Process

Planning Your Timeline: How Long Divorce Takes in Colorado from Petition to Decree

10 min read
Dramatic Colorado landscape with red rock formations and clear skies, representing the journey through Colorado's divorce timeline process

If you're considering divorce in Colorado, understanding the timeline is essential for planning the months ahead. Colorado requires a mandatory 91-day waiting period from filing before any divorce can be finalized—one of the longer waiting periods in the United States. Combined with mandatory disclosures, potential mediation, and court schedules, most Colorado divorces take 3 to 12 months to complete. Before you begin, review our detailed guide to understanding the divorce process to prepare yourself for the journey ahead.

According to Colorado Revised Statutes § 14-10-106(1)(a)(III), a court cannot enter a divorce decree until at least 91 days have passed from the date the court acquired jurisdiction over the respondent (through service, waiver, or joint filing). This cooling-off period applies to every Colorado divorce without exception—even cases where both spouses agree on all terms.

Colorado Residency Requirements: The 91-Day Rule

Before you can file for divorce in Colorado, you must satisfy the residency requirement. Under C.R.S. § 14-10-106(1)(a)(I), at least one spouse must be domiciled in Colorado for 91 days before the court can enter a decree.

This means you need to establish 91 days of Colorado residency before filing. If you file too early—before completing the 91-day residency period—your case may be delayed or dismissed. Plan to establish at least 91 days of Colorado residency, then file your petition with the District Court.

The Mandatory 91-Day Waiting Period

Colorado's 91-day waiting period is a statutory cooling-off requirement designed to prevent impulsive divorce decisions and provide time for potential reconciliation. According to C.R.S. § 14-10-106(1)(a)(III), the court cannot enter a decree until at least 91 days have elapsed from the date jurisdiction was acquired over the respondent.

This means even the fastest Colorado divorce—where both spouses file jointly, agree on everything, and submit complete paperwork immediately—cannot finalize in less than 91 days (approximately 3 months). The waiting period cannot be waived or shortened for standard divorce cases, regardless of urgency or circumstances.

Uncontested Divorce Timeline: 3-5 Months

If you and your spouse agree on all major issues—property division, child custody/parenting responsibilities, support, and maintenance—your divorce is considered uncontested. Colorado offers a streamlined joint petition process for these cases.

Typical uncontested timeline:

  • Day 1: File Joint Petition for Divorce (JDF 1011) as Petitioner and Co-Petitioner, along with Case Information Sheet (JDF 1000); no service required for joint filings.
  • Days 1-42: Complete and exchange mandatory financial disclosures (JDF 1125 Mandatory Disclosure Form 35.1); file Sworn Financial Statement (JDF 1111) and Certificate of Compliance (JDF 1104).
  • Days 14-42: Attend Initial Status Conference (ISC) if required by your county, or submit compliant Stipulated Case Management Plan to waive attendance.
  • Days 30-60: Complete Separation Agreement (JDF 1115) and Parenting Plan (JDF 1113) if you have children; attend required parenting education classes if ordered.
  • Day 91: Earliest date you can request decree without appearance using JDF 1018 Affidavit for Decree Without Appearance.
  • Days 91-150: Court reviews settlement documents and enters JDF 1116 Decree of Dissolution; total timeline typically 3-5 months from filing.

Most uncontested Colorado divorces finalize in 3 to 5 months from the filing date, depending on how quickly you complete mandatory disclosures and settlement documents. The "Decree Without Appearance" option under C.R.S. § 14-10-120.3 allows many couples to finalize on affidavits without a court hearing.

Contested Divorce Timeline: 9-12+ Months

When spouses disagree on custody, property, or financial matters, the case becomes contested. Colorado's contested divorce process involves Initial Status Conferences, mandatory disclosures, mediation, and potentially trial. If you're considering your options, learn more about whether mediation or litigation is right for your situation.

