Facing a divorce often brings a wave of questions, and one of the biggest is usually, “How long is this actually going to take?” It’s completely normal to want clarity on this – knowing what to expect can help ease some of the stress during a tough time. At Jones Law Firm, we’ve walked alongside families in Colorado through divorce for over 25 years. We’re here to explain the process in simple terms, step by step, so you feel more informed and prepared for what’s ahead. Please know, We Choose Sides. Yours.
Colorado’s Essential Divorce Rules
Before we dive into the details, there are a couple of basic Colorado rules that set the starting timeline for any divorce (which the law calls a “dissolution of marriage”):
The 91-Day Residency Rule: To get divorced in Colorado, at least one spouse must have lived in the state for at least 91 days straight right before the divorce papers are filed. Think of it as needing to establish Colorado as your home base. If your spouse has never resided in Colorado, let your attorney know as the residency rule can be complex.
The 91-Day Waiting Period: After the divorce papers are officially delivered to the other spouse (or if you file together, from that filing date), Colorado law says there’s a mandatory 91-day waiting period before a judge can finalize your divorce. This is sometimes called a “cooling-off” period. No matter how quickly you and your spouse agree on things, the divorce cannot be official before these 91 days are up.
So, the absolute quickest a divorce can happen in Colorado is 91 days. This speed is usually only possible if you and your spouse agree on everything and all the paperwork is handled perfectly from the start. Most divorces, especially if there are disagreements or complicated finances, will take longer.
Understanding the Divorce Journey: Step by Step
Every divorce path is a bit different, but here are the usual steps in Colorado. Jones Law Firm is here to guide you with a clear strategy every step of the way:
- Starting the Process: Filing the Divorce Papers
It all begins when one spouse (called the Petitioner) or both spouses together (as Co-Petitioners) file two main forms with the local District Court: a Case Information Sheet (JDF 1000) and a Petition for Dissolution of Marriage (JDF 1101).
- Making it Official: Serving the Papers
If you’re the one who filed, your spouse (called the Respondent) needs to be officially given a copy of the Petition and another form called a Summons (JDF 1102). This is “serving” the papers. This can be done by the county sheriff, a professional process server, or your spouse can agree to accept the papers by signing a Waiver and Acceptance of Service (JDF 1102(a)). Your spouse usually then has 21 days (if served in Colorado) or 35 days (if served outside Colorado) to file their own Response (JDF 1103) with the court.
- Keeping Things Stable: The Automatic Court Order
As soon as the divorce is filed and papers are served (or you file together), an Automatic Temporary Injunction kicks in. Think of this as a temporary “pause button.” It means neither of you can harass the other, take your kids out of Colorado without permission, or sell off major property or cancel insurance without agreement or a judge’s okay (unless it’s for everyday business or basic living needs). This helps keep things stable while the divorce moves forward.
- Getting Organized: The Initial Status Conference (ISC)
Usually, within about 42 days after the divorce is filed, the court will schedule an Initial Status Conference (ISC). This meeting, often with a Court Facilitator or Magistrate, is like a roadmap session. They’ll check on your case, make sure you’re working on sharing financial information, talk about any urgent issues, and set a basic schedule to keep things on track.
- Full Financial Picture: Sharing Financial Information
Colorado law requires both of you to be completely open about your finances. You’ll each fill out a Sworn Financial Statement (JDF 1111) and provide copies of things like tax returns, pay stubs, bank statements, property info, and debts. (You can find Form JDF 1111 and the list of what to share on the Colorado Courts website). This information is usually due about 42 days after papers are served. Being honest and thorough here is incredibly important. Hiding things can lead to big problems later, even potentially reopening the divorce. Jones Law Firm stresses careful preparation here to protect your future.
- Helping Your Kids Adjust: The Parenting Class
If you have minor children, Colorado law says both parents must take a parenting education class. You’ll need to show the court you’ve completed it before the divorce is final. These classes offer good advice on helping your children cope with the changes.
