Colorado Divorce Checklist: What to Do Before Filing

The work you do before filing a divorce petition in Colorado directly affects how smoothly the rest of the process goes. Most of the delays, mistakes, and costly surprises pro se filers encounter come from filing before they are actually ready — before they have gathered the right documents, understood their financial picture, or made key decisions about how to proceed.

This checklist covers what to do before you file, organized by priority.

1. Confirm You Meet the Residency Requirement

At least one spouse must have been domiciled in Colorado for a minimum of 91 days immediately before filing. If you have minor children and need custody or parenting time orders, the children must have lived in Colorado for at least 182 days (six months) before filing.

If you recently moved to Colorado, wait until you meet the residency threshold. Filing too early means the court will dismiss your case for lack of jurisdiction.

2. Gather Your Financial Documents

Colorado requires mandatory financial disclosure within 42 days of filing (or service, for solo filings). The disclosure process requires a comprehensive set of documents, and scrambling to find them after filing creates unnecessary stress and risks missing the deadline.

Collect now:

• Three years of federal and state tax returns (personal and business, if applicable)
• Three months of pay stubs or other proof of income
• Three months of bank statements for every checking, savings, and money market account
• Current statements for every retirement account — 401(k), IRA, pension, PERA
• Current statements for investment and brokerage accounts
• Mortgage statements and property tax bills
• Vehicle titles and loan statements
• Credit card statements showing current balances
• Student loan statements
• Medical debt or other outstanding obligations
• Life insurance, health insurance, auto insurance, and homeowner/renter insurance policy details

Organize these by type. You will need them to complete the Sworn Financial Statement (JDF 1111) and to exchange with your spouse as part of the mandatory C.R.C.P. Rule 16.2 disclosures.

3. Decide: Joint Filing or Solo Filing

If you and your spouse are on the same page about divorcing, filing jointly as Co-Petitioners is faster and cheaper. Joint filing eliminates the need for formal service of process and immediately triggers the 91-day waiting period.

If your spouse is not cooperative, unwilling to discuss divorce, or unavailable, you will file as a sole Petitioner. This requires formal service, adds the response waiting period, and may lead to a default process if your spouse does not respond.

4. Know Your County

File in the District Court of the county where either you or your spouse lives. If you have children and are living separately, filing in the county where the children primarily reside is the safest choice. Filing in the wrong county can result in a transfer motion and weeks of delay.

5. Inventory Your Assets and Debts

Before filing, make a complete list of every marital asset and debt — not a rough estimate, but a specific inventory with account numbers, approximate values, and whose name is on each. This serves two purposes: it prepares you for the Sworn Financial Statement, and it gives you a clear starting point for negotiating a separation agreement.

Include:

• Real estate (with approximate market value and mortgage balance)
• Bank and investment accounts
• Retirement accounts (note the balance as of the marriage date if you had the account before the marriage)
• Vehicles
• Valuable personal property (jewelry, collections, equipment)
• All debts (credit cards, loans, medical bills)

6. Think Through Parenting Issues (If Applicable)

If you have minor children, the court will require a parenting plan (JDF 1113) before finalizing the divorce. Before filing, consider:

• Where will the children live primarily?
• What parenting time schedule works for both parents?
• How will you handle major decisions (education, healthcare, religion)?
• What is the holiday and vacation schedule?
• Are there any safety concerns?

You do not need final answers yet, but having a starting position makes the negotiation process faster once the case is filed.

7. Understand the Automatic Temporary Injunction

The moment you file (or the moment your spouse is served), an automatic temporary injunction takes effect under C.R.S. Section 14-10-107(4)(b)(I). Neither spouse may transfer or hide assets, change insurance policies, or remove children from the state without consent or a court order. Know this before you file so you do not accidentally violate it.

8. Set Aside the Filing Fee

The current filing fee for a divorce petition in Colorado is $260. If your spouse files a response, they pay $146. If you cannot afford the fee, you may qualify for a fee waiver through Form JDF 205 — the income threshold is 125% of the federal poverty level.

9. Secure Your Personal Accounts

Before filing, take basic steps to protect yourself:

• Open an individual bank account if you only have joint accounts
• Change passwords on personal email and social media
• Secure copies of important documents (birth certificates, passports, Social Security cards)
• Forward your mail to a private address if necessary

These are protective steps, not adversarial ones. The automatic temporary injunction prevents you from draining joint accounts, but it does not prevent you from establishing your own account for future income.

The Colorado Divorce Filing Process Guide includes a comprehensive pre-filing checklist and financial document tracker that walks you through every step before and after filing.

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