How to File for Divorce in Colorado

Navigating the Dissolution of Marriage: An Expert’s Guide to Filing for Divorce in Colorado (2026 Edition)

Deciding to end a marriage is rarely a simple decision, and in Colorado, the legal process that follows is designed to be rigorous. Whether you are a service member living in Colorado Springs, a professional in Castle Rock, or a resident of Monument, understanding the statutory framework of Title 14 of the Colorado Revised Statutes (C.R.S.) is essential to protecting your future.

At Perrino Law Firm, we believe that an informed client is an empowered client. Below is the technical roadmap for filing for divorce in Colorado.

Establishing Jurisdiction: The 91-Day Rule

Before the court can even look at your case, you must satisfy the residency requirements under C.R.S. § 14-10-106.

• Domicile: At least one spouse must have been a resident of Colorado for at least 91 days immediately preceding the filing of the Petition.
• The Military Exception: For our clients in Colorado Springs, domicile for military members is often more complex. Being stationed here is not always enough to establish domicile; the court looks for “intent” to remain (e.g., a Colorado driver’s license or voter registration).
• Home State for Children: If minor children are involved, Colorado must generally be the “home state” under the UCCJEA (C.R.S. § 14-13-201), meaning the children must have resided here for at least 182 days (six months) before the court can enter a permanent parenting plan.

The “No-Fault” Standard and the Petition

Colorado is strictly a “no-fault” state. Per C.R.S. § 14-10-106(1)(a)(II), the only ground for divorce is that the marriage is “irretrievably broken.” This means the court will not consider adultery or “abandonment” when deciding whether to grant the divorce or how to divide property.

The Filing Process:

You may file as a Petitioner (solely) or as Co-Petitioners (jointly).

1. Petition for Dissolution of Marriage (JDF 1101): This document initiates the case.
2. The Automatic Injunction (C.R.S. § 14-10-107): The moment the Petition is filed and served, a mandatory injunction goes into effect. It restrains both parties from:
   • Hiding or disposing of marital assets.
   • Unilaterally canceling insurance policies (health, life, auto).
   • Removing the children from the state without court permission.

Financial Transparency: Rule 16.2 and the Sworn Financial Statement

In Colorado, “hide and seek” is not a legal strategy. Under Colorado Rule of Civil Procedure (C.R.C.P.) 16.2, parties have an “affirmative duty” to disclose all material financial information.

You must exchange Mandatory Disclosures (Form 35.1) within 42 days of the case starting. This includes three years of tax returns, pay stubs, bank statements, and retirement account information. You must also file a Sworn Financial Statement (SFS).

Note: Failure to disclose an asset can lead to the court reopening your case up to five years later to reallocate that asset—often with heavy sanctions against the non-disclosing party.

The 91-Day “Cooling Off” Period

Even in the most amicable, “uncontested” cases, Colorado law imposes a mandatory waiting period. Under C.R.S. § 14-10-106(1)(a)(III), the court cannot sign your Decree of Dissolution until at least 91 days have passed from the date the other party was served or the date of a joint filing.

Stage	Timeline	Key Goal
Initial Filing	Day 1	Establish jurisdiction and trigger injunctions.
Initial Status Conference (ISC)	Within 42 Days	Meet with the Family Court Facilitator to set deadlines.
Disclosures	Within 42 Days	Full financial transparency under Rule 16.2.
Waiting ‘Period	91 Days after Service	Divorce is Possible

2026 Legislative Updates: Child Support & Maintenance

If your divorce involves children or requests for spousal maintenance, you must be aware of the significant changes that went into effect on March 1, 2026.

• The Support “Cliff” is Gone: The old “93-overnight” rule for child support has been replaced by a graduated curve. This reduces the incentive for “overnight-counting” litigation, as every night spent with a parent now incrementally adjusts the support calculation.
• Medical Expenses: The $250 threshold for extraordinary medical expenses has been eliminated. Parents now share medical costs from the first dollar, proportional to their incomes.
• Income Caps: The basic child support schedule now extends to a combined monthly adjusted gross income of $40,000.

Why Experienced Counsel Matters in a Colorado Divorce

While the forms may look simple, the law behind them is anything but. Whether you are navigating a complex Military Divorce with a TSP and pension division, or a high-asset case in Castle Rock involving business valuations, the nuances of the Colorado Revised Statutes require a steady hand and a deep understanding of local court procedures in the 4th and 18th Judicial Districts.

Contact an Experienced Colorado Divorce Lawyer Near You

Don’t navigate this transition alone. Perrino Law Firm offers the expertise, empathy, and strategic advocacy you need to protect your family and your future.

Would you like to speak with an experienced Colorado family law attorney? Click Here to Contact Perrino Law Firm for Your Free Initial Consultation or call us at 719-400-1122 to schedule your strategy session.