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Colorado Divorce Petition

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Introduction

Under Colorado law, the Petition for Dissolution of Marriage or Legal Separation (JDF 1101) is the court document a spouse files to open a case and ask a judge to legally end the marriage. The state deliberately calls this proceeding a 'dissolution of marriage' rather than a 'divorce.' Before you can file, at least one spouse must have been domiciled in Colorado for 91 days (C.R.S. § 14-10-106(1)(a)(I)), and after filing, 91 days must pass from the date the Respondent is served, appears, or waives service before a district court may enter a decree (C.R.S. § 14-10-106(1)(a)(III)). Colorado is a pure no-fault state, so the only ground is that 'the marriage is irretrievably broken' (C.R.S. § 14-10-106(1)(a)(II)), and you do not have to live separate and apart before filing. You start the case by filing the Petition (JDF 1101) and the Summons (JDF 1102) with a $230 fee, either as the Petitioner and Respondent or as co-petitioners when you file jointly.

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Key Things to Know

  1. 1

    Colorado brings this case as a 'dissolution of marriage,' not a divorce, and the pleading that opens it is the Petition for Dissolution of Marriage or Legal Separation (JDF 1101). Filing that petition asks the district court to legally end the marriage.

  2. 2

    Residency comes first: at least one spouse must have been domiciled in Colorado for 91 days before the proceeding begins (C.R.S. § 14-10-106(1)(a)(I)). Without it, the district court cannot enter a decree.

  3. 3

    A 91-day clock runs from service: at least 91 days must pass from the date the Respondent is served, appears, or waives service before the court may enter a decree of dissolution (C.R.S. § 14-10-106(1)(a)(III)).

  4. 4

    Colorado is pure no-fault. The only ground is that 'the marriage is irretrievably broken' (C.R.S. § 14-10-106(1)(a)(II)). No fault grounds such as adultery or cruelty apply, and no pre-filing separation is required.

  5. 5

    Colorado uses equitable distribution, not community property. Under C.R.S. § 14-10-113 the court divides marital property in 'just proportions,' which need not be a 50/50 split.

  6. 6

    You file two forms in District Court: the Petition for Dissolution of Marriage or Legal Separation (JDF 1101) and the Summons (JDF 1102). The spouses are the Petitioner and Respondent, or co-petitioners when filing jointly.

  7. 7

    The filing fee is $230, and low-income filers can ask the court for a fee waiver.

Key decisions before you file

Before you file a Divorce Petition in Colorado, a few decisions shape the document: which option to choose and what each one means. The Divorce Petition guide walks through them.

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Dissolution of Marriage, Not "Divorce"

Colorado does not use the word "divorce" in its statutes. The court calls the case a dissolution of marriage, and the spouses are the Petitioner and the Respondent. When both spouses agree to end the marriage, they can file together as co-petitioners. The case belongs in District Court, and in Denver that is the Denver District Court. You open the case with two forms, the Petition for Dissolution of Marriage or Legal Separation (JDF 1101) and the Summons for Dissolution of Marriage or Legal Separation (JDF 1102). The current filing fee is $230.

Meeting the 91-Day Residency Rule

Before the proceeding can begin, at least one spouse must have been domiciled in Colorado for 91 days (C.R.S. § 14-10-106(1)(a)(I)). Domicile means the place you treat as your permanent home, not simply a mailing address. Count the 91 days backward from your planned filing date. If neither spouse meets this threshold, the district court cannot enter a decree, so confirm the dates before you file your (/legal-document/divorce-petition).

Grounds: Only "Irretrievably Broken"

Colorado is a pure no-fault state. The single ground for dissolution is that "the marriage is irretrievably broken" (C.R.S. § 14-10-106(1)(a)(II)). You do not plead or prove adultery, cruelty, or desertion, because Colorado recognizes no fault grounds. The state also imposes no separation requirement, so you do not have to live separate and apart for any period before filing.

