How to File for Divorce in Denver: A Step-by-Step Guide – Guest Post

Divorce isn’t something most people plan for, but when it becomes inevitable, the process can feel overwhelming. Between legal paperwork, court procedures, and the emotional toll, it’s easy to feel lost. But here’s the good news: Colorado law actually makes filing for divorce fairly straightforward—at least from a legal standpoint. The real challenge? Navigating the process in a way that protects your rights and sets you up for a stable future.

If you’re in Denver and considering divorce, this guide will walk you through the steps, breaking down the legal jargon and helping you understand what to expect.

Step 1: Meet Colorado’s Divorce Requirements

Before filing, make sure you actually qualify for a divorce under Colorado law. Here’s the basic checklist:

• Residency Requirement: Either you or your spouse must have lived in Colorado for at least 91 days before filing.
• Grounds for Divorce: Colorado is a no-fault divorce state, which means you don’t need to prove infidelity, abuse, or wrongdoing. You simply state that the marriage is “irretrievably broken.”
• Children Residency Rule: If you have kids, they must have lived in Colorado for at least 182 days before the court can make custody decisions.

If you check all those boxes, you’re good to move forward.

Step 2: File the Initial Paperwork

This is where the legal process begins. You’ll need to submit a Petition for Dissolution of Marriage to the district court in the county where you or your spouse lives. In Denver, that’s usually the Denver District Court.

You have two filing options:

1. Uncontested Divorce (Joint Filing) – If you and your spouse agree on everything (property division, child custody, support, etc.), you can file a Co-Petition together. This speeds up the process.
2. Contested Divorce (Solo Filing) – If you file alone, you’re the “petitioner,” and your spouse is the “respondent.” You’ll need to serve them with divorce papers, giving them 21 days to respond (or 35 days if they live out of state).

The filing fee for divorce in Colorado is $230, though fee waivers are available if you qualify.

Step 3: Serve Your Spouse (If Filing Solo)

If you’re the one filing alone, Colorado law requires you to officially notify your spouse. This is called “service of process,” and it ensures they have a fair chance to respond.

You can serve divorce papers in a few ways:

• Personal Service: Hire a process server or have the sheriff’s office deliver the papers.
• Certified Mail: You can send the papers via certified mail with a return receipt.
• Waiver of Service: If your spouse agrees, they can sign a form waiving formal service.

Once your spouse is served, the clock starts ticking on their response deadline. If they don’t respond in time, you may be able to request a default divorce, meaning the court can finalize the divorce without their input.

Step 4: Financial Disclosures – Show Your Cards

Divorce isn’t just about splitting up—it’s about splitting assets, debts, and financial responsibilities. That’s why Colorado law requires both spouses to exchange financial disclosures within 42 days of filing.

These disclosures include:

• Bank account statements
• Pay stubs and tax returns
• Property valuations
• Retirement accounts
• Debts and liabilities

Think of it like laying all the financial cards on the table. If one spouse tries to hide assets (which happens more often than you’d think), the court can penalize them.

Step 5: Negotiate Terms (or Let the Court Decide)

At this point, you and your spouse have to decide how to handle:

• Property and Debt Division – Colorado follows equitable distribution, which means assets are divided fairly, but not necessarily 50/50.
• Child Custody & Parenting Time – Courts prioritize what’s in the child’s best interest.
• Child Support & Alimony – Based on income, expenses, and standard calculations.

If you and your spouse can agree on everything, great! You can submit a Separation Agreement to the court, which speeds up the process. If not, you’ll likely go through mediation—or, if that fails, court hearings where a judge makes the final call.

If you’re unsure about your rights or how to navigate negotiations, speaking with a family law attorney in Denver can be invaluable.

Step 6: Court Hearing (If Needed)

Not all divorces require a court hearing. If you and your spouse agree on everything, the judge may sign off on your divorce without you stepping into a courtroom.

But if disputes arise—especially over kids, money, or property—you may need a hearing. Judges typically prefer compromise over conflict, so they’ll often encourage mediation before making a ruling.

Step 7: Final Divorce Decree – The Finish Line

Once all issues are resolved (either by agreement or court ruling), the judge will issue a Decree of Dissolution of Marriage.

In Colorado, there’s a mandatory 91-day waiting period from the time you file until the court can finalize your divorce. Even if you and your spouse agree on everything, you can’t get divorced overnight. But once that waiting period is up, and all paperwork is in order, the court will sign off—officially ending your marriage.

Life After Divorce: What’s Next?

Divorce is more than just a legal process; it’s a major life shift. You might need to:

• Update financial accounts and legal documents (wills, insurance, etc.)
• Adjust to a new co-parenting arrangement
• Consider therapy or counseling for emotional support
• Work with a financial planner to rebuild stability

And if issues pop up later—like unpaid child support, custody conflicts, or the need to modify agreements—a Denver family law attorney can help you navigate those changes.

Final Thoughts

Filing for divorce in Denver isn’t necessarily complicated, but it does require careful planning. Whether your divorce is amicable or contentious, knowing the steps ahead can make the process far less stressful.

If you’re feeling unsure about legal requirements, property division, or custody battles, speaking with a family law attorney in Denver can provide clarity and peace of mind. Because when it comes to protecting your future, having the right legal support makes all the difference.