How to File for Divorce in Colorado
How to file for divorce in Colorado: the residency rule, filing fee and fee waivers, uncontested options and how long it takes.
Short answer: You or your spouse must have lived (been domiciled) in Colorado for at least 91 days before filing for divorce. C.R.S. § 14-10-106(1)(a)(I); Colorado Judicial Branch, Divorce or Legal Separation
| Residency requirement | You or your spouse must have lived (been domiciled) in Colorado for at least 91 days before filing for divorce. For the court to decide parenting issues, the children generally must have lived in Colorado for at least 182 days (or since birth). For a civil union entered in Colorado, neither party has to live in Colorado. |
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| Filing fee | The state docket fee is $230 for the petitioner in a divorce, legal separation, or declaration of invalidity case, and $116 for the respondent. The same amounts apply to civil unions. If you cannot afford the fee, the Judicial Branch offers a File Without Payment (fee waiver) process. Colorado Revised Statutes 2024, Title 13. Statute also assesses a $5 displaced homemakers fee per petition from a nonindigent petitioner (C.R.S. § 14-10-120.5); e-filing charges may also apply. |
| Uncontested or simplified divorce | Spouses can file jointly, which the Judicial Branch says is easier and cheaper. The court may enter final orders on affidavit without a hearing (form JDF 1018, Affidavit for Decree Without Appearance) when there is no material fact in dispute, marital property is divided by agreement or there is none, and either there are no minor children or both parties have lawyers or licensed legal paraprofessionals and a separation agreement covering parenting and child support. Filing by affidavit does not shorten the 91-day waiting period, and the court can still require a hearing. |
| Waiting period | The court cannot enter a decree of dissolution or legal separation until at least 91 days have passed since it got jurisdiction over the other spouse (through service of process, joining as co-petitioner, or otherwise appearing in the case). Source: C.R.S. § 14-10-106(1)(a)(III) |
| Divorce forms | The Colorado Judicial Branch's self-help page for divorce or legal separation lists the forms to start a case: the Guide to Divorce or Legal Separation (JDF 1010), the Petition (JDF 1011, used for joint or separate filings), the Case Information Sheet (JDF 1000), and, if filing alone, the Summons (JDF 1012), with Waiver of Service (JDF 1013), Return of Service (JDF 1014) and Response to the Petition (JDF 1015). Within 42 days of the petition, parties file a Sworn Financial Statement (JDF 1111) and Certificate of Compliance (JDF 1104). Completed forms can be filed online through Colorado Courts E-Filing (after creating an account) or in person at the local district court. Financial disclosure forms: https://www.coloradojudicial.gov/self-help/about-family-cases-forms/case-process |
Where to get help in Colorado
More Colorado divorce & family law
- Getting a Marriage License in Colorado
- Adopting a Child in Colorado
- Guardianship of a Child or Adult in Colorado
- Establishing Paternity in Colorado
- Changing Your Name in Colorado
- Child Custody Laws in Colorado
- How Child Support Is Calculated in Colorado
- Divorce Records in Colorado
- Alimony and Spousal Support in Colorado
- Legal Separation and Annulment in Colorado
- All Colorado divorce & family law rules
FAQ
How long do you have to live in Colorado to file for divorce?
You or your spouse must have lived (been domiciled) in Colorado for at least 91 days before filing for divorce. For the court to decide parenting issues, the children generally must have lived in Colorado for at least 182 days (or since birth). For a civil union entered in Colorado, neither party has to live in Colorado.
How much does it cost to file for divorce in Colorado?
The state docket fee is $230 for the petitioner in a divorce, legal separation, or declaration of invalidity case, and $116 for the respondent. The same amounts apply to civil unions. If you cannot afford the fee, the Judicial Branch offers a File Without Payment (fee waiver) process.
How do you get an uncontested divorce in Colorado?
Spouses can file jointly, which the Judicial Branch says is easier and cheaper. The court may enter final orders on affidavit without a hearing (form JDF 1018, Affidavit for Decree Without Appearance) when there is no material fact in dispute, marital property is divided by agreement or there is none, and either there are no minor children or both parties have lawyers or licensed legal paraprofessionals and a separation agreement covering parenting and child support. Filing by affidavit does not shorten the 91-day waiting period, and the court can still require a hearing.
Is there a waiting period for divorce in Colorado?
The court cannot enter a decree of dissolution or legal separation until at least 91 days have passed since it got jurisdiction over the other spouse (through service of process, joining as co-petitioner, or otherwise appearing in the case).
Where can I get divorce papers and forms in Colorado?
The Colorado Judicial Branch's self-help page for divorce or legal separation lists the forms to start a case: the Guide to Divorce or Legal Separation (JDF 1010), the Petition (JDF 1011, used for joint or separate filings), the Case Information Sheet (JDF 1000), and, if filing alone, the Summons (JDF 1012), with Waiver of Service (JDF 1013), Return of Service (JDF 1014) and Response to the Petition (JDF 1015). Within 42 days of the petition, parties file a Sworn Financial Statement (JDF 1111) and Certificate of Compliance (JDF 1104). Completed forms can be filed online through Colorado Courts E-Filing (after creating an account) or in person at the local district court.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.