The 91-Day Waiting Period After Service

Filing does not end the case on its own. After you file, 91 days must pass from the date the Respondent is served, or from the Respondent's appearance or waiver of service, before the court may enter a decree (C.R.S. § 14-10-106(1)(a)(III)). A request for the decree before day 91 is premature, and the court will deny it. This waiting period runs separately from the residency count and fixes the earliest date the marriage can legally end.

Dividing Marital Property in Just Proportions

Colorado follows equitable distribution, not community property. Under C.R.S. § 14-10-113, the district court divides marital property in "just proportions," weighing each spouse's contributions and economic circumstances. Separate property, meaning assets a spouse brought into the marriage or received by gift or inheritance, generally stays with its owner. "Just proportions" aims for a fair result on your facts, and it does not guarantee an even split.

Filing the Case

A Colorado dissolution follows a clear path. Establish 91 days of domicile, file JDF 1101 and JDF 1102 with the $230 fee in District Court, state only that the marriage is irretrievably broken, and wait out the 91-day post-service period before the decree issues. Because the state recognizes no fault and requires no pre-filing separation, your timeline turns on jurisdiction and the waiting period rather than on proving wrongdoing.

Colorado Requirements for Divorce Petition

Residency (State)

Spouses must meet the residency requirement: At least one party must have been domiciled in Colorado for 91 days prior to commencing the proceeding (C.R.S. § 14-10-106(1)(a)(I))..

Residency (County)

Must file in the correct county District Court in Denver,.

Grounds for Divorce

Must properly plead grounds: Pure no-fault only. The sole ground is that 'the marriage is irretrievably broken' (C.R.S. § 14-10-106(1)(a)(II)). Colorado recognizes no fault-based grounds..

Waiting Period

Mandatory waiting period: 91 days must elapse from the date of service on the respondent (or the respondent's appearance/waiver) before the court may....

Required Forms

Must file correct state forms: Petition for Dissolution of Marriage or Legal Separation (JDF 1101) and Summons for Dissolution of....

Property Division

Property is divided according to: Equitable distribution (not community property). Marital property is divided in just proportions under C.R.S. §... laws.

Filing Fee

Filing fee is typically $230 unless waived.

Service of Process

The Respondent must be properly served with the summons and petition.

Frequently Asked Questions

A divorce petition is the document that starts a case to end a marriage. In Colorado it is the Petition for Dissolution of Marriage or Legal Separation (JDF 1101), filed in District Court by the Petitioner. It asks the court for a decree of dissolution and can also address property, support, and parenting matters.

In Colorado they describe two parts of the same process. 'Dissolution of marriage' is the legal name for the case itself, which is what most people call a divorce. The divorce petition, formally the Petition for Dissolution of Marriage or Legal Separation, is the document that opens that dissolution case. In short, you file a petition to begin a dissolution.

At least one spouse must have been domiciled in Colorado for 91 days before the proceeding is commenced (C.R.S. § 14-10-106(1)(a)(I)). Domicile is your permanent home, not just a mailing address.

Colorado is pure no-fault. The sole ground is that 'the marriage is irretrievably broken' (C.R.S. § 14-10-106(1)(a)(II)). The state recognizes no fault-based grounds such as adultery or cruelty, and you do not have to live separately before filing.

At least 91 days must pass from the date the Respondent is served, appears, or waives service before the court may enter a decree of dissolution (C.R.S. § 14-10-106(1)(a)(III)). Cases with disputes over property or parenting can take longer.

You file the Petition for Dissolution of Marriage or Legal Separation (JDF 1101) and the Summons for Dissolution of Marriage or Legal Separation (JDF 1102) with the District Court. In Denver, that is the Denver District Court.

The filing fee is $230. If you cannot afford it, you can ask the court for a fee waiver based on low income.

Colorado follows equitable distribution, not community property. Under C.R.S. § 14-10-113 the court divides marital property in 'just proportions,' weighing each spouse's circumstances, so the result need not be a 50/50 split.