How to File for Divorce in Colorado (2026)
Reviewed by DocDraft Legal Team · Colorado · Last updated 2026-05-18
Divorce in Colorado is governed by Colorado statute, not a generic national process. The state uses equitable distribution (a fair, not automatically equal, split) for dividing assets and recognizes a divorce granted when the marriage is irretrievably broken. Residency matters from the start here: One party must have been domiciled in Colorado for 91 days next preceding the commencement of the proceeding. Below are the Colorado requirements, forms, and code sections that actually apply, anchored to C.R.S. § 14-10-106(1)(a)(II); § 14-10-110.
Key Considerations
For ongoing support, Spousal maintenance under the advisory guideline at C.R.S. § 14-10-114(3)(a)(I) presumes amount of 40% of higher gross monthly income minus 50% of lower gross monthly income for marriages of three years or longer and combined incomes of $360,000 or less per year, with durational guidelines tied to marriage length C.R.S. § 14-10-114 sets the rule.
The asset question in a Colorado divorce is governed by equitable-distribution. Equitable distribution of marital property in such proportions as the court deems just after considering all relevant factors; separate property (premarital, gifts, inheritance, agreed) is set aside. The controlling authority is C.R.S. § 14-10-113.
Colorado's child-support math is rule-bound. Income-shares model under C.R.S. § 14-10-115; both parents' combined adjusted gross income is applied to the Schedule of Basic Child Support Obligations with adjustments for overnight parenting time (95+ overnights triggers shared physical care formula), health insurance, and work-related child care It is set out in C.R.S. § 14-10-115, with the official calculator via the state agency.
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Relevant Documents
In Colorado, JDF 1101 (Petition for Dissolution of Marriage or Legal Separation) for cases with children, JDF 1102 (Petition Without Children); accompanied by JDF 1100 (Case Information Sheet) and JDF 1111 (Sworn Financial Statement)
Child Support Worksheet
This document calculates the appropriate amount of child support based on both parents' incomes, the custody arrangement, and other factors.
Final Decree of Divorce
This is the final court order that legally ends your marriage and includes all the terms of your divorce including property division, support, and child custody arrangements.
Financial Disclosure Declaration
Both spouses must complete this document detailing all assets, debts, income, and expenses to ensure fair division of property and appropriate support amounts.
Marital Settlement Agreement
This document outlines the terms of your divorce agreement including property division, debt allocation, spousal support, and child custody arrangements if applicable.
Parenting Plan
If you have children, this document details the custody arrangement, visitation schedule, and decision-making responsibilities for the children.
Qualified Domestic Relations Order (QDRO)
This document is necessary if you need to divide retirement accounts or pension benefits between spouses as part of the divorce settlement.
Response to Petition for Dissolution
If you're the responding spouse, this document allows you to answer the claims in the petition and state your own requests regarding the divorce terms.
Summons
This document notifies your spouse that a divorce action has been filed and that they have a certain amount of time to respond.
Wage Withholding Order
This document directs an employer to withhold child support or spousal support payments from a spouse's paycheck.
Relevant Laws
Colorado Revised Statutes § 14-10-106 - Dissolution of Marriage - Legal Separation
This statute establishes Colorado as a 'no-fault' divorce state, meaning you only need to state that the marriage is 'irretrievably broken' to file for divorce. Neither spouse needs to prove the other did something wrong to get divorced in Colorado.
Colorado Revised Statutes § 14-10-107 - Residency Requirements
At least one spouse must have been a resident of Colorado for at least 91 days before filing for divorce. This residency requirement must be met for Colorado courts to have jurisdiction over your divorce case.
Colorado Revised Statutes § 14-10-113 - Division of Marital Property
Colorado follows 'equitable distribution' principles for dividing marital property, which means property is divided fairly but not necessarily equally. The court considers factors such as each spouse's contribution to acquiring property, economic circumstances, and value of property set apart to each spouse.
Colorado Revised Statutes § 14-10-114 - Maintenance (Alimony)
This law provides guidelines for determining spousal maintenance (alimony) in Colorado. The court considers factors such as financial resources, time needed for education/employment, standard of living during marriage, and marriage duration when deciding maintenance amounts and duration.
Colorado Revised Statutes § 14-10-115 - Child Support Obligations
Colorado uses specific guidelines to calculate child support based on both parents' incomes, the number of children, and parenting time. This statute outlines how child support is determined and can be modified if circumstances change substantially.
Colorado Revised Statutes § 14-10-124 - Parenting Time and Decision-Making Responsibilities
This law guides how courts determine parenting time (custody) and decision-making responsibilities based on the best interests of the child. Colorado courts generally favor arrangements that allow children to have frequent and continuing contact with both parents when appropriate.
Colorado Revised Statutes § 14-10-120.3 - Dissolution of Marriage - Legal Separation - Waiting Period
Colorado has a mandatory 91-day waiting period between filing for divorce and when the court can issue a final decree. This means even if you and your spouse agree on everything, your divorce cannot be finalized until at least 91 days after the initial filing.
Regional Variances
Denver Metro Area
Denver County has specialized family law courts with dedicated judges for divorce cases. The county requires mandatory mediation before trial dates are set. Denver also has a unique 'Status Conference' requirement where parties must meet with a family court facilitator within 42 days of filing.
