How to Enforce a Divorce Decree in Colorado (Rule 70)
How to Enforce a Divorce Decree in Colorado (Rule 70)
Your divorce decree is a court order. If your ex-spouse refuses to comply — won't sign a quitclaim deed, won't close joint accounts, won't hand over documents, won't transfer a vehicle title — you have legal tools to force compliance. You do not need their cooperation.
Option 1: Motion for Contempt of Court
Filing a motion for contempt asks the court to find your ex in violation of a court order. If the judge finds contempt, consequences can include:
- Fines
- Attorney's fees awarded to you
- Jail time (in extreme cases of willful non-compliance)
- Specific performance orders requiring immediate compliance
To file for contempt, you must show that: (1) a valid court order exists, (2) your ex knows about the order, and (3) they have willfully failed to comply. The motion is filed in the same court that entered your divorce decree.
Contempt motions work well for ongoing obligations (like failing to pay support) but can be slow for one-time transfer requirements — you may wait weeks for a hearing date, and even after a contempt finding, you still need the transfer to happen.
Option 2: Rule 70 — The Court Clerk Signs for Your Ex
For property transfers specifically, Colorado Rules of Civil Procedure Rule 70 provides a faster and more decisive remedy. If your decree orders your ex to sign a deed, title, or other transfer document and they refuse, you can file:
- JDF 1814 — Motion for Clerk of Court to Transfer Title
- The court enters JDF 1815 — Order for Clerk of Court to Transfer Title
Once the judge signs JDF 1815, the court clerk is legally authorized to sign the transfer document on behalf of the non-compliant party. The clerk's signature has the same legal effect as your ex's signature. The property transfers without any participation from your ex.
This works for:
- Real property deeds (quitclaim deeds, warranty deeds)
- Vehicle titles (the clerk signs the title assignment)
- Any other document the decree orders a party to execute
Rule 70 completely bypasses the need for cooperation. You do not need to find your ex, convince them, negotiate, or threaten. The court does it for them.
How to File a Rule 70 Motion
- Obtain the current JDF 1814 form from the Colorado Judicial Branch website or the self-help center at your courthouse.
- Fill in the details: case number, the specific provision of the decree being violated, the specific document your ex was ordered to sign, and when the deadline passed.
- File the motion with the district court clerk. Pay the motion filing fee (or file JDF 205 for a fee waiver if you qualify).
- The court schedules a hearing or, in clear-cut cases, may enter the order without a hearing.
- Once JDF 1815 is signed, bring the transfer document to the clerk's office. The clerk signs it in your ex's place.
- Record the deed (county clerk and recorder, $43) or process the title transfer (county motor vehicle office).
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When to Use Which Approach
Use contempt when your ex is violating ongoing obligations: failing to pay support, refusing to maintain insurance, not following the parenting plan, or harassing you in violation of court orders.
Use Rule 70 when your ex is refusing to sign a specific document: a quitclaim deed, a vehicle title, a bill of sale, or a QDRO consent form. Rule 70 gets you the signed document without needing your ex's physical presence or cooperation.
Use both when your ex is both refusing to sign documents and violating other provisions. The contempt motion addresses the pattern of non-compliance (and potential sanctions), while Rule 70 gets the specific transfers done.
Self-Represented Litigant Resources
Colorado provides Self-Represented Litigant Coordinators (historically called "Sherlocks") in every judicial district. They can help you find the correct forms and understand the filing process. They cannot give legal advice or advocate for you in court — but they can point you to the right resources.
The Colorado After-Divorce Checklist covers the enforcement path — including how to document non-compliance, which forms to file, and the decision tree between contempt and Rule 70.
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