- Finding Agreement: Talking, Mediating, and Settling
Once all the financial information is on the table, it’s time to try and agree on how to divide property and debts, whether one spouse will pay support (called maintenance) to the other, and if you have kids, a parenting plan (who makes decisions, when the kids are with each parent) and child support.
Mediation is often a big part of this. Many Colorado courts require you to try mediation before they’ll schedule a contested court hearing. A mediator is a neutral third party who helps you talk things through and find common ground. The Colorado Office of Dispute Resolution has resources (https://www.coloradojudicial.gov/court-services/office-dispute-resolution). If you reach an agreement, it’s written up in a Separation Agreement (JDF 1115) and/or Parenting Plan, giving you control over these important decisions.
- Short-Term Solutions: Temporary Orders Hearing
What if you can’t agree on urgent things while the divorce is ongoing—like who stays in the house, temporary child support or parenting time, or who pays certain bills? Either of you can ask the court for a Temporary Orders hearing. This sets temporary rules until the divorce is final. It can add some time to the process but can also bring needed stability.
- Digging Deeper: Information Gathering (When You Can’t Agree)
If you still have disagreements, you might go through a more formal “discovery” process. This can mean sending written questions back and forth (Interrogatories), asking for specific documents, or having depositions (where people answer questions under oath). Sometimes experts are needed:
- Child and Family Investigator (CFI): If you can’t agree on parenting, the court might appoint a CFI to look into the situation and suggest what’s best for the kids. This usually takes 2-3 months.
- Parental Responsibilities Evaluator (PRE): This is a much more in-depth investigation for complex parenting disputes, often with psychological input, and can take 3 months or more.
- Financial Experts: For tricky financial situations, like valuing a business or figuring out someone’s true income.
Each of these steps can add time and cost, but they are there to help ensure decisions are fair and well-informed.
- When a Judge Decides: The Permanent Orders Hearing (Trial)
If you and your spouse just can’t agree on everything, even after trying mediation and negotiation, your case will go to a Permanent Orders Hearing – which is basically a trial. You both present your side to a judge, with evidence and testimony, and the judge makes the final decisions. Getting a trial date can take several months. Jones Law Firm will strongly advocate for your best outcome if a trial is necessary.
- The Finish Line: Final Papers and Your Divorce Decree
Once everything is decided (either you agreed, or the judge ruled), the final paperwork is put together. This usually includes your Separation Agreement (JDF 1115) if you settled, a Support Order (JDF 1118) if there’s child support or spousal support, and the Decree of Dissolution of Marriage (JDF 1116) – this is the document that officially ends your marriage.
If you’ve agreed on everything and all rules are met (like the 91-day wait), you might be able to finalize your divorce with an Affidavit for Decree Without Appearance of Parties (JDF 1201). This means a judge can sign off on your divorce based on your written agreements without you having to go to court for a final hearing.
The judge reviews everything, and if it’s all correct, signs the Decree. At that point, your marriage is legally over, and you can start your next chapter.
The Smoother Path: An Uncontested Divorce Timeline
An “uncontested” divorce means you and your spouse agree on all the big issues. This is the most straightforward and usually quickest way to get divorced.
What Does “Uncontested” Mean?
It means you both agree on:
- How to divide all your property (things you own) and debts.
- Whether one spouse will pay spousal support (maintenance) to the other, and if so, how much and for how long.
- If you have children under 19, a complete Parenting Plan (who makes decisions, the schedule for when kids are with each parent, holidays, etc.) and the correct amount of child support. You’ll put all these agreements into a formal, signed, and notarized Separation Agreement and/or Parenting Plan.
How Quickly Can It Happen?
Ideally, an uncontested divorce can be wrapped up in just over 91 days. This happens if you file together (or your spouse quickly signs off on service), you both share your financial info right away, you finalize your agreements, and all the paperwork is submitted correctly. Most uncontested divorces that are handled efficiently are done in about 3 to 5 months.
Why Aim for an Uncontested Divorce?
