Reviewed August 2026

    Timeline in Colorado

    Colorado's mandatory waiting period for divorce is at least 91 days, and a court cannot enter a decree of dissolution until it passes, even when both spouses agree on everything. Under C.R.S. § 14-10-106(1)(a)(III), the 91 days runs from whenever the court gets jurisdiction over the respondent. That can happen three ways: service of process, the respondent joining as a co-petitioner on a jointly filed petition, or the respondent otherwise entering an appearance, including by signing a waiver of service. That detail matters for timing. If both spouses sign and file the petition together, the 91 days starts at filing. If one spouse files and then has to serve the other, the 91 days starts at service or at whenever the other spouse signs a waiver, not at the original filing date. Colorado's own official guide, JDF 1010, states this directly: the 91 days start when the petition is filed together, or the other person is served or signs a waiver. Before filing, at least one spouse must have been domiciled in Colorado for at least 91 days immediately before the case is filed, under C.R.S. § 14-10-106(1)(a)(I). If the case involves minor children, they separately need to have lived in Colorado for at least 182 days, or since birth if under six months old, before the court has jurisdiction to make custody decisions.

    Virdix's document-preparation product currently prepares divorce paperwork for California and Florida cases. This page explains how timeline works under Colorado law for people researching before they file. It is not legal advice, and Virdix does not prepare or file Colorado paperwork. See how Virdix works for California divorces.

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    Timeline in Colorado family court

    The 91-Day Wait: What Starts the Clock

    C.R.S. § 14-10-106(1)(a)(III) sets Colorado's 91-day floor before a decree can be entered. It ties the start date to jurisdiction over the respondent rather than to the filing date itself. A jointly filed petition starts the clock immediately at filing, since both spouses are already before the court. A petition filed by one spouse alone starts the clock only once the other spouse is served, signs a waiver of service, or otherwise appears in the case. This means two cases filed the same day can reach their earliest possible decree date weeks apart, depending on which path was used.

    Residency: 91 Days for Spouses, 182 for Kids

    At least one spouse must have been domiciled in Colorado for at least 91 days immediately before filing, under C.R.S. § 14-10-106(1)(a)(I). Colorado's official guidance is specific that this is exactly 91 days, not the commonly rounded three months. If minor children are part of the case, a separate and longer threshold applies. The children must have lived in Colorado for at least 182 days, or since birth if under six months old, before the court has jurisdiction to allocate parental responsibilities.

    How an Uncontested Case Moves Through the Court

    Colorado doesn't have a separately named statutory simplified-dissolution track with a marriage-length or asset-value cutoff. Instead, spouses who file the Petition (JDF 1011) jointly as co-petitioners skip the summons and service steps entirely, which starts the 91-day waiting period immediately at filing. If the parties reach full agreement on every issue and have no minor children, they can also file JDF 1018, an Affidavit for Decree Without Appearance, letting the court enter the final decree without a hearing. Cases with minor children require a signed Parenting Plan and aren't eligible for that no-hearing path.

    The moment a petition is filed, an automatic temporary injunction takes effect on both spouses without either side having to request it. Neither spouse can sell, transfer, or hide marital property, or change insurance beneficiaries, without consent or a court order.

    What Restarts or Delays a Case

    Because the 91-day clock depends on how and when the respondent enters the case, the biggest single delay in a one-spouse-filed case is the time it takes to complete service. A respondent who is hard to locate or avoids service can push the earliest possible decree date out significantly, since the clock simply hasn't started until service, appearance, or a signed waiver happens. Once both spouses are before the court, a case involving minor children without a signed Parenting Plan will need a hearing rather than qualifying for the no-appearance affidavit process, which adds time. A dispute over property, support, or parenting time that turns the case contested also moves it onto the regular hearing docket.

    Sources: C.R.S. § 14-10-106 (waiting period and residency), Colorado Judicial Branch, JDF 1010 'How to File for Divorce', Colorado Judicial Branch, divorce and children self-help topic, Colorado Judicial Branch, self-help resources

    Not independently confirmed

    • The exact number of days a served respondent has to file a formal response in a Colorado dissolution case, distinct from the 91-day floor before a decree can be entered, was not independently confirmed to a specific rule citation for this page.

    Timeline in Colorado: frequently asked questions

    What is Colorado's minimum divorce timeline?+

    91 days, under C.R.S. § 14-10-106(1)(a)(III). That's the floor even for a fully agreed case, but when the 91 days starts depends on how the respondent entered the case: immediately at filing for a joint petition, or at service or waiver for a one-spouse-filed petition.

    Does the 91-day wait start when I file or when my spouse is served?+

    It depends. If you and your spouse file the petition together as co-petitioners, the 91 days starts at filing. If you file alone and then have to serve your spouse, the 91 days starts at service, or whenever your spouse signs a waiver of service, whichever happens first.

    How long do I need to live in Colorado before filing?+

    At least one spouse must have been domiciled in Colorado for at least 91 days immediately before filing, under C.R.S. § 14-10-106(1)(a)(I). If minor children are involved, they must separately have lived in Colorado for at least 182 days, or since birth if under six months old, before the court can decide custody.

    Can I get divorced in Colorado without going to a hearing?+

    Possibly. If you and your spouse agree on every issue and have no minor children, you can file JDF 1018, an Affidavit for Decree Without Appearance, letting the court enter the final decree without a hearing once the 91-day waiting period has run. Cases with minor children require a signed Parenting Plan and a hearing.

    What happens automatically when I file for divorce in Colorado?+

    An automatic temporary injunction takes effect on both spouses the moment a petition is filed, under C.R.S. §§ 14-10-107 and 14-10-108. Neither spouse can sell, transfer, hide, or borrow against marital property, or change insurance beneficiaries covering the other spouse or a child, without consent or a court order.

    What can delay a Colorado divorce past 91 days?+

    Difficulty serving a spouse who filed separately is the most common delay, since the 91-day clock doesn't start until service, a signed waiver, or an appearance happens. A case involving minor children without an agreed Parenting Plan, or a dispute over property or support, will need a hearing and moves onto the regular docket.

    This page is general information about timeline in Colorado, not legal advice for your situation. Laws, fees, and procedures change over time; confirm current details with Colorado's own courts before relying on anything here. Virdix is not a law firm and is not licensed to practice law in Colorado. Virdix does not prepare or file Colorado divorce paperwork. It is not a substitute for an attorney licensed in Colorado.

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