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Colorado Divorce Records

Divorce records in Colorado are legal documents that confirm the dissolution of a marriage and can be used for purposes such as name changes or updating property deeds and insurance policies. These records are public under the Colorado Open Records Act, allowing anyone to inspect and copy them, although some details may be sealed for privacy or safety reasons.

In Colorado, divorce is granted on a no-fault basis, meaning neither spouse needs consent from the other to file. One party must have lived in Colorado for at least 91 days before filing, and if minor children are involved, they must have resided in the state for at least 182 days. To start a divorce, the appropriate forms must be completed and filed, and if necessary, the spouse must be served with divorce papers.

Colorado’s divorce statistics show a declining trend in divorce rates, with the state ranking among the top for divorces nationally. In 2022, Colorado had 2.9 divorces per 1,000 residents, a slight decrease from previous years.

Divorce records are maintained by the State Archives and district courts. To access them, you can contact the State Archives or the District Court where the divorce was filed by mail, email, or through the Colorado court docket search tool online.

What are Divorce Records?

Divorce records in Colorado are important legal documents that provide detailed information about legally divorced parties in the state. A Colorado divorce record serves as proof that a marriage has been formally dissolved and may be requested by an individual to change a name or update documents such as property deeds, wills, and insurance policies.

Are Divorce Records Public in Colorado?

Divorce records are public records in Colorado. Pursuant to the provisions of the Colorado Open Records Act, the public has the legal right to inspect and copy records of government proceedings, including divorce records. Hence, unless redacted, the public can request access to uncertified copies of divorce records from the legal custodian. Note that the state limits public access to complete transcript records of divorce proceedings except for those that occurred over 100 years ago or for those no longer alive. Also, Colorado courts may seal divorce record information related to children who need to remain anonymous, domestic violence victims, and proprietary business data. If public access to a divorce record may attract false allegations that may damage a person's reputation connected to the case, Colorado courts may also seal portions of a divorce record relating to such an individual.

Divorce Stats and Rates in Colorado

Although divorce rates have been on the decline in recent years in a trend mirroring the national divorce rate, Colorado remains one of the top-ranked states for divorces in the nation.

In 2022, the state ranked in the top 12 for the most divorces in the United States, with 2.9 divorces per 1,000 population. In 2021, the figure was slightly higher at 3.0, while in 2018 and 2016, Colorado recorded 3.3 and 3.6 divorces per 1,000 residents, respectively. In 2018, Aspen had the highest divorce rate in Colorado, with 22% of the city residents divorced.

Grounds for Divorce in Colorado

Colorado is a no-fault state; hence, you do not need consent from your spouse to obtain a divorce in Colorado courts. You only need to declare that the marriage has irretrievably broken to have a legal reason to petition the court to dissolve your marriage.

How to File for Divorce in Colorado

Under Section 14-10-106 of the Colorado Revised Statutes, to obtain a divorce in Colorado, either you or your spouse must have maintained a permanent residence in the state for at least 91 days prior to filing the initial divorce papers.

Additionally, meeting the 91-day residency requirement alone does not suffice for resolving any parenting issues concerning minor children. The children must have resided in the state with a parent for a minimum of 182 days (or, if a child is younger than six months, since birth). This condition must be met regardless of any mutual agreement on these issues, as such an agreement will be included in the final divorce decree.

Some proofs of Colorado residency that may be used include a Colorado driver's license, Colorado vehicle registration, payment of Colorado state income tax, voter registration in Colorado, and permanent employment in Colorado.

Upon meeting the Colorado residency requirement for filing a divorce, you can proceed with the filing process in the following way:

  • Prepare the necessary forms: If you and your spouse are filing for divorce jointly, you must complete forms JDF 1011 (petition) and JDF 1000 (Case Information Sheet). If you are filing for divorce separately, you need to complete the JDF 1011 (petition), JDF 1012 (summons), and JDF 1000 (case information sheet). You may ask the Clerk of the Court if other forms apply in your case.
  • File the completed forms: Submit the completed forms to the Clerk of the District Court in the county where you or your spouse resides. Alternatively, you may use the Colorado Courts E-Filing to submit the paperwork. You can apply for a fee waiver if you cannot pay the applicable filing fee.
  • Notify your spouse: If you and your spouse filed the divorce paperwork jointly, you may skip this step. Otherwise, your spouse must be officially notified of the divorce proceeding after submitting the paperwork online or with the District Court. Colorado allows serving by a sheriff, process server, or an individual over 18 who is not involved in the case. You may review JDF 1099 for instructions on formally notifying your spouse about the divorce case. You may also need JDF 1013 (waiver of service if your spouse agrees) and JDF 1014 (return of service after service is done).
  • Wait for a response: This step is not required if you and your spouse filed jointly for divorce. Otherwise, after being served, your spouse must respond within 21 days if they are in Colorado or 35 days if outside of Colorado. A completed JDF 1015 (Response to the Petition) may be used to respond. Submit the form in person at the Clerk's Office and mail a copy to your spouse. Alternatively, you may submit the completed form online if you have created an account on the Colorado Courts E-Filing.
  • Initial conference: An initial status conference must be held within 42 days after filing the initial divorce paperwork. This conference is an introductory meeting with the court, allowing both spouses to identify significant issues in their case. The court then schedules important dates and hears requests for temporary orders for child or spousal support, which remain in effect until the final ruling.
  • Financial disclosures: You and your spouse must submit your financial disclosures, such as bank statements, pay stubs, and debt information, after serving the initial divorce documents. However, this step may sometimes take place before the initial status conference.
  • Mediation: Mediation involves a neutral third party assisting the spouses in finding a resolution. Agreements made in mediation become binding court orders. If issues are settled during mediation, both parties will sign a Memorandum of Understanding (MOU), and your attorneys will file the MOU with the court. The MOU can be turned into a separation agreement, parenting plan, and a proposed decree. If all issues cannot be settled in mediation, your attorney will arrange a court hearing for unresolved matters.
  • Temporary orders: A Colorado court may issue temporary orders in a divorce case to establish interim arrangements for child support, maintenance, and parenting time until permanent solutions are found. Not all cases require a temporary order hearing. You and your spouse may agree on temporary orders and file your written agreement with the court to make it binding.
  • Discovery: In certain Colorado divorces, a spouse may request further disclosure or additional financial information, especially if a family asset has not been included in the financial disclosure. Further disclosures may be required for discovery via inspection, interrogations, physical and mental examination (to obtain a second opinion, such as to confirm a spouse's mental state), request for admission, and request for production of documents.
  • Final hearing: The final hearing is the last step in a Colorado divorce case, resolving any remaining issues permanently. Before this hearing, all reports must be completed, subpoenas issued, evidence disclosed, position statements finished, and witnesses interviewed. Finally, the judge issues a decree of dissolution, finalizing the divorce.

Colorado Divorce Decree

Colorado divorce decrees are formal documents containing the state's most comprehensive information about divorces. They include the name of the divorcing parties, the date of divorce, the county where the divorce occurred, and the court-ordered responsibilities of both divorcing parties. Key responsibilities outlined in Colorado divorce decrees are property division, debt divisions, spousal support, child support, child custody, and visitation schedules.

How to Find and Access Colorado Divorce Records

Divorce records in Colorado are maintained by the State Archives and the District Courts where the divorce cases were filed. Note that the Colorado State Archive does not keep divorce records for people who are alive and need to obtain their own divorce records to claim child support, file for Social Security, or prove their divorce to be re-married. Most persons looking to get their divorce records have to contact the District Courts for their records.

You can obtain a Colorado divorce record in the following specific ways:

Offline Access

If you seek a divorce record provided by the Colorado State Archives, you may send a mail request to:

Colorado State Archives

Request Desk

1313 Sherman St, Room 120

Denver, CO 80203-2274

However, if the county and period for the divorce record you seek are not on the state archives list, you must contact the District Court in the jurisdiction where the divorce was filed.

Online Access

The Colorado State Archive maintains divorce records for some counties and specific periods. If the record you seek is for a divorce that occurred in a county and during the period specified on the state archive divorce records list, you can make a request to the archive online or by email. You should include as much information as possible in your request, including:

  • Your name
  • Your phone number
  • Your email
  • Your return address
  • Your best guess at the date of the record
  • The type of record requested
  • The case number or any other identifying number for the record
  • The name of the person on the record

If you are requesting by email, send your request to dpa_research@state.co.us. If your record is available, you must pay the appropriate fee to obtain a copy.

If you do not have the case number for the record you seek, you may complete an Archives Search. Also, you may use the Colorado court docket search tool on the Colorado courts website to access information on divorce cases in the state.

 

References


Counties in Colorado