Learn the legal ways to deliver divorce or custody papers to the other person to formally start your case.
Going through a divorce can be one of the hardest things a person can face. This guide is for married people who want to file for divorce. It explains the basic steps to start a divorce case, even if your spouse doesn’t agree or participate.
Who Can File for Divorce in Colorado?
Either you or your spouse can file for divorce. Colorado is a “no-fault” divorce state, so you don’t need to prove anyone did anything wrong to get divorced. You only need to show that your marriage is “irretrievably broken,” meaning there’s no chance of getting back together. You can start a divorce case by filling out and filing the forms, even if your spouse doesn’t agree to participate.
To file for divorce you or your spouse must have lived in Colorado for at least 91 days before filing.
If you have children with your spouse, they must have lived in Colorado for at least 182 days (about 6 months) before the court can make decisions about them.
How Do I File for Divorce?
Step 1: Fill out the forms
You’ll need to complete and file these forms with the court:
- JDF 1011: Petition for Divorce
- JDF 1000: Case Information Sheet
- JDF 1012: Summons for Dissolution of Marriage
- You do not sign this form. The clerk will sign this for you when you file your case.
- If you cannot afford the filing fees, you may be eligible to have them waived by filing JDF 205: Motion to Waive Fees
Step 2: File the forms at the courthouse
After you complete the forms, you need to file them with the District Court in the county where either you or your spouse live. You can either file them in person or you can e-file them if you have access to a credit card.
At the courthouse there will be a court clerk who accepts completed forms. You’ll need to pay a filing fee. If you cannot afford the filing fee you may be eligible to have it waived and can file JDF 205: Motion to Waive Fees.
The court clerk will sign a summons. This is an official court document saying that a divorce has been filed, listing rules that you and your spouse must follow, and providing instructions for how and when your spouse must respond.
Make copies of everything you file, one for yourself and one to serve on your spouse.
Step 3: Serve your spouse with the summons
Your spouse must receive legal notice of the case. This is called service.
You cannot serve the papers yourself. Service must be done by:
- The sheriff’s department,
- A professional process server, or
- An adult (18 or older) who is not part of the case
See Serving Divorce or Custody Papers for more information on how to do this.
After service:
- You have to file a Return of Service with the court. A Return of Service is a document that confirms the legal papers were delivered to the respondent.
Important!
You usually cannot move the case forward until service is completed.
Does it matter who files first?
No, there’s no legal advantage to filing first.
- The person who files the case first is called the petitioner.
- The other person is called the respondent.
- If you file together, you’re petitioner and co-Petitioner.
The Petitioner is responsible for making sure all the initial documents (the summons, petition, and Case Information Sheet) are served on the respondent and may need to schedule the first court date.
What happens after you file?
A temporary injunction goes into effect when you file for divorce and serve your spouse.
This means both people must follow certain rules:
- Don’t sell, hide, or give away marital property without permission.
- Don’t disturb your spouse’s peace (e.g., no excessive calls or uninvited visits).
- Don’t take shared children out of Colorado without permission from the court or the other parent.
- Don’t cancel or change insurance policies that cover either spouse or the children.
Important!
The injunction goes into effect for you as soon as you file. For your spouse, it goes into effect once they receive notice or agree to waive service.
Need more help?
You can get help from the courts. Every judicial district has staff called “Sherlocks” to help people with their legal questions. To find the Sherlock in your county, visit the Judicial Department’s Sherlock webpage.