Default Divorce

A note before we begin: Everything here is for general informational purposes only and is not legal advice. For advice about your specific situation, consult a licensed Colorado attorney.

Your Situation

A "default divorce" is what can happen when one spouse files for divorce and the other spouse doesn't respond or participate. If you're the person who filed (the "petitioner"), you may be wondering whether you can move forward when your spouse won't engage. If you're the person who was served (the "respondent"), you may have missed a deadline — or be worried about missing one — and need to understand what's at stake and how to protect yourself.

The stakes are real. When a respondent doesn't respond or appear, the court can decide the entire case — property, debts, child support, parenting time, decision-making, maintenance, and attorney fees — without that person's input and without further notice to them. But Colorado law also has important limits on when a true default applies, and it provides a path to undo a default judgment in some circumstances. This guide will help you understand what triggers a default, what the court can and cannot do, and what steps to take whether you're trying to finalize a case or trying to reopen one.

What the Law Requires

Here's something many people don't realize: in a Colorado divorce, filing a written response is permitted but not required. Colorado law lets a respondent file a formal response, but not doing so doesn't automatically put them in default — if they otherwise participate in the case.

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A respondent who shows up and participates — for example, by appearing at the initial status conference — cannot be defaulted simply for failing to file a written response.

Colorado courts have made this clear: where a spouse appeared at the case and at the permanent orders hearing, it was an error to enter a default against him even though he never filed a written response or formal entry of appearance. And because he wasn't actually in default, the court lacked the authority to enter contested final orders against him without his consent. In other words, "default" is about non-participation, not just about missing a paperwork deadline.

That said, the warnings on the summons and related forms are serious. If you're served and you neither respond nor appear, the court can proceed without you. The response deadline is generally 21 days after you're served in Colorado, or 35 days if you were served outside Colorado or by publication. A default can occur as early as 91 days after service if no response has been filed. If you ignore the papers entirely, the court may enter a decree deciding all issues without hearing from you — and you remain legally bound to obey whatever it orders.

The law also guards against abuse of the process. If there is collusion or fraud between the spouses, the court will refuse to enter a divorce decree. Courts watch for manufactured or fraudulent proceedings.

Finally, not every case requires a courtroom appearance. Colorado allows a decree to be entered by affidavit — without anyone appearing in person — when the statutory requirements are met. Even then, the mandatory waiting period must expire before the court can enter the final decree.

What Courts Typically Do

In practice, when a respondent genuinely fails to appear, the court enters a finding of default in the case, in both divorce and legal separation proceedings. Once someone is in default for failing to appear, courts typically don't serve them with later papers — with one exception: any new pleading that raises additional claims against them must still be formally served.

Courts can and do finalize uncontested matters efficiently. A divorce can be decided on written submission (by affidavit) when there's no genuine factual dispute and either no marital property exists or the spouses have agreed on how to divide it, avoiding a formal hearing.

When someone asks the court to set aside a default, the outcome is never automatic. In practice, the court has three choices: deny the request, grant it, or schedule a hearing. If a hearing is set, the court may proceed directly to trial the same day. Courts generally look for two things before setting aside a default: a valid reason for the failure to respond or appear, and a meritorious defense — meaning real facts that support your side of the case. A reason for missing court, by itself, usually isn't enough.

Step by Step: What to Do

If you're the petitioner trying to move forward:

1. Confirm your spouse was properly served. A default can't proceed unless the other party was formally served or waived service. If you can't locate your spouse, you may be able to use service by publication after showing the court you made diligent efforts.
2. Track the response deadline. Count 21 days from in-state service, or 35 days from out-of-state service or the last date of publication.
3. Observe the waiting period. Even in an uncontested or default case, Colorado's mandatory waiting period must expire before a final decree can be entered.
4. Prepare the paperwork to finalize. Rather than hunting down and filling out blank forms, the guided wizard on this site will prepare and pre-fill the correct Colorado documents for your situation — including, where appropriate, the affidavit that lets you request a decree without a court appearance.

If you're the respondent who was served:

1. Don't ignore the papers. The service date is on the served documents. Respond before the deadline to preserve your voice in the case.
2. Participate even if you're unsure. Appearing at the initial status conference and staying involved protects you — remember, genuine participation can prevent a default even if you haven't filed formal paperwork.
3. File your response. The guided wizard will prepare and pre-fill your response so you can meet the deadline.

If a default judgment has already been entered against you:

1. Act quickly. The longer you wait, the harder it may be.
2. Prepare a motion to set aside the default. You'll need to explain why you failed to respond or appear, and state the specific facts that support your case or defense — both are required.
3. File the motion to set aside. The guided wizard can prepare and pre-fill that motion for you. Be specific and factual; vague explanations are less persuasive.
4. Be ready for a hearing. If the court schedules one, bring all your evidence and witnesses, because the judge may go straight to trial that same day.

What Research Shows Can Help

The items available for this guide don't include social science research findings specific to default divorce. If you're concerned about how any of this affects children or co-parenting, that's worth discussing with a qualified professional, and you may find related guidance elsewhere on this site.

What to Do Today

• Find the service date on your documents and calculate your deadline — 21 days (in-state) or 35 days (out-of-state or by publication).
• If you've been served, don't ignore it — decide today whether you'll respond or appear, and know that participating protects your rights.
• Start the guided wizard to prepare and pre-fill the right forms, whether you're finalizing a case or responding to one.
• If a default was already entered against you, write down the date it happened and begin gathering the facts that support your defense.
• Gather key documents — anything showing your finances, property, and (if children are involved) your parenting involvement.

Related Issues to Be Aware Of

• Service of process: A default can only proceed if the other party was properly served or waived service. If your spouse can't be found, the court may allow service by publication after you show diligent efforts — and the clock for a default runs 35 days from publication. Getting service right is the foundation for everything else.
• Filing and court forms: Your petition must contain specific information, and Colorado has jurisdictional requirements — including that one spouse has lived in Colorado for 91 days before filing. If there are no minor children and no pregnancy, final orders may be available by affidavit, which can matter in an uncontested or default case.
• Property division: If a default is entered, the court can divide marital property without your input. Colorado divides marital property equitably — not necessarily equally — considering each spouse's circumstances and contributions. If you don't participate, you lose the chance to argue for your fair share, which is one of the biggest risks of letting a default stand.