Colorado Dissolution When Your Spouse Won't Cooperate (2026)

Colorado dissolution does not require your spouse's cooperation. If your spouse won't participate, you file an individual petition and can proceed to a default Decree.

Colorado Dissolution Does Not Require Consent

Your spouse cannot permanently block a Colorado dissolution by:

  • Refusing to sign the co-petition
  • Claiming the marriage is not irretrievably broken
  • Not responding to the petition

One spouse's testimony that the marriage is irretrievably broken is sufficient. Colorado may order a 60-day conciliation period if the other spouse requests it, but the court cannot force reconciliation.

Serving a Non-Cooperative Spouse

Individual petition required (not co-petition). File JDF 1001 and JDF 1002 (Summons).

Service options:

  • Process server: Most reliable; $50–$100
  • Sheriff: $30–$60
  • Acceptance of Service: Even non-cooperative spouses sometimes sign when they understand the process is happening regardless
  • Publication service: If Respondent cannot be located after diligent search — motion required, 4-week publication, $150–$400

Response Deadline

After service:

  • Respondent served in Colorado: 21 days to file a Response (JDF 1003)
  • Respondent served outside Colorado: 35 days to file a Response

If no Response is filed, the Petitioner can move for default.

Default Procedure

  1. After response deadline with no Response, file a Motion for Default and supporting affidavit
  2. Court enters Default
  3. Submit proposed Decree of Dissolution and Separation Agreement
  4. A brief hearing may be scheduled (at court's discretion)
  5. Magistrate/judge reviews and signs the Decree

Proposed Decree in Default

Submit a complete, fair Separation Agreement with the default Decree:

  • List all known marital assets and proposed division
  • Document your separate property claims
  • Propose an equitable split of debts
  • Request appropriate maintenance if applicable

Courts review default decrees for basic fairness — a lopsided proposed Decree may prompt a hearing.

Initial Status Conference in Default Cases

An ISC is still automatically scheduled even for individual petitions. In default cases:

  • Attend the ISC
  • Inform the court that Respondent was served and did not respond
  • Court sets default procedures and timeline

Last reviewed: March 2026 | Colorado individual petition: JDF 1001 | courts.state.co.us

Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.