Colorado Divorce: What You Need to Know

Divorce is the legal process of ending a marriage, with specific rules governing the process in each state. In Colorado, the official term for divorce is dissolution of marriage and it is usually handled by the District Court in the county where the spouse lives. How divorce works in Colorado, the waiting period, divorce types, court process, county-level filing details, and how to search for divorce records are essential to understanding divorce processes in the state.

How Does Divorce Work in Colorado?

In Colorado, there are specific residency rules that guide divorce. Before filing a case, either spouse must have lived in the state for at least 91 days. If the case concerns children, the children must have resided in Colorado for at least 182 days (six months) before the court can make custody decisions.

As a no-fault divorce state, the only required ground for divorce in Colorado is that the marriage is irretrievably broken. It is not necessary for either spouse to establish misconduct such as adultery, abandonment, or cruelty in order to file a case.

The state also has a mandatory waiting period of 91 days from the date the petition is filed (or served on the other spouse) before the court can finalize the divorce. Even if the spouses agree on everything, the court cannot enter a final decree until this period has passed.

Furthermore, timelines vary depending on whether the divorce is contested. An uncontested divorce may be finalized shortly after the 91-day waiting period if all agreements are in place. In a contested divorce where spouses disagree on custody, property, or finances, can take many months and may require mediation, hearings, and trial.

Types of Divorce in Colorado

The several types of divorce proceedings recognized in Colorado are:

• Uncontested divorce: This occurs when both spouses agree on all issues, including property division, custody, and support. This case moves quickly and requires less court time.
• Contested divorce: There are disputes over one or more issues. This case takes longer, involves more paperwork, and often requires court hearings or trial.
• No-fault divorce: This is the standard option in Colorado, with the only ground being that the marriage is irretrievably broken.
• Collaborative divorce: To reduce conflict and time spent in court, spouses and their attorneys work together outside of court to negotiate agreements.
• Legal separation: This action allows spouses to live apart under legally binding terms for property, custody, and support without dissolving the marriage. Some couples choose this for religious or financial reasons.

Colorado Divorce Court Process and Forms

Divorces are filed in the District Court in the county where either spouse lives. The process begins when one spouse, the petitioner, files a Petition for Dissolution of Marriage or Legal Separation (JDF 1101) along with a Case Information Sheet. In a situation where both spouses agree, they can file a Joint Petition.

After filing, the other spouse, who is also called the respondent, must be formally served with the paperwork unless the case is filed jointly. This service can be done by the Sheriff, Private Process Server, or a waiver of service if both agree. Upon the completion of service, the respondent has 21 days to respond if they live in Colorado or 35 days if they live outside the state.

Moreover, Colorado requires both spouses to exchange financial disclosures within 42 days after the petition is served. These include income statements, tax returns, debt and asset lists, and bank account information.

If the case involves children, both parents must attend a parenting education class before custody orders can be finalized. In addition, judges often require mediation in contested cases so that parents can reach agreements outside of trial.

If the case is uncontested, the court may approve the agreements and issue a divorce decree after the waiting period. In contested cases, the judge proceeds to resolve the case through hearings and trials.

Once the judge signs the Decree of Dissolution of Marriage, the divorce process is considered final. This document ends the marriage and spells out all the final decisions the court made about things like custody, property, alimony, and child support.

City- and County-Level Filing Details

Divorce cases are generally filed in the District Courts at the county level in Colorado. Here are details for some of the District Courts in the state’s largest counties:

• Denver County District Court (Denver):
  • Courthouse: Denver District Court, Lindsey-Flanigan Courthouse, 520 W. Colfax Avenue, Denver, CO 80204.
  • Services: It allows attorneys and self-represented litigants to file and serve divorce documents through the e-filing system.
• El Paso County District Court (Colorado Springs):
  • Courthouse: El Paso County District Court, 270 S. Tejon Street, Colorado Springs, CO 80903.
  • Services: It offers comprehensive self-help forms through the Colorado Judicial Branch website. In addition, this court uses alternative dispute resolution methods such as mediation to resolve divorce cases.
• Arapahoe County District Court (Littleton):
  • Courthouse: Arapahoe County Justice Center, 7325 S. Potomac Street, Centennial, CO 80112.
  • Services: This court recommends parenting education classes when children are involved in divorce matters.
• Jefferson County District Court (Golden):
  • Courthouse: Jefferson County District Court, 100 Jefferson County Parkway, Golden, CO 80401.
  • Services: Petitioners can access court forms online and at the courthouse. This court may also recommend mediation in custody disputes.
• Boulder County District Court (Boulder):
  • Courthouse: Boulder County District Court, 1777 6th Street, Boulder, CO 80302.
  • Services: Individuals can access self-help forms in the county’s law library.

Before filing a case, petitioners should check with the local District Court Clerk’s office since rules and resources may vary by county.

How to Search for Divorce Records in Colorado

Divorce records in Colorado are generally public, but certain sensitive information like financial account details, Social Security numbers, and information about minor children are often redacted. Also, these records are maintained by the District Court Clerk in the county where the divorce was finalized. The main ways to access them include:

• At the courthouse: You can request regular or certified copies directly from the Clerk’s Office for a small fee.
• Online: Anyone can look up a case online through the CoCourts system. Some counties also have online portals through which individuals can view case summaries.
• Third-party services: Although the Court Clerk is the best source for official documents, interested parties may look up cases through private websites.

Divorce records typically include the names of the spouses, the date and county of divorce, the case number, and the judge’s orders on custody, property, and support.

Key Points

• In Colorado, divorce is called a dissolution of marriage and is filed in the District Court of the county where either spouse lives.
• One spouse must live in Colorado for at least 91 days before filing, while children must live in the state for six months for custody to be decided.
• Colorado is a no-fault divorce state which means that a marriage is irretrievably broken to be dissolved.
• A 91-day waiting period applies before a divorce can be finalized.
• Divorces may be uncontested, contested, collaborative, or filed as legal separation.
• Parents of minor children must attend parenting classes, and mediation is often required.
• Divorce records are public and available from District Court clerks, with online case lookup also available.