Colorado Divorce Waiting Period: The 91-Day Rule Explained

Colorado imposes a mandatory 91-day waiting period on every divorce — no exceptions. Under C.R.S. § 14-10-106(1)(a)(III), the court cannot enter a final decree of dissolution until at least 91 days have elapsed since the court acquired jurisdiction over the respondent. The earliest possible finalization date is the 92nd day.

When the Clock Starts

The 91-day countdown begins on a different date depending on how you file:

• Joint filing (Co-Petitioners): The clock starts on the date both spouses sign and file the petition together.
• Solo filing with voluntary waiver: The clock starts on the date the respondent signs JDF 1013 (Waiver and Acceptance of Service).
• Solo filing with personal service: The clock starts on the date the respondent is physically served by a sheriff, process server, or other qualified adult.
• Service by publication: The clock starts on the date of the last newspaper publication (after five consecutive weekly publications).

The starting event matters because it directly determines the earliest date your divorce can be finalized. If service takes weeks, those weeks are added to your timeline.

Can the Waiting Period Be Shortened?

No. There is no statutory mechanism to shorten or waive the 91-day period. A judge cannot reduce it, even if:

• Both spouses agree on everything
• You've been separated for years
• You've already divided your property informally
• You have no children and no disputes

This is a legislative mandate, not a judicial discretion issue. It applies uniformly to every dissolution case in every Colorado district court.

What to Do During the 91 Days

The waiting period doesn't have to be dead time. In fact, you have mandatory tasks that need to be completed before the court will finalize your divorce:

Within 42 days:

• Exchange financial disclosures (JDF 1111 and all backup documents)
• File JDF 1111 and JDF 1104 (Certificate of Compliance) with the court

As early as possible:

• Register for and complete the mandatory parenting class (if children are involved) — some providers have waitlists
• Begin negotiating the separation agreement (JDF 1115) and parenting plan (JDF 1113) with your spouse
• Attend the Initial Status Conference (scheduled within 42 days of filing in most jurisdictions)

Before day 91:

• File all signed agreements with the court
• File the parenting class Certificate of Completion
• Prepare JDF 1018 (Affidavit for Decree Without Appearance) if you qualify for a no-hearing finalization

If you complete everything before the 91st day, you can file your finalization paperwork the moment the waiting period expires. The most efficient pro se filers treat the 91 days as a project timeline, not a cooling-off period.

The Waiting Period vs. the Response Deadline

Don't confuse the 91-day waiting period with the response deadline. If you filed alone and served your spouse, they have:

• 21 days to file a response if served in Colorado
• 35 days if served outside Colorado or by publication

These are separate timelines. The 91-day waiting period runs concurrently — it doesn't pause while you wait for a response.

If your spouse never responds, you can pursue a default divorce. But the decree still can't be entered until after day 91.

Plan Around the 91 Days

The waiting period is fixed — your job is to make sure everything else is done before it expires. The Colorado Divorce Filing Process Guide includes a timeline tracker that calculates every deadline from your specific filing date, so you know exactly when each task is due and when the earliest finalization date falls.

See more Colorado guides →