Colorado Uncontested Divorce Petition + Decree Filing Packet

COLORADO UNCONTESTED DISSOLUTION OF MARRIAGE — PETITION AND DECREE FILING PACKET

PART 1 — JURISDICTIONAL AND PROCEDURAL CHECKLIST

A. Residency / Domicile Requirement — C.R.S. § 14-10-106(1)(a)(I)

☐ At least one party has been domiciled in Colorado for 91 days or more immediately preceding the commencement of this proceeding.

☐ Domiciled party: [____________________________] (Petitioner / Co-Petitioner / Respondent)

☐ Date Colorado domicile established: [__/__/____]

B. Ground for Dissolution — C.R.S. § 14-10-106(1)(a)(II)

☐ The marriage is irretrievably broken (Colorado recognizes no fault grounds; this is the sole ground).

C. 91-Day Waiting Period — C.R.S. § 14-10-106(1)(a)(III)

The court may not enter a Decree until at least 91 days have elapsed since the court acquired jurisdiction over the Respondent by one of the following:

☐ Service of process under C.R.C.P. 4
☐ Joining as Co-Petitioner on a Joint Petition
☐ Entry of appearance by Respondent (waiver/acceptance of service)

Date jurisdiction acquired: [__/__/____] Earliest decree date: [__/__/____]

D. Venue — C.R.S. § 14-10-108

☐ Filing in District Court for [____________________________] County, Colorado (county where either party resides).

E. Required Forms Inventory

PART 2 — PETITION FOR DISSOLUTION OF MARRIAGE (JDF 1101)

DISTRICT COURT, [____________________________] COUNTY, COLORADO
Court Address: [________________________________________________]

Case Number: [____________________] Division: [____] Courtroom: [____]

PETITION FOR DISSOLUTION OF MARRIAGE

The Petitioner(s), pursuant to C.R.S. § 14-10-101 et seq., state(s) as follows:

1. Identification of the Parties.

2. Marriage.

☐ The parties were lawfully married on [__/__/____] at [______________________, ____________].
☐ Certified marriage certificate is attached or on file.

3. Residency / Domicile. At least one party has been domiciled in the State of Colorado for at least 91 days immediately preceding the filing of this Petition, in compliance with C.R.S. § 14-10-106(1)(a)(I).

4. Ground for Dissolution. The marriage is irretrievably broken. C.R.S. § 14-10-106(1)(a)(II).

5. Children of the Marriage.

☐ There are no children born of or adopted during the marriage and the wife is not currently pregnant.
☐ There are [____] minor or dependent children, listed below:

6. UCCJEA Affidavit. ☐ Required and attached (if minor children). C.R.S. § 14-13-209.

7. Separation Date. The parties separated on or about [__/__/____].

8. Property and Debts. ☐ The parties have entered into / intend to enter into a written Separation Agreement disposing of all marital property and debts pursuant to C.R.S. § 14-10-112.

9. Spousal Maintenance. ☐ Neither party requests maintenance. ☐ Maintenance is addressed in the Separation Agreement pursuant to C.R.S. § 14-10-114.

10. Prior Name. ☐ Petitioner requests restoration of the prior name: [____________________________].

PRAYER FOR RELIEF

WHEREFORE, the Petitioner(s) respectfully request that this Court enter a Decree of Dissolution of Marriage; approve and incorporate the Separation Agreement (and Parenting Plan, if applicable); enter all necessary orders concerning property division, debt allocation, parental responsibilities, child support, and maintenance; and grant such other relief as the Court deems just.

VERIFICATION (C.R.C.P. 11): I declare under penalty of perjury under the laws of the State of Colorado that the foregoing is true and correct.

