Colorado Dissolution When Your Spouse Won't Cooperate (2026)

Colorado dissolution does not require your spouse's cooperation. If your spouse won't participate, you file an individual petition and can proceed to a default Decree.

Colorado Dissolution Does Not Require Consent

Your spouse cannot permanently block a Colorado dissolution by:

• Refusing to sign the co-petition
• Claiming the marriage is not irretrievably broken
• Not responding to the petition

One spouse's testimony that the marriage is irretrievably broken is sufficient. Colorado may order a 60-day conciliation period if the other spouse requests it, but the court cannot force reconciliation.

Serving a Non-Cooperative Spouse

Individual petition required (not co-petition). File JDF 1001 and JDF 1002 (Summons).

Service options:

• Process server: Most reliable; $50–$100
• Sheriff: $30–$60
• Acceptance of Service: Even non-cooperative spouses sometimes sign when they understand the process is happening regardless
• Publication service: If Respondent cannot be located after diligent search — motion required, 4-week publication, $150–$400

Response Deadline

After service:

• Respondent served in Colorado: 21 days to file a Response (JDF 1003)
• Respondent served outside Colorado: 35 days to file a Response

If no Response is filed, the Petitioner can move for default.

Default Procedure

1. After response deadline with no Response, file a Motion for Default and supporting affidavit
2. Court enters Default
3. Submit proposed Decree of Dissolution and Separation Agreement
4. A brief hearing may be scheduled (at court's discretion)
5. Magistrate/judge reviews and signs the Decree

Proposed Decree in Default

Submit a complete, fair Separation Agreement with the default Decree:

• List all known marital assets and proposed division
• Document your separate property claims
• Propose an equitable split of debts
• Request appropriate maintenance if applicable

Courts review default decrees for basic fairness — a lopsided proposed Decree may prompt a hearing.

Initial Status Conference in Default Cases

An ISC is still automatically scheduled even for individual petitions. In default cases:

• Attend the ISC
• Inform the court that Respondent was served and did not respond
• Court sets default procedures and timeline

Last reviewed: March 2026 | Colorado individual petition: JDF 1001 | courts.state.co.us

Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.