When it’s possible, an uncontested divorce has real benefits:
- Faster and Simpler: It’s a more streamlined journey.
- Saves Money: Less lawyer time and no trial costs mean it’s much less expensive.
- Less Stress: Avoiding conflict and court battles is better for everyone’s emotional health, especially for children.
- You’re in Control: You and your spouse make the decisions about your future, not a judge.
Tips for a Smooth Uncontested Divorce:
- Talk Openly: Try to communicate honestly about what’s important to each of you.
- Get Your Financials Ready: Gather all your financial papers (pay stubs, bank statements, property info, etc.) early on. Jones Law Firm can give you a list so you don’t miss anything.
- Use Court Resources: The Colorado Courts website (https://www.coloradojudicial.gov/self-help-resources) has forms and instructions.
- Think About Mediation: Even if you think you agree on most things, a mediator can help you work through all the details and make sure your agreement is solid.
- File Together if Possible: Filing as “Co-Petitioners” shows you’re working together and skips the need for formal service.
- Be Careful with Paperwork: Mistakes can cause delays. Our team helps make sure everything is accurate.
- Decree by Affidavit: If you qualify, this can speed up the very last step by avoiding a final court hearing.
When Agreement Isn’t Easy: The Contested Divorce Timeline
Sometimes, spouses just can’t agree on important issues. When this happens, the divorce is “contested,” and it will take longer. Jones Law Firm provides the strong, clear guidance you need when the path isn’t straightforward.
How Long Do Contested Divorces Usually Take?
A contested divorce in Colorado often takes 6 months to over a year. If a case is very complicated (like involving a business or tough custody issues) or there’s a lot of conflict, it could take 18 months, two years, or even more, especially if it goes to a full trial.
Why Such a Big Range in Time?
Every family and financial situation is unique. The more things you disagree on, and the harder you fight about them, the longer it will take. Many Courts in Colorado schedule contested hearing out months in advance, even if you’re ready to proceed faster than that.
Common Reasons Contested Divorces Take Longer:
- Complicated Finances: Dividing businesses, valuable investments, multiple houses, complex retirement funds, or figuring out what’s “separate” versus “marital” property often means hiring financial experts and more time negotiating.
- Disagreements About Kids: These are often the toughest and can really draw things out. It might mean:
- Court-ordered mediation.
- A CFI or PRE (child experts) getting involved, which adds months.
- Court hearings just to set temporary parenting plans.
- A long trial focused just on what’s best for the children.
- Arguments Over Spousal Support (Maintenance): Even with Colorado’s guidelines, people can disagree about income amounts, how long support should last, or a spouse’s ability to support themselves.
- High Conflict or Poor Cooperation: If one or both people are unwilling to compromise, drag their feet, or are very angry, everything takes longer and costs more.
- Fights Over Information: Disagreements about sharing financial details or suspicions about hidden money can lead to extra court filings.
- Court Schedules: Some courthouses are busier than others. It can take time to get a hearing date, especially for longer trials.
- Concerns About Domestic Violence or Abuse: If there are serious allegations of abuse, the court will look into this very carefully. This can affect parenting plans, might require protection orders, and could mean additional investigations, making the case longer.
- Switching Lawyers: While sometimes you need to change attorneys, it can cause delays while your new lawyer gets up to speed on your case.
Our Approach to Contested Divorce: Strength and Clarity If your divorce is contested, Jones Law Firm helps you prepare for a potentially longer journey. We focus on getting you a fair and lasting outcome. Our job is to be your strong advocate and clear guide, making sure you understand what’s happening and feel supported. We aim for the right result for you, achieved with thoughtful strategy.
Main Things That Affect How Long Your Colorado Divorce Will Take
Beyond whether it’s agreed or not, these things play a big role:
- How Complicated Your Money and Property Are:
Simpler Situations: If you weren’t married long, don’t have kids, and have just a few shared things (like a bank account and cars) and little debt, it can go faster.
