Colorado divorce, step by step

1. Check the three threshold facts

   You or your spouse must have lived in Colorado at least 91 days. For parenting orders, the children generally must have lived in Colorado at least 182 days or since birth. You file in the county where you or your spouse lives.

   Longmont addresses can fall in Boulder County or Weld County. Boulder County cases are handled by the Boulder County Combined Court, which has courthouses in Boulder and Longmont. Weld County cases go to Greeley. See the Boulder County and Weld County court guides.

   Sources: Colorado Judicial Branch, Divorce or Legal Separation; C.R.S. § 14-10-106(1)(a)(I); C.R.S. § 14-13-102(7)(a) and § 14-13-201(1)(a).

2. Decide: together or alone

   Filing jointly as co-petitioners means no formal service and usually a calmer start. Filing alone makes sense when the other spouse will not cooperate, when there are safety concerns, or when you need the case moving now.

3. File the petition

   The Petition (JDF 1011) and Case Information Sheet (JDF 1000) start the case. A spouse filing alone also prepares a Summons (JDF 1012). Cases are filed through Colorado Courts E-Filing or at the clerk's office, with a filing fee or a fee waiver request.

   Once the petition is filed, both spouses must obey automatic court orders called a temporary injunction. They last until the case is finalized, dismissed or changed by the court. Among other things, neither spouse may sell, transfer, borrow against, hide or get rid of marital property without the other spouse's permission or a court order (income may still be used for usual business expenses and life necessities), take the children out of the state without permission from the other party or the court, or cancel, stop paying or change health, homeowner's, renter's, auto or life insurance that covers the children or a spouse. We go over what that means for your accounts before anything is filed.

   Sources: Colorado Judicial Branch, JDF 1012 Summons; JDF 1010.

4. Serve or waive

   The other spouse is formally served (proof on JDF 1014) or signs a Waiver of Service (JDF 1013). The court's instructions for service are in JDF 1099. This is usually the date the court gets jurisdiction over that spouse, which starts the 91-day clock.

5. Response

   The served spouse files a Response (JDF 1015) and pays the fee or requests a waiver. Under the Summons, the response is due within 21 days of receiving it, or 35 days when served outside Colorado or notified by publication. If you are the one served, call before you file anything. The response sets the tone of the whole case.

6. Initial Status Conference

   The court's Case Management Order sets the schedule. The court's JDF 1010 guide says the Initial Status Conference is scheduled within 42 days of filing. At the conference the court explains the next steps and deadlines for your case. See the court's case process page.

7. Financial disclosure

   Both spouses exchange sworn financial statements and supporting documents. Under the court's JDF 1010 guide, within 42 days after filing or receiving the petition, each spouse must file JDF 1111 (Sworn Financial Statement) and JDF 1104 (Certificate of Compliance). Complete, organized disclosure keeps a case moving and strengthens your position in negotiation. Start with the documents checklist.

8. Agreement or hearing

   Many couples settle, often through mediation. Agreements are written into a separation agreement and, with children, a parenting plan. Anything not agreed is decided by the judge at a final hearing.

9. The decree

   The decree (JDF 1019) can enter no sooner than 91 days after the court got jurisdiction over the responding spouse, and only after the court finds the marriage irretrievably broken (C.R.S. § 14-10-106(1)(a)(II) and (III)). Use the 91-day clock to see your earliest date.

10. After the decree

    Retitle the house and vehicles, divide retirement accounts with the right court order, update beneficiaries, and calendar every support and parenting deadline. The firm's after-divorce checklist walks through it.

Go deeper at longmont.law

Detailed guides from the firm