If you want a divorce or legal separation of your marriage or civil union:
One party must have lived in Colorado for at least 91 days before you may file.; and
If you have children, they must have lived in Colorado for at least 182 days or since birth if under six months old.
If you meet the criteria above, the next step is to begin preparing the initial forms to initiate your case. To do so, there are two options:
Sign the Petition Together
If you and your spouse sign the petition together, the process is simpler, and you only need to file that petition and a case information sheet.
One Party Signs the Petition
If only one party signs the petition, then a case information sheet and a summons are also required. The summons is the legal document that, when served, compels the other spouse’s attendance/participation in the case.
If the other spouse does not want to accept the court papers (by signing a waiver of service), then you will need to have the initiating documents personally served. Service can be a convoluted process so see below for the specific steps.
- Find a process server, ask: The Sheriff, a professional process server, or an adult (over 18) who is not involved in this case and knows how to serve.
- Give the process server an address where the Respondent can be found.
- Give the process server copies of these papers: Petition, Case Information Sheet, and Summons. A blank Return of Service.
- The process server gives copies of these papers to the Respondent.
- Process server signs an affidavit of service and you file that into your case, proving service was effectuated.
If you successfully complete either step 1 or step 2, you will have officially started a dissolution of marriage action. From there, you will definitely want to at least consult with an attorney to create a road map for your case.