Date: [__/__/____]

Petitioner Signature: [____________________________] Printed: [____________________________]

Co-Petitioner Signature (if joint): [____________________________] Printed: [____________________________]

PART 3 — SUMMONS (JDF 1103) — ONE-FILER CASES ONLY

To the Respondent: [____________________________]

You are summoned to file a Response with the District Court of [____________________________] County, Colorado, within 21 days after service in Colorado (35 days if served outside Colorado). C.R.C.P. 12(a). Failure to respond may result in entry of default and a Decree based on the Petition's allegations.

Mandatory Injunction (C.R.S. § 14-10-107(4)(b)): Upon service, both parties are restrained from (1) transferring, encumbering, or concealing marital property except in the ordinary course of business or for necessities of life; (2) molesting or disturbing the peace of the other party; (3) removing minor children of the parties from Colorado without consent of the other party or court order; and (4) cancelling, modifying, or allowing to lapse insurance policies covering the other party or any minor child.

Clerk: [____________________________] Date Issued: [__/__/____]

PART 4 — WAIVER AND ACCEPTANCE OF SERVICE

I, [____________________________], Respondent in the above-captioned matter, acknowledge receipt of the Petition, Summons, and Case Information Sheet, and waive formal service of process pursuant to C.R.C.P. 4(j).

Date: [__/__/____] Signature: [____________________________]
Notary: [____________________________] Commission Expires: [__/__/____]

PART 5 — SWORN FINANCIAL STATEMENT (JDF 1111) — SUMMARY

Each party MUST complete and exchange a Sworn Financial Statement and Supporting Schedules within 42 days of service or filing of the joint petition (C.R.C.P. 16.2(e)).

☐ Schedules attached: pay stubs (3 mo.), tax returns (3 yrs.), bank/retirement statements (12 mo.), real estate appraisals/values, debt statements.

I declare under penalty of perjury under Colorado law that the financial information disclosed is true and complete.

Petitioner: [____________________________] Date: [__/__/____]
Respondent: [____________________________] Date: [__/__/____]

PART 6 — SEPARATION AGREEMENT (JDF 1113)

This Separation Agreement is entered into pursuant to C.R.S. § 14-10-112 by [PETITIONER] and [RESPONDENT/CO-PETITIONER].

A. Real Property

☐ Marital home located at [______________________________________] shall be:
☐ Awarded to Petitioner (with refinance/quitclaim by [__/__/____]).
☐ Awarded to Respondent (with refinance/quitclaim by [__/__/____]).
☐ Sold, with net proceeds divided: Petitioner [____]% / Respondent [____]%.

B. Personal Property

☐ Each party retains personal property currently in their possession, except as listed in Schedule B.

C. Vehicles

D. Financial Accounts and Retirement

☐ Each party retains accounts in their sole name except as listed in Schedule D.
☐ Retirement division (QDRO required if applicable): [________________________]

E. Debts

Each party shall be solely responsible for the debts listed next to their name in Schedule E and shall indemnify and hold the other harmless.

F. Spousal Maintenance (C.R.S. § 14-10-114)

☐ Both parties waive maintenance, present and future.
☐ Maintenance of $[________] per month from [______] to [______] for [____] months.

G. Tax Filings

☐ Last joint return: tax year [______]. Refund/liability allocation: [____________].
☐ Subsequent years: each party files separately.

I have read this Agreement in full, had the opportunity to consult counsel, and find its terms not unconscionable.

Petitioner: [____________________________] Date: [__/__/____]
Respondent: [____________________________] Date: [__/__/____]
Notarized: ☐ Yes (recommended)

PART 7 — PARENTING PLAN (JDF 1115) — IF MINOR CHILDREN

A. Decision-Making Responsibility (C.R.S. § 14-10-124)

☐ Joint for all major decisions (education, health care, religious upbringing, extracurricular).
☐ Sole to [____________________________] for: [____________________________].