Typical contested timeline:

  • Months 1-2: Petition filed and served; respondent files Response (JDF 1015) within 21 days (in-state) or 35 days (out-of-state) and pays $146 response fee; ISC scheduled within 42 days of filing.
  • Days 1-42: Both parties complete mandatory financial disclosures (JDF 1125, JDF 1111); file Certificate of Compliance (JDF 1104); automatic temporary injunction (ATI) takes effect immediately upon service.
  • Months 2-4: Either party may seek temporary orders for support, custody, property use; attend parenting education classes if children involved; complete additional discovery if authorized by court.
  • Months 3-6: Mandatory mediation before permanent orders hearing (exemptions available for domestic violence); court may appoint Child and Family Investigator (CFI) or Parental Responsibility Evaluator (PRE) for custody disputes.
  • Months 6-9: Expert and witness disclosures due 63 days before trial; file pre-trial statement (JDF 1129); settlement conferences.
  • Months 9-12+: Permanent orders trial before District Court judge; court makes findings on property division (C.R.S. 14-10-113), maintenance (C.R.S. 14-10-114), child support (C.R.S. 14-10-115), and parental responsibilities (C.R.S. 14-10-124); final decree entered.

Contested Colorado divorces typically take 9 to 12 months or longer to finalize, depending on complexity, expert appointments, and court dockets. The 91-day waiting period still applies, so no contested case can finalize faster than 3 months regardless of circumstances.

Colorado Divorce Grounds: Pure No-Fault

Colorado is a pure no-fault divorce state. The only legal ground for divorce is that the marriage is "irretrievably broken." According to C.R.S. § 14-10-110, if both spouses state under oath that the marriage is irretrievably broken (or one does and the other doesn't deny), the court presumes the marriage is irretrievably broken and so finds after a hearing.

If one spouse denies the marriage is irretrievably broken, the court can schedule a further hearing within 35 to 63 days to determine the issue. However, fault-based grounds like adultery, cruelty, or abandonment do not exist in Colorado divorce law. Under C.R.S. § 14-10-107(5), historic defenses to divorce are abolished, and fault is generally not considered in property division or maintenance decisions.

The Automatic Temporary Injunction (ATI)

One of Colorado's unique features is the Automatic Temporary Injunction (ATI) that takes effect immediately upon service of divorce papers (or upon joint filing). Under C.R.S. § 14-10-107(4)(b), the ATI prohibits both parties from:

  • Transferring, hiding, or disposing of marital property except in the ordinary course of business or for necessities
  • Molesting or disturbing the peace of the other party
  • Removing minor children from Colorado without the other party's written consent or court order
  • Canceling, modifying, or letting lapse health, auto, homeowners/renters, or life insurance naming the spouse or children without 14 days' advance written notice and consent or court order

The ATI has statutory force and must be printed on the Summons and Petition. Violation can be enforced through contempt proceedings and, for the peace-disturbance provision, with peace officer assistance. The ATI remains in effect until the divorce decree is entered or the case is dismissed.

Mandatory Financial Disclosures: 42-Day Deadline

Colorado imposes strict mandatory disclosure requirements on both parties. Under Colorado Rules of Civil Procedure 16.2(e)(2), each spouse must—without waiting for discovery requests—provide complete financial disclosures within 42 days after service (or petition filing for joint cases).

Required disclosures include:

  • JDF 1125: Mandatory Disclosure Form 35.1 listing all required documents (pay stubs, tax returns, bank statements, retirement accounts, property deeds, loan statements)
  • JDF 1111: Sworn Financial Statement detailing income, expenses, assets, and debts
  • JDF 1111SS: Supporting Schedules for the Sworn Financial Statement (if needed)
  • JDF 1104: Certificate of Compliance confirming all disclosures exchanged

Colorado's Supreme Court has emphasized that Rule 16.2 imposes fiduciary-like disclosure duties. Failing to provide complete, timely disclosures can result in sanctions, and the duty to supplement continues throughout the case. File the Sworn Financial Statement with the court, but do not file the actual financial documents unless the court orders.

Estimate Your Colorado Divorce Costs

Colorado divorce costs increased in 2025 under HB24-1286. Current filing fees are $260 for the initial Petition and $146 for the Response, plus a $12 e-filing fee per filing if you use Colorado Courts E-Filing. Additional costs include service fees, parenting education classes, mediation, and potential expert fees (Child and Family Investigators or Parental Responsibility Evaluators).

Use our calculator below to estimate your total divorce costs in Colorado, including court fees, attorney fees (if applicable), and additional expenses like mediation and expert appointments.

