Motion to file without payment and supporting financial affidavit
If you cannot afford the filing fees and other associated costs payable to the court, a waiver form can be filled out and submitted to the court for review. You must provide detailed financial information, including gross monthly income and monthly expenses, all of which the court will use to make a judgment on whether to grant you a waiver or not.
Case Information
This form provides basic information to the court regarding the names and personal details of both spouses as well as the details of any children born or adopted during the course of the marriage.
Petition for Dissolution of Marriage
- This is the document that initializes your divorce with the court. It is the first thing you file and typically requires a $230 fee. Once the petition is filed and notice is served to the other party, the 91-day waiting period officially starts. Only after this period can a Dissolution of Marriage can officially be granted by the court. Most divorces take longer than 91 days, but if the two parties are in agreement and everything goes smoothly, it is possible to have a divorce granted within that minimum timeframe.
- The Response filing fee is $116.
Summons for Dissolution of Marriage
This is the document that accompanies your petition. It informs you that a case has been opened with your local district court and requires a response within 21 days if you were served in Colorado or within 35 days if you were served outside of Colorado or if you were served by publication.
Waiver and Acceptance of Service Form
When served with the Dissolution of Marriage paperwork, if the respondent will waive personal service, they must sign the verification section of this form.
Return of Service
When the receiving spouse is served with the summons, it is done so by someone 18 years or older who is not a party to the action, typically a "process server" (which requires a fee). This form is to be filled out by the server after service has been executed and is returned to the court.
Response
- This is the response to the petition that you have been served with. It needs to be filed with the court and served within 21 days of the date you were served with the petition; a copy must be sent to the petitioner. It tells the court your requests and desires for certain orders to be made in your case. This document requires a $116 filing fee.
- If joint no response: 21 days in CO, 35 days outside of CO.
Certificate of Compliance with Mandatory Financial Disclosures (both parties must complete their own)
Motion for Temporary Orders
You need prior approval from the court to file this. Temporary orders are short-term and address specific issues, such as spousal and child support, use of residence, and splitting parenting time.
Motion to Modify Petition
This form is filed in the event you and your spouse want to either convert your Petition for Dissolution of Marriage to a Petition for Legal Separation or decide to convert your Petition for Legal Separation to a Petition for Dissolution of Marriage.
Sworn Financial Statement (both parties must complete their own)
Outlines your complete financial situation, including monthly income and expenses, debts, and assets. The court uses this document when determining the income earnings of both parties as well as when determining spousal or child support.
Parenting Plan (both parties must sign)
A mandatory document outlining how you and your spouse will be allocating your parental duties. It can be either fully joint (meaning you both agree on everything), partially joint (meaning you both agree on some things), or prepared by each party separately when there is no agreement between you two.
Child Support Worksheet
Instructions
- For child support for children who are under 19 or still in high school or disabled, use Worksheet A when one parent maintains physical care of the child for 273 or more overnights per year.
- Use Worksheet B if each parent shares physical care of the child for more than 92 overnights per year.
- Child support/maintenance calculator: Follow this link.
- Activating child support
- JDF 1809 – Notice of Employer to Deduct for Health/Dental Insurance (If the obligor is ordered to pay a premium)
Separation Agreement (both parties must sign if there is an agreement)
If you and your spouse would like to settle amicably, you can enter into a Separation Agreement on your own terms, decided by you two together. The court must follow this agreement unless they find it unconscionable, meaning it would result in extreme unfairness to one party. In that case, the court may order the parties to submit a revised agreement.
Decree of Dissolution of Marriage or Legal Separation (fill caption only)
Documentation issued by the court officially finalizing your divorce or legal separation. In the case of legal separation, either party can apply after 182 days have passed since the issuing of the decree to request the separation be converted to a Dissolution of Marriage (with written notice provided to the other party).
Support Order
Issued by the court ordering child support or spousal support, including a payment schedule.
Notice of Domestic Relations Initial Status Conference
Initial status conferences are mandatory in many counties in Colorado. This notice tells you when yours has been scheduled or if you need to contact the court to set a date that works for you and your spouse. This is an informal meeting with the court, not a hearing, and it requires no testimony or evidence to be submitted. Children are not permitted to attend because there is no family waiting area, and if they are brought along, the court may reschedule your conference for another date.
Notice of Domestic Relations Status Conference
Any follow-up status conference notices are sent by the court using this form.
Instructions to Set a Hearing and to Complete a Notice of Hearing or Status Conference
This not a form. Instructions are available here.
Notice to Set Hearing
If a date is not set at the time you file your petition, you can ask the court to set the date.
Notice of Hearing
Complete the Certificate of Service portion identifying how you plan to provide the other party with a copy of this document. If you do not know the other party's current address, fill out the Certificate of Service using the last address you have for the party, and then send out the notice.
Mandatory Disclosure
This form identifies the documents that each spouse must provide to one another within 42 days after service of the Petition for Dissolution of Marriage/Legal Separation. This is not required to be filed with the court unless the court orders it.
Court Authorization for Financial Disclosure
This document provides authorization for approved third parties to receive and validate financial disclosure documents.
Pre-trial Statement
- Only complete this form if you and your spouse do not agree on all issues identified in the Separation Agreement.
- In the event that you and your spouse have a partial agreement with regard to the Separation Agreement and/or Parenting Plan, this form must be completed to outline the issues in dispute.
Affidavit for Decree without Appearance of Parties
If you do not have children and agree on all issues regarding your divorce or legal separation, this form may be filed. All of the relevant divorce-related paperwork should be completed and filed with the court before this form is filed.
Response to Petition for Declaration of Invalidity of Marriage
If you have received notice of a petition filed for the Declaration of Invalidity of Marriage, you file this form in response, either in agreement or disagreement. You can also request the court to enter certain orders, such as those concerning child support and the division of property/debts.
Service by Mail or Publication
If the other party cannot be found, JDF 1301 is filled out detailing to the court the ways in which you tried to locate them in order to serve them with documentation. You will be asking the court for permission to send service by mail or publication. The court will look it over and decide if you exercised due diligence in trying to locate the other party to serve them in person. JDF 1302 is used by the court to notify you whether the motion to provide service by certified mail or publication is granted or denied.
Petition for Declaration of Invalidity of Marriage
The invalidity of marriage is different from a dissolution of marriage. If a marriage is found to have been invalid, it results in an annulment. There are several legal grounds for annulment, and your reason(s) must be selected on this document which is then filed with the court and served to the other party. JDF 1601 must be filed along with JDF 1000 (Case Information Sheet).
Summons for Declaration of Invalidity of Marriage
This serves as notice provided to you that your spouse has filed for a Petition of Declaration of Invalidity of Marriage. If you were served in Colorado, you can file a response to this petition within 21 days of the summons being served to you; if you were served outside of Colorado or by way of publication, you must file a response within 35 days, should you choose to.
Decree of Declaration of Invalidity of Marriage
This decree is issued by the court once they have decided whether to grant a Declaration of Invalidity of Marriage and allows for the court to make certain orders, such as those concerning support orders.
.png)
Have Questions About Divorce in Colorado?