More Complex Finances: Longer marriages with businesses, houses, investments, trusts, stock options, or significant retirement funds take more time. Figuring out values, any separate property, and a fair division can be complex. Jones Law Firm is very experienced with high-value and complex financial divorces.
- Disagreements About Children (Parenting Responsibilities): Deciding where kids will live, parenting schedules, holidays, and who makes major decisions can be very emotional and tough to agree on.
If parents can’t agree, the court steps in, often with CFIs or PREs, which adds considerable time. Our firm always aims to protect children from conflict while strongly defending your rights as a parent.
- How Well You and Your Spouse Communicate and Cooperate: This is huge. If you can talk respectfully and work towards solutions (even with help from lawyers or mediators), it can really speed things up.
On the other hand, high anger, distrust, or refusing to negotiate will drag things out. Our Denver divorce attorneys know how to handle tense situations and keep things moving.
- Being Honest and Quick with Financial Information: Sharing complete financial information promptly is a must. Delays, mistakes, or trying to hide assets will slow things down and can get you in trouble with the court. We help you make sure you do this correctly and openly.
- How Busy the Court Is in Your Area: The court’s schedule and the specific judge on your case can affect how fast hearings are scheduled. You can’t control this, but we work hard to manage your case efficiently within the system.
- Your Lawyer’s Approach: Lawyers who aim for fair settlements but are ready to fight hard in court when needed often get better, quicker results. Jones Law Firm’s approach is always strategic, focused on results, and personalized to you.
Ways to Help Move Your Colorado Divorce Along More Quickly
While you can’t skip the 91-day waiting period, there are things you can do to help your divorce reach a resolution sooner:
Try Mediation or Collaborative Divorce:
- Mediation: A neutral mediator helps you and your spouse talk through disagreements and find solutions together. This can often avoid long court fights.
- Collaborative Divorce: In this process, you, your spouse, and your specially trained lawyers all agree to work out everything without going to court. Jones Law Firm can help you decide if this is right for you.
- Consider Arbitration: You and your spouse can agree to hire a private decision-maker (an arbitrator) whose decisions you agree to follow. This can sometimes be faster than waiting for court dates.
- Be Quick and Organized with Your Papers: Gather all your financial information and other needed documents and get them to your lawyer as soon as possible. Good preparation is key.
- Communicate Clearly and Cooperatively: Even when you disagree, try to keep communication respectful and focused, whether you talk directly or through your lawyers. Answer requests promptly.
- Get Good Legal Advice Early: Talk to an experienced Colorado divorce lawyer at Jones Law Firm as soon as you can. We can spot potential delays early and create a smart plan to guide your divorce as smoothly as possible, protecting your rights and your future. Our proactive style is designed to save you time, money, and unnecessary stress.
- Agree on What You Can: Even if you can’t agree on everything, if you can settle some issues in writing (a “stipulated agreement”), it narrows down what you need to argue about in court, saving time and money.
Moving Forward with Strength and Understanding – We Choose Sides. Yours.
How long a Colorado divorce takes can be anywhere from that 91-day minimum for simple, agreed-upon cases, to well over a year if things are complicated or there’s a lot of disagreement. Knowing the legal rules, the steps involved, and what can affect the timeline helps you face this change with more realistic expectations.
At Jones Law Firm, we get that divorce isn’t just a legal checklist– it’s a major life event. With over 25 years of experience and a commitment to creating personalized strategies, our dedicated team is here to offer the strong yet understanding guidance you need. We focus on protecting your family, your finances, and your future, always aiming for fair, lasting solutions delivered with clarity.
No matter how long your divorce takes, remember it’s a chapter, not your whole story. With Jones Law Firm guiding you, you don’t have to go through it by yourself. We are here to help you through this difficult time with strength and smart advocacy.
Take the First Step—Contact Jones Law Firm Today. If you have questions about your divorce timeline or want to talk about your specific situation, please reach out to Jones Law Firm. Let us provide the trusted advice and strategic support you deserve. We Choose Sides. Yours.
