enforceable in every other state under federal law. (18 U.S.C. § 2265, VAWA) If safety is a concern during the divorce process, contact your local courthouse or a domestic violence organization before filing. Court self-help staff can direct you to resources without giving legal advice.

What You Can Do in Colorado: Step-by-Step Overview

1. Confirm residency. Verify that at least one spouse has been domiciled in Colorado for 91 days before you file. If not, note the calendar date when that requirement will be met.
2. Choose the correct court. Identify the District Court for the county where you or your spouse currently lives. Each county courthouse website lists clerk contact information and hours.
3. Gather the JDF forms. Download the current versions of JDF 1000, JDF 1011, and any other required forms from the Colorado Judicial Branch self-help site at coloradojudicial.gov. Step-by-step instructions accompany each form.
4. File the petition. Submit your completed petition and case information sheet to the clerk's office. Pay the required filing fee — amounts vary by county, so confirm the current fee with your clerk before going.
5. Serve your spouse or use a waiver. If your spouse agrees to participate without formal service, use JDF 1013 (Waiver of Service). Otherwise, arrange formal service with the Summons (JDF 1012) and keep proof of service for the court file.
6. Attend the Initial Status Conference. The court will schedule this early hearing to set timelines and identify contested issues. Bring any documents the court requests and note all deadlines set at the conference.
7. Wait the mandatory 91 days. No final decree can be entered before this period expires. Use this time to work toward agreements on property, parenting, and support — or prepare for a contested hearing if you and your spouse cannot agree.
8. Finalize the decree. Once all issues are resolved by agreement or court ruling, and the waiting period has passed, the court can enter your Decree of Dissolution of Marriage.

Time-sensitive reminder: Court forms, filing fees, and local procedures can change. Always download the most current JDF forms directly from the Colorado Judicial Branch website and confirm all deadlines and fees with your District Court clerk.

This article is for general informational purposes only and does not constitute legal advice. Laws and procedures change; consult a licensed Colorado family-law attorney or the Colorado Judicial Branch self-help resources for guidance specific to your situation.