How can I start the divorce process in Colorado?
Tawni Cummings
Colorado managing attorney at Marble Law
Key Takeaways
- The divorce in Colorado begins when one spouse files the correct paperwork. The paperwork differs if you’re filing jointly or separately.
- After filing, you need to serve your spouse with the paperwork, and each of you needs to share your financial information with the other.
- From there you attend an initial status conference at the court. At the conclusion of this meeting, you’ll know the next steps for your divorce case.
Once you meet the residency requirements, you start the divorce process in Colorado by filing the correct paperwork.
If you’re filing jointly, that means:
And if you’re filing separately, that means:
File these documents online or at your local district court. When you do so, you owe a filing fee.
Now let’s break down the next steps.
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Serving your spouse
After filing, unless you filed jointly, you then need to serve your spouse with the divorce papers. You may have any of the following serve the petition for divorce, summons, case information sheet and a blank waiver and acceptance of service on your spouse:
- The sheriff
- A professional process server
- Anyone over 18 who’s not involved in the case and knows how to serve papers
Note that sheriffs and professional process servers charge for this service.
Your spouse has 21 days to respond once they’ve been served.
Financial disclosure
Within 42 days of the spouse being served the divorce papers, each spouse must share all of their financial information with the other. This includes a financial statement and, if appropriate, a supporting schedules document and exchanging a number of documents with your spouse.
Initial status conference
The court sets an initial status conference for both parties to come to court. This is not a hearing; it’s simply a meeting between the parties and typically a family court facilitator, magistrate or judge. This conference gives the court a chance to do things like:
- Check whether each party has sent the other their financial information
- Learn if the parties have attended the parenting class (if they share minor children)
- Clarify any deadlines
- Review procedures for the divorce
- Determine if there’s a need for any hearings for temporary orders
- Review the issues of the divorce
At the end of the conference, the court lays out the next steps for the couple’s divorce process.
While this is how you technically start the process, it’s often beneficial to consult with a family law attorney before filling out the divorce paperwork. An experienced lawyer can help ensure you understand your rights and obligations and shed light on the entire divorce process.
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