Filing and Court Forms

This guide is based on Colorado family law information. Please note: everything here is for general informational purposes only — it is not legal advice. For advice about your specific situation, consult a licensed Colorado attorney.

Your Situation

You're getting ready to start a divorce (which Colorado calls a "dissolution of marriage") or a legal separation. The paperwork and filing rules can feel like a maze, but the goal is simple: open a case in the right court, with the right documents, so a judge can eventually divide your property and debts, sort out parenting and support if you have children, and formally end or restructure the marriage.

This matters because getting the filing right from the start saves you time, money, and frustration. File in the wrong county or skip a required document, and your case can be delayed, transferred, or dismissed. This guide walks you through what Colorado law requires, what the courts actually do, and the concrete steps to get your case moving — along with the fact that this site has a tool that can prepare your paperwork for you.

What the Law Requires

A few things are firmly set by Colorado law:

Residency comes first. One of you must have lived in Colorado (been "domiciled" here — meaning you made Colorado your true home, not just a temporary stop) for at least 91 days before you file. This is a jurisdictional requirement, which means it's non-negotiable. You and your spouse cannot agree to skip it, and a court has a duty to dismiss a case where it isn't met.

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If neither you nor your spouse has been domiciled in Colorado for at least 91 days before filing, a Colorado court cannot hear your divorce — this requirement cannot be waived.

What the petition must contain. The first document you file is called a "petition" (the reply from the other spouse is called a "response"). Colorado law requires the petition to state the date and place of your marriage, the date you separated, the names, ages, and addresses of any children of the marriage, whether the wife is pregnant, any arrangements for parenting, child support, and maintenance (spousal support), and the specific relief you're asking the court for. The petition must also allege that the marriage is "irretrievably broken" — Colorado's no-fault standard. Because courts generally cannot grant relief you didn't ask for, it matters that you request everything you need the court to decide.

Required disclosures. If a temporary or permanent protection order was issued within the last five years where your spouse was the protected person, you must disclose it to the court, including the subject matter, case number, and issuing jurisdiction. If children are involved and child support is at issue, you must also disclose on a court form whether you or your children have received public assistance in the last five years (there's no penalty for not reporting under this particular rule, but it's required).

Fees and the waiting period. A $5 fee is assessed against non-indigent petitioners, in addition to the docket filing fee. And a court can only enter a final decree after residency is established, the marriage is found to be irretrievably broken, and at least 91 days have passed since the court gained jurisdiction over your spouse.

A note on technical wording. Colorado courts have held that a petition does not have to recite the 91-day residency in the exact statutory words to be valid — small wording imperfections aren't fatal defects.

What Courts Typically Do

In practice, you file your case in the District Court of a Colorado county. Where you file depends on your situation: if children are involved, you generally file where your child has lived for the last 182 days; otherwise, you typically file where you or your spouse has lived for the last 91 days. Filing in the wrong county can cause delays, a transfer, or dismissal, so this is worth getting right.

Courts generally offer three ways to file: by mail (pay by check), in person at the courthouse (cash, check, or card — confirm which cards your court accepts), or by e-filing, which is only available in some counties. The filing fee to start a divorce or legal separation is typically $230. If you cannot afford it, you can request a fee waiver — but importantly, fee waivers are not available for e-filings, so you must file by mail or in person to use that option. E-filing also adds extra costs (a convenience fee plus a service fee per filing).

Courts treat joint filings differently from separate filings. If you and your spouse start the case together, you skip the summons and the formal service-of-process steps, which can save time and money. If you file on your own, the case also requires a summons so your spouse gets formal notice. The summons includes the automatic temporary injunction — a set of restrictions that takes effect on both spouses by operation of law once the case begins.

If you have no minor children and the wife isn't pregnant, Colorado allows final orders to be entered on affidavit, meaning an uncontested divorce can sometimes be finalized without a court hearing.

Step by Step: What to Do

1. Confirm residency. Make sure you or your spouse has been domiciled in Colorado for at least 91 days before filing. This is the threshold that gives the court power over your case.

2. Figure out the right county. If you have children, that's generally the county where your child has lived for the last 182 days. Otherwise, it's where you or your spouse has lived for the last 91 days.

3. Decide whether to file jointly or separately. If you and your spouse agree to start together, you can file jointly and skip the summons and service steps. If not, you'll file separately and arrange for your spouse to be formally served.

4. Prepare your petition and starting documents. Rather than hunting down blank forms and figuring out which boxes to check, let the guided wizard on this site interview you about your situation and prepare and pre-fill the correct Colorado forms for you — the case information sheet, the petition, and, if you're filing separately, the summons.

5. Gather the facts the petition needs. Have your marriage date and place, separation date, children's names/ages/addresses, and a clear list of what you're asking the court to decide (property, debts, parenting, child support, maintenance, attorney fees). Also note any protection orders from the last five years and any public assistance received, since those must be disclosed.

6. File and pay. Submit your paperwork by mail, in person, or by e-filing (where available). Pay the filing fee, or — if you're filing by mail or in person — request a fee waiver if you can't afford it.

7. Serve your spouse (if filing separately). Your spouse must be formally served, and proof of that service gets filed back with the court. The wizard can prepare that paperwork too.

8. Keep copies of everything for your own records, and if your address changes, notify the court in writing so you don't miss anything.

9. Watch the calendar. Remember the court can't enter a final decree until at least 91 days have passed since it gained jurisdiction over your spouse.

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If you change your mind and both of you want to stop the divorce, tell the court promptly — failing to do so could result in a decree being entered automatically.

What Research Shows Can Help

The items available for this topic focus on the filing process and the law — they don't include social science research findings about outcomes for families. So rather than pad this section, I'll be honest: there isn't research-based guidance in the material provided here. For research on parenting and co-parenting, look to the related topics that focus on those issues.

What to Do Today

• Verify the 91-day residency for you or your spouse, and confirm which county is correct for filing.
• Start the guided wizard so your petition and starting documents get prepared and pre-filled correctly for your situation.
• Pull together your key facts: marriage date/place, separation date, children's details, and a complete list of what you want the court to decide.
• Make a note of any protection orders from the last five years and any public assistance received — you'll need to disclose these.
• If cost is a concern, plan to file by mail or in person (not by e-filing) so you can request a fee waiver.

Related Issues to Be Aware Of

• Understanding the divorce process. Filing is just the opening move. Knowing how the whole process unfolds — that a judge (not a jury) decides everything, that residency and the 91-day waiting period are prerequisites to a decree, and that the court can defer some decisions until after the decree — helps you set realistic expectations from day one.

• Service of process. If you're filing separately, your spouse must be personally served under the court rules before the case can move forward. If you can't locate your spouse, there's a path to serve by publication through a verified motion showing you tried diligently — and the court can cover publication costs if you can't afford them.

• Temporary orders. Divorce takes time, and in the meantime either spouse can ask the court for temporary orders covering things like who pays which debts, use of the home, support, parenting time, and attorney fees. These orders don't lock in the final outcome and end when the decree is entered.

• Self-help resources. You don't have to navigate this alone — free help is available, including Family Court Facilitators at many courthouses who can help self-represented people with forms and procedures, and the Judicial Branch's free online child support calculator.