The Colorado Divorce Process: A Step-by-Step Roadmap from Petition to Final Decree

A Colorado divorce, called a dissolution of marriage in the statutes, follows a defined sequence: file a petition, serve your spouse, exchange mandatory financial disclosures, attend an initial status conference, resolve the issues through agreement or a hearing, and enter a final decree. Colorado law also sets a minimum 91-day waiting period before any decree can be entered, so even a fully agreed case takes at least about three months.^[1]

Understanding the full Colorado divorce process before you begin turns an overwhelming life event into a series of manageable steps. This roadmap walks through each stage so you can see the terrain ahead, know what the court expects at each point, and recognize where preparation makes the biggest difference. Think of it as your North Star for the months to come.

Who can file for divorce in Colorado

Before the court can dissolve a marriage, a few threshold requirements have to be met. They are straightforward, but they matter for timing and jurisdiction.

• Residency. At least one spouse must have been domiciled in Colorado for 91 days before the petition is filed.^[2]
• Grounds. Colorado is a no-fault state. The only ground is that the marriage is irretrievably broken, so neither spouse has to prove wrongdoing.^[3]
• Where to file. The case is filed in the district court of the county where either spouse lives.
• Children. If your case involves children, Colorado must also be the children’s home state, which generally means they have lived here for about six months, before the court can decide parenting issues.

Step 1: File the petition for dissolution of marriage

One spouse (the petitioner) files a Petition for Dissolution of Marriage, or both spouses file together as co-petitioners. The petition is filed with a case information sheet and summons in district court, and a filing fee applies.

The petition sets out the basic facts the court needs: each spouse’s residency, the date and place of marriage, the date of separation, any children, and the relief requested.^[4]

Step 2: Service and response

If only one spouse files, the other must be personally served, or can waive and accept service. The responding spouse generally has 21 days to file a response if served in Colorado, or 35 days if served outside the state.

Filing and serving the case also triggers an automatic temporary injunction that applies to both spouses. It restrains both parties from disposing of marital property outside the ordinary course, from disturbing each other’s peace, from removing the children from Colorado without consent or a court order, and from canceling or letting key insurance lapse.^[5]

Step 3: Mandatory financial disclosures

Colorado requires both spouses to put their finances on the table early. Within 42 days after the petition is served, each party must exchange Mandatory Disclosures and a Sworn Financial Statement, without waiting to be asked.^[6]

This is an affirmative and ongoing duty. Incomplete or inaccurate disclosure can lead to sanctions and can give the court reason to reopen issues later, so accuracy here protects you down the road.

Step 4: The initial status conference

Early in the case, the court (or a family court facilitator) holds an initial status conference to review where things stand, set deadlines, and chart a path for the case. To the extent reasonably possible, disclosures should be exchanged by this point.

This conference is also where the court flags whether mediation, experts, or temporary orders are needed, so the case is managed rather than left to drift.

The 91-day waiting period explained

Colorado imposes a mandatory waiting period: a decree cannot be entered until at least 91 days have passed from the date the court acquires jurisdiction, which is the later of service on the respondent or a joint filing.^[7]

It helps to read this as a floor, not a finish line. The 91 days set the earliest possible date a divorce can be final, not a promise that the case will conclude then. Cases with disputed parenting, support, or property issues routinely take longer.

Temporary orders while the case is pending

Life does not pause during a divorce. Either spouse can ask the court for temporary orders covering interim parenting time, child support, spousal support, payment of debts, use of the home, and attorney fees, so the family stays stable until final orders.^[8]

Negotiation, mediation, and settlement

Most Colorado divorces resolve by agreement rather than a contested trial. Many courts require the parties to attempt mediation before setting a final hearing, because a negotiated resolution usually gives families more control than a judge’s ruling.

When the spouses reach agreement, the terms are written into a separation agreement and, if there are children, a parenting plan that the court reviews and approves.

Step 5: Final orders and the decree

How the case ends depends on whether issues are agreed or disputed.

1. Agreed cases. When everything is resolved, the decree can sometimes be entered on affidavit, without anyone appearing in court.
2. Contested cases. When issues remain, the court holds a final orders hearing (sometimes called permanent orders) and decides the open questions after hearing evidence.

Either way, the decree of dissolution is final when the court enters it, subject to the right of appeal, and the marriage is legally ended at that point.^[9]

When to involve an attorney

Some divorces are simple enough to navigate with court self-help resources. Others carry complexity that benefits from guidance: significant or commingled assets, a business, retirement accounts, executive compensation, high conflict, safety concerns, or facts that cross state lines.

Because Johnson Law Group works across Colorado, Illinois, Florida, and Wyoming, multi-state and jurisdictional questions are familiar territory rather than an obstacle.

Common mistakes to avoid

• Treating the 91-day waiting period as a guaranteed end date instead of the earliest possible one.
• Missing the 42-day disclosure deadline or submitting an incomplete Sworn Financial Statement.
• Acting against the automatic temporary injunction, such as moving large sums or taking the children out of state without consent or a court order.

Frequently Asked Questions

What are the steps to get divorced in Colorado?

File a petition, serve your spouse, exchange financial disclosures, attend an initial status conference, resolve the issues by agreement or hearing, and enter a final decree. Temporary orders can stabilize finances and parenting along the way.

How long does a divorce take in Colorado?

At least 91 days from the date the court gains jurisdiction, because of the statutory waiting period. Uncontested cases often finalize in roughly three to six months, while contested cases involving children, support, or complex assets can take longer.

What is the 91-day waiting period in Colorado?

It is a mandatory minimum set by statute. No decree can be entered until at least 91 days after service or joint filing, and it applies even when both spouses agree on everything.

Do you have to go to court for a divorce in Colorado?

Not always. When all issues are agreed, a decree can sometimes be entered on affidavit without a hearing. A court appearance is generally needed only when issues remain in dispute.

Map your next step with Johnson Law Group

You do not have to memorize every rule to move forward with confidence. Our job is to translate the process, prepare your case carefully, and keep you informed at each stage. The Johnson Law Group team guides Colorado clients through each step of a divorce, from the petition and financial disclosures to the initial status conference and final orders, so the process feels navigable rather than overwhelming. Our family law attorneys can explain what the court expects at every stage, help you meet deadlines, and prepare your case with the documentation that matters. With offices across the Colorado, it is easy to meet in person or virtually. 

Schedule a free, no-pressure consultation to map your Colorado divorce and understand your options. Call us or request a consultation online whenever you are ready.

This article provides general information about Colorado family law and is not legal advice. Every situation is different, and statutes and court rules can change. For guidance on your specific circumstances, speak with a licensed Colorado attorney.

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