How to File for Divorce in Colorado
Introduction
Filing for divorce can be an emotionally and legally complex process. Understanding Colorado’s divorce laws and procedures can help you navigate this transition with clarity. Whether you're considering divorce or are ready to file, this guide will walk you through the steps to dissolve your marriage legally and efficiently.
Requirements for Divorce in Colorado
Before filing for divorce in Colorado, you must meet these legal requirements:
Residency Requirement: At least one spouse must have lived in Colorado for at least 91 days before filing.
No-Fault Divorce: Colorado is a no-fault divorce state, meaning you don’t need to prove wrongdoing. The only legal ground for divorce is that the marriage is irretrievably broken.
Steps to File for Divorce in Colorado
Step 1: File the Petition for Dissolution of Marriage
The divorce process starts when one spouse files a Petition for Dissolution of Marriage with the district court in the county where either spouse resides.
If both spouses agree to start the divorce process together, they can file a joint petition, which may speed up the process.
Step 2: Serve the Divorce Papers
If filing individually, the petitioner must serve the other spouse (the respondent) with the divorce papers.
Service can be done by:
A process server
The county sheriff
Certified mail (in some cases)
The respondent has 21 days (or 35 days if out-of-state) to respond.
Step 3: Financial Disclosures
Both spouses must exchange Sworn Financial Statements listing income, assets, debts, and expenses.
Full disclosure is required for fair property division and spousal support decisions.
Step 4: Negotiate Agreements (Property, Custody, and Support)
Spouses must agree on key issues, including:
Division of marital property and debts
Spousal maintenance (alimony)
Child custody (parental responsibilities)
Child support payments
If an agreement is reached, the court can approve the settlement without a trial.
If disputes exist, mediation or court hearings may be necessary.
Step 5: Finalize the Divorce
If the divorce is uncontested, the court may approve the Separation Agreement and issue a Decree of Dissolution of Marriage after the 91-day waiting period.
If the case is contested, a judge will make final decisions at trial before issuing the decree.
How Long Does a Divorce Take in Colorado?
The fastest possible divorce takes 91 days (if uncontested and no major disputes exist). However, most divorces take 3 to 9 months, and contested cases may take a year or longer.
Do You Need a Lawyer for a Colorado Divorce?
While you can file for divorce without an attorney, legal representation can help if:
Your spouse contests the divorce
There are significant assets or debts
You need to negotiate child custody or support
You suspect hidden assets or financial misconduct
Get Help Filing for Divorce in Colorado
Divorce can be stressful, but having the right legal support makes a difference. A Colorado family law attorney can guide you through the process, protect your rights, and help secure the best possible outcome.
📞 Contact The Law Office of Nicholas Engle today for a confidential divorce consultation.
