2025 Divorce Filing Checklist for Colorado

Filing for dissolution of marriage in Colorado requires 91-day domicile, a mandatory 91-day waiting period after jurisdiction, and filing in District Court under pure no-fault grounds. Understanding the divorce process helps as you navigate Colorado's joint petition option, Automatic Temporary Injunction, mandatory 42-day disclosures, and 2025 filing fees.

Step 1: Verify 91-Day Residency and Waiting Period

Colorado has unique dual 91-day requirements under C.R.S. 14-10-106:

• 91-Day Domicile: At least one spouse must be domiciled in Colorado for 91 days before the court can enter a decree
• 91-Day Waiting Period: At least 91 days must pass after the court gets jurisdiction over the respondent (by service, waiver, or joint filing) before the decree can be entered

These requirements are cumulative and strictly enforced. Even the simplest, fully settled case cannot be finalized until at least day 91 from service/appearance. Most uncontested cases resolve in 3-5 months; contested cases typically take 9-12 months.

Custody Jurisdiction: If children are involved, they must have lived in Colorado for at least 182 days (or since birth) for Colorado courts to have jurisdiction over custody matters.

Step 2: Understand Colorado's Pure No-Fault Grounds

Colorado is a pure no-fault state. The sole ground for dissolution under C.R.S. 14-10-110 is that the marriage is "irretrievably broken"—meaning there's no reasonable likelihood of preservation.

• Both Agree: If both spouses state under oath the marriage is irretrievably broken (or one states and the other doesn't deny), the court presumes this finding after a hearing
• One Denies: If one spouse denies the marriage is irretrievably broken, the court can hold a further hearing in 35-63 days and must then rule on the breakdown

Fault grounds do not exist in Colorado—historic defenses like adultery, abandonment, or cruelty are abolished under C.R.S. 14-10-107(5). Fault is not considered in dividing property or deciding maintenance, except to the extent conduct created economic consequences.

Step 3: Choose Joint or Solo Filing

Colorado offers two filing options:

• Joint Filing (Recommended): Both spouses file together as Petitioner and Co-Petitioner using JDF 1011 Petition and JDF 1000 Case Information Sheet. No service is required; the 91-day waiting period starts at filing. Joint filing saves time, money, and reduces conflict.
• Solo Filing: One spouse (Petitioner) files and must serve the other (Respondent). Use JDF 1011 Petition, JDF 1000 Case Information Sheet, and JDF 1012 Summons. Respondent files JDF 1015 Response within 21 days (if served in Colorado) or 35 days (if served outside Colorado).

Even if you haven't resolved all terms, joint filing is preferred when both parties are willing to cooperate on the divorce itself. Learn about the options in our uncontested vs contested divorce guide.

Step 4: File in District Court and Pay 2025 Fees

File your petition with the District Court (not County Court) in the county where you or your spouse lives. As of January 1, 2025, under HB24-1286:

• $260: Petition for Divorce/Separation/Annulment
• $146: Response filing fee
• $12: E-filing fee per filing (if using Colorado Courts E-Filing system)

Fee Waivers: Use JDF 205 Motion to File Without Payment and Supporting Financial Affidavit with JDF 206 Order if you cannot afford fees. Note: If granted a fee waiver, you cannot e-file—you must file on paper at the clerk's office.

E-Filing Option: Self-represented parties can e-file through Colorado Courts E-Filing in domestic relations cases. You must "opt-in" to see existing case documents. There's a $12 e-filing fee per filing plus optional e-service or USPS service fees.

Step 5: Understand the Automatic Temporary Injunction

Upon service or joint filing, an Automatic Temporary Injunction (ATI) binds both parties under C.R.S. 14-10-107(4)(b) until decree or dismissal. It prohibits:

• Transferring or hiding marital property (except ordinary course or necessities)
• Molesting or disturbing the peace of the other party
• Removing minor children from Colorado without consent or court order
• Canceling, modifying, or letting lapse insurance (health, auto, homeowners, life) without 14 days' advance written notice

The ATI must be printed on the Summons/Petition and has statutory force. Violations can be enforced with peace-officer assistance and may result in contempt proceedings.

Step 6: Complete Mandatory Disclosures Within 42 Days

Colorado requires comprehensive financial disclosures under C.R.C.P. 16.2(e) within 42 days after service (or petition filing for joint cases):

• Form 35.1 (JDF 1125) Mandatory Disclosures: Lists required documents (pay stubs, tax returns, bank/retirement statements, property/loan documents)
• JDF 1111 Sworn Financial Statement: Complete financial declaration with JDF 1111SS Supporting Schedules as needed—file with court
• JDF 1104 Certificate of Compliance: Certifies you've completed required disclosures

The duty is affirmative and continuing—you must update disclosures promptly if circumstances change. Do NOT file the actual financial documents unless the court orders; exchange them with your spouse only.

Step 7: Attend Initial Status Conference Within 42 Days

The Initial Status Conference (ISC) must occur "as soon as practicable but no later than 42 days from filing" under C.R.C.P. 16.2(c). You'll meet with a Family Court Facilitator, Magistrate, or Judge to:

• Review deadlines for disclosures and mediation
• Set or explain procedures for scheduling hearings
• Address case management and next steps

Attendance can sometimes be waived if you submit a compliant Stipulated Case Management Plan and have exchanged disclosures, or if you file for decree without appearance with all required documents before the ISC.

After filing, you'll receive a Case Management Order with key dates, including the ISC date and instructions about mandatory disclosures and mediation.

Step 8: Navigate Mediation and Parenting Requirements

Mediation: Most districts require mediation before a permanent orders hearing, with limited exceptions for domestic violence cases. Colorado provides Office of Dispute Resolution (ODR) resources with reduced-fee applications:

• JDF 211 Reduced Fee Application
• JDF 1118 ADR/Mediation Order (Domestic)
• JDF 1337 Certificate of Mediation/ADR Compliance
• JDF 608/609 Motion and Order for Exemption from Mediation

Parenting Education: If you have minor children, many judicial districts require court-approved parenting classes by local order under C.R.S. 14-10-123.7. For example, the 17th JD (Adams/Broomfield) and 4th JD (El Paso) require all parties with minor children to attend.

Child Support: Must be set under Colorado child support guidelines (C.R.S. 14-10-115). The Colorado Judicial Branch provides calculator resources and videos to help you complete the required worksheets.

Step 9: Finalize Your Divorce After 91 Days

After the mandatory 91-day waiting period:

• Uncontested Cases: If fully settled, use JDF 1018 Affidavit for Decree Without Appearance to request the court enter the decree on affidavits without a hearing (permitted by C.R.S. 14-10-120.3). File JDF 1115 Separation Agreement (property/financial) and JDF 1113 Parenting Plan (if children).
• Contested Cases: Proceed through discovery, mediation, and permanent orders trial. File JDF 1129 Pre-Trial Statement. Expert and lay witness lists due no later than 63 days before final hearing under C.R.C.P. 16.2(e)(3).

The court enters the JDF 1116 Decree of Dissolution of Marriage or Legal Separation at finalization, addressing all issues: parental responsibilities, child support, property division, and maintenance (spousal support) if applicable.

Colorado uses equitable distribution for property with a presumption that marital property acquired during marriage is divided equally. Maintenance uses a factor-based test including length of marriage, earning capacities, and tax consequences.

Estimate Your Colorado Dissolution Costs

Beyond the $260 filing fee, Colorado dissolution costs vary based on complexity, attorney fees (typically $250-$500/hour), mediation costs (reduced-fee options available through ODR), parenting education programs, and potential expert witness fees. Use this calculator to estimate your total costs: