How to File a Divorce Petition in Colorado
Filing for divorce is different in every state, with different waiting periods for the divorce to be finalized, different filing fees, and different rules on how you start your divorce.
What is the waiting period for filing for divorce in Colorado?
Colorado has a waiting period of 92 days, meaning your divorce will not be final before 92 days following serving the initial Petition for divorce.
What are the different ways of filing for divorce in Colorado?
Filing a Petition for Dissolution of Marriage can be done in one of two ways: jointly or separately.
What are the benefits of filing jointly in Colorado?
Filing jointly has some benefits, such as helping to save on costs and being able to waive personal service because there would be no "Respondent" spouse. Being that the mandatory 92-day waiting period starts when the Respondent is served, you also avoid any possible delays that can occur when trying to serve the Respondent. Whenever possible, we recommend working together to make the process smoother and help it move along quickly, but we recognize that isn't always possible.
Are there benefits to filing separately in Colorado?
If you choose to file separately, that's okay, too. The Court won't assign a value to whether you chose to file together or separately - so do what's right for you. Filing separately allows you to work on your forms alone rather than together, but also means you'll have to be mindful of the fact that forms from both of you have to be received by the Court before a decree can be granted to finalize your divorce.
How much does it cost to file for divorce in Colorado?
The cost of filing is $230, but if you can't afford to pay it, you can file a Motion to File Without Payment and Supporting Financial Affidavit, which outlines your financial situation and allows the Court to decide whether to grant you a fee waiver or not, through Form JDF 205.
Quick Tip: Make two copies of all of your forms as you will be submitting the originals to the Court and need one copy for yourself and your spouse. The clerk will date-stamp all copies of your documents to reflect the date you filed the Petition.
The Colorado Courts have created a helpful flowchart outlining the different processes for filing a Petition when there are children or no children present. To get through filing your Petition in a simpler way and with support, our Divorce Navigator walks you through the steps with easy-to-understand instructions. Watch our video to see just how easy it is.