Default Divorce in Colorado: What Happens If Your Spouse Doesn't Respond

You filed for divorce, had your spouse properly served, and now the response deadline has passed without a word. In Colorado, this does not mean your case is stuck. You can move forward through the default process — the court will proceed without your spouse's participation and enter a divorce decree based on what you propose.

But "default" does not mean "automatic." The court still requires specific steps from you, and a judge will still review your proposed terms before signing anything.

When the Response Window Closes

After your spouse is served, they have a fixed window to file a response:

• 21 days if served inside Colorado
• 35 days if served outside Colorado or by publication

If that deadline passes without a filed response, your spouse is technically in default. But you still need to take action — the court does not move forward on its own.

How to File for Default

Once the response deadline expires, you file a Motion for Default with the court. This asks the judge to enter an order based on the terms you proposed in your petition and separation agreement.

Along with the motion, you submit:

• A proposed Separation Agreement (JDF 1115) covering property division, debts, and spousal maintenance
• A proposed Parenting Plan (JDF 1113) if you have minor children
• Your completed Sworn Financial Statement (JDF 1111)
• A proposed Decree of Dissolution (JDF 1116)

You must still comply with the 42-day mandatory financial disclosure requirement under C.R.C.P. Rule 16.2 — even though your spouse is not participating. If children are involved, you must also complete the court-approved parenting education class.

The Default Hearing

Colorado courts schedule a brief hearing before entering a default decree. This is mandatory even though your spouse is not participating. At the hearing, the judge or magistrate will:

• Confirm you meet the 91-day residency requirement
• Verify that service of process was properly completed
• Review your proposed property division for basic fairness
• Ensure any parenting plan serves the children's best interests
• Confirm you completed mandatory financial disclosures

The hearing is typically short — often 15 to 30 minutes — but the judge has full authority to reject or modify your proposed terms if they appear unfair or incomplete.

The Honesty Trap

Just because your spouse is not participating does not mean you can propose whatever you want. Colorado judges are particularly vigilant about financial honesty in default cases. Under C.R.C.P. Rule 16.2(e)(10), the court retains jurisdiction for five years after the decree is entered. If your spouse later discovers you omitted or understated assets, they can petition to reopen the property division, and the court can reallocate assets and award attorney's fees against you.

In practice, this means your Sworn Financial Statement must be thorough and accurate. Judges in default hearings often ask pointed questions about assets and debts specifically because only one side of the story is being presented.

Can Your Spouse Come Back?

Yes. Even after a default order is entered, your spouse may be able to set it aside by filing a motion under Colorado Rule of Civil Procedure 60(b). Common grounds include:

• They were never actually served (defective service)
• They had good cause for not responding (illness, military deployment)
• The proposed terms were fundamentally unfair

The window for challenging a default decree varies, but acting quickly gives the court more reason to set it aside. If your spouse resurfaces during the case but before the default is entered, the court will generally allow them to file a late response and participate going forward.

The 91-Day Rule Still Applies

Default does not bypass the mandatory 91-day waiting period. Even if your spouse never responds, the court cannot enter a final decree until at least 91 days after service was completed. Use this time to gather financial documents, complete your parenting class (if applicable), and prepare your proposed agreements.

The Colorado Divorce Filing Process Guide includes a complete timeline tracker covering both cooperative and default scenarios, so you know exactly which deadlines apply to your situation.

See more Colorado guides →