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Family & Divorce Law

Colorado Divorce Paperwork - How to Complete, File, and Serve

By Tolison & Williams / October 30, 2020

If there's one thing the pop culture always got right about the legal aspect of the divorce, it's that you need to prepare, file, and then serve the divorce papers. But what kind of “papers” are these exactly? Do they impact the cost of your divorce? And where are you supposed to get them? Below is our comprehensive take on all things surrounding divorce papers in Colorado. 

What Are Divorce Papers?

Divorce papers are the collection of legally-binding forms that must be completed and filed with the court to start the divorce process. Divorce forms can be completed jointly by both spouses (if the two can agree on most matters in order to file uncontested) or they can be completed and submitted by just one of them (if an agreement can't be made and it turns into a contested divorce). In the second case, the filing spouse must then serve these papers to the other one. 


Colorado Divorce Paperwork: Which Forms Do I Need? 

The exact number of Colorado divorce forms you’ll need to file with your local court will depend on the circumstances of your divorce. Specifically, whether or not you have kids in the mix. 

You can find the majority of forms you will need on the state of Colorado’s judicial branch website, but we've also linked to each document below. From there, you have the option to select divorce or legal separation with or without children. All forms that apply to each process are available for download in PDF format. They also come with basic instructions for completing them. 

Colorado Divorce Papers With Kids

Here are the Colorado divorce forms you will need if you and your spouse have shared children. Many of these are related to parenting and child support. These can be particularly tricky to complete if you and your spouse are not on good terms.  

When filing for divorce separately you’ll need to complete and present the following papers to the court clerk: 

To start the divorce process, you will need to provide these 3 forms to the court. After filling out each form, make two copies of each document. The originals will go to the court for filing, one set of copies should stay with you, and the second set of these divorce papers will be served to your spouse. 

Next, plan your visit to the local courthouse. Go to an establishment located in the county where you and/or your spouse have legally resided for the past 91 days. 

At the local courthouse, you’ll need to file these forms with a clerk. Alternately, your divorce attorney can do that for you, in case you have already found one. Right now, this needs to happen in person. However, there is a beta program for online divorce filing in Colorado that you may qualify for.

The clerk will provide you with a signed summons copy. Additionally, they can also give you:

  • A Case Management Order (CMO), asking to provide extra documents or perform mandatory action (e.g. attend parenting classes) by a certain deadline. 
  • Notice of initial status conference (ISC) — a date when you’ll need to appear to the court and file the remaining documents. 

After meeting with the clerk, make a copy of the signed Summons form and, if you've received them, the CMO and the ISC Notice. Pack these documents together with the Petition and Case Information Sheet. This is the document packet you’ll need to serve to your spouse.

Colorado Divorce Forms Without Kids

When no kids are involved, there are fewer papers to deal with. Most uncontested divorces without kids can even be finalized without courtroom appearances. Though, you may still need to attend the initial status conference (ISC) in person.  Without kids, you can still choose to file for divorce either jointly or separately. 

When filing separately, download and fill out these 3 forms first. If filing jointly, you'll only need the first two:

As in the previous cases, a copy of these papers must be served to the other party, along with a copy of a CMO and Notice of ISC (if any). Serving can be done by mail or by hand-delivery, but you can get more information on how to serve divorce papers in Colorado below. 


How to Serve Divorce Papers in Colorado? 

First, and foremost — you cannot serve your own divorce papers yourself in Colorado. But you do have several other ways that you can serve divorce papers to your spouse:

Serving by regular mail

Your first option is to personally send the divorce papers by regular mail. This is allowed. Apart from the aforementioned copies of the documents, you also need to download and print two copies of Acceptance of Service form. This document must be signed by your spouse as their acknowledgment of receiving the divorce papers. They must also mail back a signed copy to you, so that you can submit it to the court, along with other required documents.

Serving by regular mail works best when your spouse is ready to collaborate. 

Serving by certified mail

Alternatively, you can mail all the papers via “certified/registered mail with return receipt requested”. You can prepare and mail the letter yourself at the Post Office. The post office will give you a slip, proving that you’ve sent the letter. Hold onto it and be sure not to misplace it! 

The postal service will attach a green card to your letter, called the "return receipt". When handed the letter, your spouse will need to sign this card to confirm that they received it. Then, the postal service will mail the card back to you. 

Keep both documents — the slip and the return receipt — as you’ll need to provide them to the court as proof of serving, along with the Proof of Service form. Also called “Affidavit of Service", this document is a legally-binding statement that details how you’ve served the divorce papers.  

Serving by hand delivery

Of course, your soon-to-be-ex can refuse to sign the return receipt. In that case, the envelope will be mailed back to you and you should try another route. 

Hand-delivery is the third way of serving divorce papers in Colorado. Remember, you can’t personally give the papers to your spouse. But you can:

  • Ask someone close (a family member or a common friend) to serve the papers to your spouse. You can also ask another person. The only requirement for the server is to be aged above 18 and not part of the divorce case. 
  • Enquire with your local sheriff if they provide serving services in your county. 
  • Hire a professional process server who’ll locate your spouse and hand them the papers. 

In all three cases, the person doing the hand-delivery will have to sign the Proof of Service form

What's next when you can't serve the divorce papers?

Finally, alternative scenarios are possible if the spouse's whereabouts are unknown, they serve in the military, live abroad, or are in jail. In such cases, you'll need to file a separate motion with the court to request service by publication or by posting.  At this point, it’s best to have a divorce attorney at your side. 


What Happens After the Divorce Papers Are Served?

There is a mandatory 91-day waiting period that represents the absolute minimum amount of time before a divorce can be finalized. This waiting period starts at either on the day of joint filing in an uncontested divorce, or on the day of service in a contested one. It is much more common that the divorce will take longer than 91 days, but that is the minimum amount of time. During this time and before your set ISC date, both you and your spouse will also need to complete and sign the following forms depending on whether or not you have children: 

Filing with children - forms to complete before ISC

  • JDF 1111 – Sworn Financial Statement (Both parties must complete their own).
  • JDF 1113 – Parenting Plan. (Can be filled separately or jointly)
  • JDF 1115 – Separation Agreement (Can be filled separately or jointly)
  • JDF 1104 – Certificate of Compliance (Both parties must complete their own)
  • JDF 1117 – Support Order (Can be filled separately or jointly)
  • JDF 1116 – Decree (fill in the caption only)
  • Child support worksheet A or B 

Filing without children - forms to complete before ISC

  • JDF 1111 – Sworn Financial Statement (Both parties must complete their own).
  • JDF 1104 – Certificate of Compliance (Both parties must complete their own)
  • JDF 1115 – Separation Agreement (Can be filled separately or jointly)
  • JDF 1116 – Decree (fill in the caption only)
  • JDF 1201 – Affidavit For Decree Without Appearance (applicable for uncontested divorces)

Optionally: you may also need to fill in a JDF 1129 form – Pre-trial Statement if you and your spouse cannot agree on certain matters, stated in the separation agreement. 

You’ll have to bring all of these papers to the initial status conference. 


When to Bring in An Attorney

Colorado divorce paperwork may look challenging to navigate on your own. If you are not sure how to fill out divorce papers in Colorado or expect that your spouse may object to certain terms, it's best to hire an attorney that can advocate for your needs according to Colorado Family Law. A qualified family lawyer can advise you on child custody issues and other potentially contested matters in your case to ensure that your paperwork is solid. To get in touch with a professional, request a free Denver Family Law consultation today!

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Tags: Divorce Family Law

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