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Home Self Help Legal Separation
Home Self Help Legal Separation
Legal Separation
These standard instructions are for informational purposes only and do not constitute legal advice about your case. If you choose to represent yourself, you are bound by the same rules and procedures as an attorney.

  • I have children with my spouse/partner. How do I get a legal separation?
    • 1. Determine if you have lived in Colorado long enough to get a legal separation in the state.
      • * You or your spouse/partner must have lived in Colorado for at least 91 days before you can file a legal separation case in Colorado.

        * Please note that if your minor children have not lived in Colorado for at least 182 days immediately prior to you filing your legal separation case, the Colorado Courts may not be able to enter any orders related to parental responsibilities.

        * NOTE: IF YOU ARE IN A CIVIL UNION and neither you nor your partner currently lives in Colorado, you may still get a legal separation in Colorado if the civil union was originally obtained in Colorado. Under these circumstances, the requirement that you live in Colorado for 91 days prior to filing your case does not apply.

    • 2. Identify where to file your legal separation case.
      • * You should file your legal separation case with the district court in the county where you live or where your spouse/partner lives.  To find your district court, click on Courts by County.

         

    • 3. Decide whether you and your spouse/partner will file the legal separation case together.
      • * You and your spouse/partner can file for legal separation together, or you can file the legal separation case on your own.

        * You decide if you want to file together or file on your own. The court cannot not make this decision for you.

    • 4. If you decide to file together, follow these steps.
      • You will be known as the Petitioner and your spouse/partner will be known as the Co-Petitioner.

         

        STEP 1- Download and complete your forms.

        * Download and complete these forms:
        * JDF 1000 Case Information Sheet, and
        * JDF 1101 Petition for Dissolution of Marriage or Legal Separation or JDF 1250 Petition for Dissolution of Civil Union or Legal Separation of Civil Union.

        For detailed instructions on how to fill out these forms, review JDF 1100 Instructions for Filing a Dissolution of Marriage or Legal Separation With Children or JDF 1267 Instructions for Filing a Dissolution or Legal Separation of Civil Union With Children of this Civil Union.

         

        STEP 2- Sign your completed Petition in front of a notary public or court clerk.

        * Both you and your spouse/partner must sign the Petition in front of a notary public a court clerk at the courthouse where you will file your case. You do not need to do this at the same time (Eg: you can sign in front of a notary or court clerk, give the form to your spouse/partner and have him/her sign in front of a notary or court clerk at a later time). You can find a local notary public by looking in the Yellow Pages, on the Internet, or by going to your local bank.

        * You and your spouse/partner will need to pay any notarization fees.

         

        STEP 3- File your Forms with the Court.

        * Take your completed forms to the clerk at the counter in the courthouse. Give the forms to the clerk to file your case.  Either you OR your spouse/partner can drop off the forms at the court, and it is not necessary that you both go together.

        * The court will ask you to pay a filing fee. If you do not think you can afford the filing fee, go to the instructions and fill out form JDF 205 Motion to File Without Payment and Supporting Financial Affidavit and the caption box of JDF 206 Finding and Order Concerning Payment of Fees to request a waiver of the filing fee.

        * The clerk might ask you to complete additional forms. Please follow the clerk's instructions.

    • 5. If you decide to file on your own, follow these steps.
      • You will be known as the Petitioner and your spouse/partner will be known as the Respondent.

         

        STEP 1- Download and Complete your Forms.

        * Download and complete:
        *  JDF 1000 Case Information Sheet,
        * JDF 1101 Petition for Dissolution of Marriage or Legal Separation or JDF 1250 Petition for Dissolution of Civil Union or Legal Separation of Civil Union, and
        * JDF 1102 Summons for Dissolution of Marriage or Legal Separation or JDF 1251 Summons for Dissolution of Civil Union or Legal Separation of Civil Union

        For detailed instructions on how to fill out these forms, review JDF 1100 Instructions for Filing a Dissolution of Marriage or Legal Separation With Children or JDF 1267 Instructions for Filing a Dissolution or Legal Separation of Civil Union With Children of this Civil Union.

         

        STEP 2- Sign your completed Petition in front of a notary public or court clerk.

        * Take your completed Petition to either a notary public, or to a court clerk at the courthouse where you will file your case. You can find a local notary public by looking in the Yellow Pages, on the Internet, or by going to your local bank.

        * Sign your forms in front of the notary public or court clerk and pay the notarization fee. Your spouse/partner DOES NOT need to sign the forms.

         

        STEP 3- File your forms with the court.

        * Take your completed forms to the clerk at the counter in the courthouse. Give the forms to the clerk to file your case.

        * The court will ask you to pay a filing fee. If you do not think you can afford the filing fee, go to the instructions and fill out form JDF 205 Motion to File Without Payment and Supporting Financial Affidavit and the caption box of JDF 206 Finding and Order Concerning Payment of Fees to request a waiver of the filing fee.

        * The clerk might ask you to complete additional forms. Please follow the clerk's instructions.

         

        STEP 4- Arrange to serve your spouse/partner (the "Respondent") with the legal separation paperwork.