Divorce Cost Calculator

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Disclaimer: These estimates are based on national averages and research data. Actual costs may vary significantly. This calculator is for planning purposes only and does not constitute legal or financial advice. Consult with qualified professionals for personalized guidance.

Required Colorado Divorce Forms

Colorado courts provide standardized statewide forms through the Colorado Judicial Branch Self-Help Portal. Key forms include:

  • JDF 1011: Petition for Divorce or Legal Separation (joint or solo filing)
  • JDF 1000: Case Information Sheet (required for all filings)
  • JDF 1012: Summons (caption only, used for service in solo filings)
  • JDF 1015: Response to Petition
  • JDF 1125: Mandatory Disclosure Form 35.1
  • JDF 1111: Sworn Financial Statement (with JDF 1111SS Supporting Schedules)
  • JDF 1104: Certificate of Compliance with disclosure requirements
  • JDF 1115: Separation Agreement (property and financial settlement)
  • JDF 1113: Parenting Plan (required for cases with children)
  • JDF 1018: Affidavit for Decree Without Appearance (uncontested finalization)
  • JDF 1116: Decree of Dissolution of Marriage or Legal Separation

Step-by-Step Colorado Divorce Process

  1. Establish residency: Verify at least one spouse has been domiciled in Colorado for 91 days before filing.
  2. Decide filing method: Joint petition (both sign JDF 1011, no service needed) or solo filing (requires service on spouse).
  3. Prepare and file petition: Complete JDF 1011 and JDF 1000; pay $260 filing fee (or apply for fee waiver with JDF 205/206).
  4. Serve respondent (solo filings): Arrange service within required timeframe; file proof of service (JDF 1014) or waiver (JDF 1013).
  5. Automatic Temporary Injunction takes effect: ATI prohibitions apply immediately upon service or joint filing.
  6. Respondent files response: Within 21 days (in-state) or 35 days (out-of-state) using JDF 1015; pay $146 response fee.
  7. Complete mandatory disclosures: Within 42 days, exchange JDF 1125 documents and file JDF 1111 Sworn Financial Statement and JDF 1104 Certificate of Compliance.
  8. Attend Initial Status Conference: Within 42 days of filing unless waived by stipulated case management plan or decree without appearance filing.
  9. Attend mediation (if contested): Most Colorado districts require mediation before permanent orders hearing; use JDF 1118 ADR Order and JDF 1337 Certificate of Compliance.
  10. Wait 91 days minimum: Statutory cooling-off period before any decree can enter.
  11. Finalize decree: If settled, file JDF 1018 for decree without appearance; if contested, proceed to permanent orders trial; court enters JDF 1116 Decree.

Frequently Asked Questions

Can I waive the 91-day waiting period in Colorado? No. The 91-day waiting period under C.R.S. § 14-10-106(1)(a)(III) is mandatory with no exceptions or waivers for standard divorce cases, regardless of circumstances or urgency.

How long must I live in Colorado before filing for divorce? At least one spouse must be domiciled in Colorado for 91 days before the court can enter a decree. In practice, establish 91 days of Colorado residency before filing your petition.

What is the Automatic Temporary Injunction (ATI)? The ATI is a statutory restraining order that automatically takes effect upon service or joint filing, prohibiting both parties from transferring property, disturbing peace, removing children from Colorado, or canceling insurance without consent or court order.

What happens if I don't complete mandatory disclosures within 42 days? Failing to provide timely, complete mandatory disclosures under C.R.C.P. 16.2 can result in court sanctions, delays in your case, and potential adverse findings. The disclosure duty is affirmative and continuing throughout the case.

Do I need a lawyer for an uncontested Colorado divorce? Colorado allows self-representation and provides comprehensive self-help forms and resources. However, even uncontested cases benefit from legal review to ensure proper disclosure compliance, fair property division, and correct child support calculations under Colorado guidelines.

Disclaimer

This article provides general information about Colorado divorce timelines and procedures and should not be construed as legal advice. Colorado divorce laws are complex; individual circumstances differ significantly. For advice tailored to your specific situation, consult a qualified Colorado family law attorney. The information presented here is current as of the publication date but may change as Colorado statutes and court rules are updated.

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