B. Parenting Time Schedule

Regular schedule: [________________________________________________]
Holidays / school breaks / summer: [________________________________________________]

C. Child Support (C.R.S. § 14-10-115)

☐ Calculated per Worksheet A (sole physical care) ☐ Worksheet B (shared physical care, >92 overnights each)
☐ Monthly support obligor: [_______] Amount: $[________] Effective: [__/__/____]
☐ Wage assignment to issue (C.R.S. § 14-14-111.5).
☐ Health insurance to be provided by [_______]; uninsured expenses split [____]% Petitioner / [____]% Respondent.

PART 8 — DECREE OF DISSOLUTION OF MARRIAGE (JDF 1116)

DISTRICT COURT, [____________________________] COUNTY, COLORADO

Case No.: [______________] Division: [____]

THIS MATTER comes before the Court on the Petition for Dissolution of Marriage. The Court, having reviewed the file, the Sworn Financial Statements, and the Separation Agreement (and Parenting Plan), and having found that:

1. At least one party has been domiciled in Colorado for 91 days or more prior to the filing of the Petition (C.R.S. § 14-10-106(1)(a)(I));
2. The marriage is irretrievably broken (C.R.S. § 14-10-106(1)(a)(II));
3. At least 91 days have elapsed since the Court acquired jurisdiction over the Respondent (C.R.S. § 14-10-106(1)(a)(III));
4. The Separation Agreement is not unconscionable (C.R.S. § 14-10-112(2)); and
5. Any Parenting Plan is in the best interests of the child(ren) (C.R.S. § 14-10-124),

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED:

A. The marriage between [PETITIONER] and [RESPONDENT/CO-PETITIONER] is DISSOLVED effective the date of this Decree.

B. The Separation Agreement dated [__/__/____] is APPROVED and INCORPORATED as if fully set forth herein, but does not merge except as to enforcement.

C. ☐ The Parenting Plan dated [__/__/____] is APPROVED and INCORPORATED.

D. ☐ Child support of $[________] per month is ORDERED, payable by [_______] commencing [__/__/____], subject to wage assignment.

E. ☐ Spousal maintenance: [_______________________________].

F. ☐ Petitioner's former name [____________________________] is RESTORED.

G. The Court retains jurisdiction to enforce and modify this Decree as permitted by law.

DATED: [__/__/____]

________________________________
District Court Judge / Magistrate

PART 9 — FILING PROCEDURE CHECKLIST

☐ Confirm 91-day Colorado domicile of at least one party.
☐ Prepare JDF 1101 (Petition), JDF 1102 (Case Info Sheet), JDF 1103 (Summons if not joint).
☐ Pay filing fee ($230 Petitioner / $116 Respondent, subject to change; JDF 205 fee waiver if eligible).
☐ E-file via Colorado Courts E-Filing (courts.state.co.us/efiling).
☐ Serve Respondent under C.R.C.P. 4 OR file signed Waiver/Acceptance OR file Joint Petition.
☐ Each party files JDF 1111 + supporting schedules within 42 days (C.R.C.P. 16.2(e)).
☐ Complete Initial Status Conference within 42 days of filing.
☐ If minor children, complete parenting class as required by local rule.
☐ Submit Separation Agreement (JDF 1113) and Parenting Plan (JDF 1115) for court approval.
☐ Confirm 91 days have elapsed since jurisdiction over Respondent.
☐ Submit proposed Decree (JDF 1116), Support Order (JDF 1117), and Child Support Worksheet (JDF 1820) if applicable.
☐ Set non-appearance decree review OR final orders hearing.
☐ Obtain certified copies of Decree post-entry.

PART 10 — SOURCES AND REFERENCES

• Colorado Judicial Branch, Self-Help Domestic Forms: https://www.courts.state.co.us/Forms/SubCategory.cfm?Category=Divorce
• C.R.S. Title 14, Article 10 (Uniform Dissolution of Marriage Act).
• C.R.C.P. 16.2 (Court Facilitated Management of Domestic Relations Cases).
• Colorado Child Support Guideline Worksheets (current schedule).