Am I Eligible to File for Dissolution in Colorado? (2026)

Colorado has two eligibility requirements: 91-day residency and no-fault ground. Work through this checklist before filing.

Disclaimer: General legal information only. Consult a licensed Colorado attorney for your situation.

Section 1 — Residency

Colorado requires one spouse to be domiciled in Colorado for at least 91 days before the petition is filed.

  • Have you lived in Colorado for at least 91 days with the intent to remain? → ✅ Residency satisfied — you can file
  • Has your spouse lived in Colorado for 91+ days (even if you haven't)? → ✅ Your spouse can file as Petitioner; you can be Co-Petitioner or Respondent
  • Neither spouse has lived in Colorado for 91 days? → ❌ Wait until the 91-day requirement is met

File at the District Court in the county where you (or the residency-qualifying spouse) live.

Section 2 — Ground for Dissolution

Colorado is no-fault only. The only ground is "irretrievable breakdown of the marriage."

  • Is the marriage irretrievably broken with no reasonable prospect of reconciliation? → ✅ Ground is met
  • Does your spouse dispute that the marriage is irretrievably broken? → They can contest it, but one spouse's testimony is sufficient; the court may order a 60-day conciliation period but cannot require reconciliation

Section 3 — Co-Petition Eligibility (Best Path for Agreed Cases)

Colorado's co-petition is the most efficient path when both spouses agree. Requirements:

  • Both spouses are willing to file together
  • Agreement on all real property and debt division
  • Agreement on maintenance (or mutual written waiver)
  • If children: complete agreement on parenting plan and child support

All checked → ✅ Co-petition is your best option (file JDF 1000). Any unchecked → Use individual petition; work toward a Separation Agreement during the 91-day period.

Section 4 — Equitable Distribution Readiness

Colorado divides marital property equitably (not necessarily equally). Before filing:

  • List all marital property (acquired during the marriage)
  • Determine approximate values of all significant assets
  • Identify separate property (pre-marital, gifts, inheritances)
  • List all marital debts

You will need this information to complete the Separation Agreement.

Section 5 — Children

If you have minor children (under 18):

  • A Parenting Plan (JDF 1113) is required
  • A Child Support Worksheet (JDF 1820) is required
  • A Child Support Order (JDF 1111) is required

Colorado courts review parenting plans for the best interests of the child.

Section 6 — Initial Status Conference (ISC)

Every Colorado dissolution automatically has an ISC scheduled after filing. Assess:

  • Can we submit all required paperwork (Separation Agreement, Parenting Plan if applicable) within 91 days of filing?
  • Are we willing to jointly request a Waiver of ISC?

If yes to both: submit the waiver documents and avoid attending the ISC. If no: plan to attend the brief ISC (typically 15–30 minutes).

Last reviewed: March 2026 | Colorado dissolution: courts.state.co.us | JDF forms free online

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