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Uncontested Divorce in Colorado

Requirements for an Uncontested Divorce in Colorado

To qualify for an uncontested divorce (called dissolution of marriage) in Colorado, you must meet the following conditions:
 

  1. Residency: At least one spouse must have lived in Colorado for at least 91 days before filing.
     

  2. Mutual Agreement: 

    • Division of property and debts

    • Spousal maintenance (alimony)

    • Child custody and parenting time (if applicable)

    • Child support (if applicable)
       

  3. No-Fault Divorce: 

  • Colorado is a pure no-fault state — the only ground for divorce is that the marriage is irretrievably broken.

  • No proof of wrongdoing or fault is required.

Steps to File for an Uncontested Divorce:

  1. File the Initial Paperwork:
    -If both spouses agree, you can file jointly. Use:

    JDF 1000 – Case Information Sheet
    JDF 1101 – Petition for Dissolution of Marriage (or Legal Separation)
    JDF 1102 – Summons (if not filing jointly)
    -File with the District Court in the county where either spouse resides.

     

  2. Pay the Filing Fee:
    -The filing fee is approximately $230.
    -Fee waivers are available for those who qualify (Form JDF 205).

     

  3. Serve the Other Party (if not filing jointly):
    -If only one spouse files, the other must be formally served.

     

  4. Submit Financial Disclosures:
    -Both parties must exchange:
    JDF 1111 – Sworn Financial Statement
    Supporting documents (e.g., pay stubs, tax returns)
    -Must be completed within 42 days of filing.

     

  5. Submit Separation Agreement & Parenting Plan (if applicable):
    -Separation Agreement (JDF 1115): Outlines property, debt division, spousal support.
    -
    Parenting Plan (JDF 1113): Required if you have children.

     

  6. Court Review & Decree:
    -In an uncontested case, the court may approve your paperwork without a hearing, but sometimes a brief appearance is required.
    -If everything is complete and fair, the court will issue a Decree of Dissolution of Marriage.

     

  7. Minimum Waiting Period:
    -Colorado law requires a 91-day waiting period from the date of service or joint filing before the divorce can be finalized.

Cost Considerations

  • Filing Fee: ~$230
     

  • Attorney Flat Fees: Often range from $500 to $1,200 for uncontested cases
     

  • Online Services: Divorce form preparation services typically charge $150–$400
     

  • Fee Waiver: You can apply using Form JDF 205 if you cannot afford the court costs

Important Considerations

  • Children:
    If minor children are involved, the court will require a parenting plan and may require both parents to take a parenting class.

  • No Legal Separation First:
    You don’t have to be legally separated before filing for divorce.

  • Legal Review:
    Even in uncontested cases, it’s wise to have an attorney review your agreement, especially if property or children are involved.

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