Arapahoe County requires financial disclosures to be filed within 42 days of service of the petition. They also have specific local forms for parenting plans that differ from other counties. Their Early Neutral Assessment program is highly recommended but optional.
Jefferson County has implemented a 'Resource Day' program where divorcing parties attend an informational session about the process. They also have stricter enforcement of financial disclosure deadlines than some other counties.
Mountain Communities
Eagle County has limited court days for family law matters, which can extend the timeline for divorce proceedings. They often handle cases via remote appearances due to mountain travel conditions, especially in winter months.
Summit County has unique considerations for high-value vacation properties and seasonal income that are common in this resort area. The court often requires more detailed financial disclosures for property division.
Front Range
Boulder County has a reputation for favoring equal parenting time arrangements when possible. They also have specialized procedures for high-conflict divorce cases, including appointment of special masters more frequently than other counties.
Larimer County requires parties to attend a co-parenting class earlier in the process than most counties. They also have specific local rules regarding temporary orders hearings that differ from other jurisdictions.
Suggested Compliance Checklist
Confirm the residency requirement before filing
Before filing days after startingOne party must have been domiciled in Colorado for 91 days next preceding the commencement of the proceeding (C.R.S. § 14-10-106(1)(a)(I)).
Plead the grounds for the divorce
Before filing days after startingNo-fault only: the sole ground is that the marriage is irretrievably broken; Colorado abolished fault-based grounds with the Uniform Dissolution of Marriage Act. Authority: C.R.S. § 14-10-106(1)(a)(II); § 14-10-110.
Open the case by filing the petition
At filing days after startingJDF 1101 (Petition for Dissolution of Marriage or Legal Separation) for cases with children, JDF 1102 (Petition Without Children); accompanied by JDF 1100 (Case Information Sheet) and JDF 1111 (Sworn Financial Statement) The filing fee is $230 filing fee for a Petition for Dissolution of Marriage in district court (Colorado Judicial filing-fee chart). A fee waiver is available: JDF 205 (Motion to File Without Payment and Supporting Financial Affidavit) waives filing fees for indigent petitioners.
Exchange financial disclosures and serve the other spouse
After filing days after startingServe the petition and any required financial-disclosure forms, then file proof of service before the matter is heard.
Finalize the decree
After filing days after startingOnce the waiting period runs and any parenting and support terms are resolved, the court enters the final judgment ending the marriage.
Calendar the statutory timeline
Final step days after starting91 days from the date the court acquires jurisdiction over the respondent (by service or appearance) before a decree may be entered. See C.R.S. § 14-10-106(1)(a)(III).
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Confirm the residency requirement before filing | One party must have been domiciled in Colorado for 91 days next preceding the commencement of the proceeding (C.R.S. § 14-10-106(1)(a)(I)). | - | Before filing |
| Plead the grounds for the divorce | No-fault only: the sole ground is that the marriage is irretrievably broken; Colorado abolished fault-based grounds with the Uniform Dissolution of Marriage Act. Authority: C.R.S. § 14-10-106(1)(a)(II); § 14-10-110. | - | Before filing |
| Open the case by filing the petition | JDF 1101 (Petition for Dissolution of Marriage or Legal Separation) for cases with children, JDF 1102 (Petition Without Children); accompanied by JDF 1100 (Case Information Sheet) and JDF 1111 (Sworn Financial Statement) The filing fee is $230 filing fee for a Petition for Dissolution of Marriage in district court (Colorado Judicial filing-fee chart). A fee waiver is available: JDF 205 (Motion to File Without Payment and Supporting Financial Affidavit) waives filing fees for indigent petitioners. | divorce-petition | At filing |
| Exchange financial disclosures and serve the other spouse | Serve the petition and any required financial-disclosure forms, then file proof of service before the matter is heard. | - | After filing |
| Finalize the decree | Once the waiting period runs and any parenting and support terms are resolved, the court enters the final judgment ending the marriage. | - | After filing |
| Calendar the statutory timeline | 91 days from the date the court acquires jurisdiction over the respondent (by service or appearance) before a decree may be entered. See C.R.S. § 14-10-106(1)(a)(III). | - | Final step |
Frequently Asked Questions
Colorado uses equitable distribution (a fair, not automatically equal, split). Equitable distribution of marital property in such proportions as the court deems just after considering all relevant factors; separate property (premarital, gifts, inheritance, agreed) is set aside. See C.R.S. § 14-10-113.
One party must have been domiciled in Colorado for 91 days next preceding the commencement of the proceeding. This is set by C.R.S. § 14-10-106(1)(a)(I).
$230 filing fee for a Petition for Dissolution of Marriage in district court (Colorado Judicial filing-fee chart) JDF 205 (Motion to File Without Payment and Supporting Financial Affidavit) waives filing fees for indigent petitioners
No-fault only: the sole ground is that the marriage is irretrievably broken; Colorado abolished fault-based grounds with the Uniform Dissolution of Marriage Act. The governing statute is C.R.S. § 14-10-106(1)(a)(II); § 14-10-110.
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