        * After you file your forms with the court, you must arrange to deliver JDF 1101 Petition for Dissolution of Marriage or Legal Separation or JDF 1250 Petition for Dissolution of Civil Union or Legal Separation of Civil Union and JDF 1102 Summons for Dissolution of Marriage or Legal Separation or JDF 1251 Summons for Dissolution of Civil Union or Legal Separation of Civil Union to your spouse/partner (the Respondent). The process of having these forms delivered to your spouse/partner is known as personal service.

        * The clerk will provide you with a signed copy of JDF 1102 Summons for Dissolution of Marriage or Legal Separation or JDF 1251 Summons for Dissolution of Civil Union or Legal Separation of Civil Union to be served on your spouse/partner.

        * Refer to the step-by-step instructions on how to arrange for personal service on your spouse/partner and how to return proof of service to the court.

    • 6. Read your Case Management Order and complete additional forms.
      • * After you file your case, the clerk will likely give you a Case Management Order. This document contains information about your case such as the date of your Initial Status Conference and requirements for filling out additional forms.

        (1) Mark the Initial Status Conference date on your calendar.

        (2) Additional forms the court may need include:

        * JDF 1111 Sworn Financial Statement
        * JDF 1104 Certificate of Compliance with C.R.C.P. 16.2(e)
        * JDF 1113 Parenting Plan or JDF 1273 Parenting Plan (Civil Union)
        * JDF 1115 Separation Agreement (Marriage) or JDF 1256 Separation Agreement (Civil Union)
        * JDF 1116 Decree of Dissolution of Marriage or Legal Separation or JDF 1257 Decree of Dissolution of Civil Union or Legal Separation of Civil Union
        * JDF 1117 Support Order
        * JDF 1129 Petitioner/Co-Petitioner/Respondent Pre-Trial Statement

        Refer to the complete list of forms if the court orders you to complete any forms that are not listed above.

        (3) If the Case Management Order gives you specific information on how to schedule a status conference or hearing, follow those steps. If the Case Management Order does not give you specific information on how to do this, see JDF 1122 Instructions to Set a Hearing and to Complete a Notice of Hearing or Status Conference Form for instructions.

        (4) If you need to calculate child support or maintenance, use the child support/maintenance calculator.

    • 7. Go to your Initial Status Conference.
      • * You and your spouse/partner should BOTH attend the Initial Status Conference. Give your spouse/partner notice of the Initial Status Conference at least 14 days before the date of the Initial Status Conference.  Check with the Court about how to give notice.  By doing this, you will still be able to move forward with your legal separation case even if your spouse/partner does not show up to the Initial Status Conference.

        *You must go to the initial status conference even if your spouse/partner has not yet been served.  By law, the Initial Status Conference must happen within 42 days of the filing of your case.

        * Bring the forms required by your Case Management Order with you to the Initial Status Conference.

        * You will most likely meet with a Family Court Facilitator at your Initial Status Conference. The Family Court Facilitator will help you understand what you need to do during your case and will answer your questions. He or she will also give you instructions about the next steps in your case, but cannot give you legal advice.

  • I do not have children with my spouse/partner. How do I get a legal separation?
    • 1. Determine if you have lived in Colorado long enough to get a legal separation in the state.
      • * You or your spouse/partner must have lived in Colorado for at least 91 days before you can file a legal separation case in this Colorado.

        * NOTE:  IF YOU ARE IN A CIVIL UNION and neither you nor your partner currently lives in Colorado, you may still get a legal separation in Colorado if the civil union was originally obtained in Colorado. Under these circumstances, the requirement that you live in Colorado for 91 days prior to filing your case does not apply.

    • 2. Identify where to file your legal separation case.
      • * You should file your legal separation case with the district court in the county where you live or where your spouse/partner lives.  To find your district court, click on Courts by County.

         

    • 3. Decide whether you and your spouse/partner will file the legal separation case together.
      • * You and your spouse/partner can file for legal separation together, or you can file the legal separation case on your own.

        * You decide if you want to file together or file on your own. The court cannot make this decision for you.

    • 4. If you decide to file together, follow these steps.
      • You will be known as the Petitioner and your spouse/partner will be known as the Co-Petitioner.

         

        STEP 1- Download and complete your forms.

        * Download and complete these forms:
        *  JDF 1000 Case Information Sheet, and
        * JDF 1101 Petition for Dissolution of Marriage or Legal Separation or JDF 1250 Petition for Dissolution of Civil Union or Legal Separation of Civil Union.

        For detailed instructions on how to fill out these forms, review JDF 1099 Instructions for Filing a Dissolution of Marriage or Legal Separation if there are no Children of this Marriage or the Children are Emancipated or JDF 1266 Instructions for Filing a Dissolution or Legal Separation of Civil Union if there are no Children of this Civil Union or the Children are Emancipated.

         

        STEP 2- Sign your completed Petition in front of a notary public or court clerk.

        * Both you and your spouse/partner must sign the Petition in front of a notary public a court clerk at the courthouse where you will file your case. You do not need to do this at the same time (Eg: you can sign in front of a notary or court clerk, give the form to your spouse/partner and have him/her sign in front of a notary or court clerk at a later time).  You can find a local notary public by looking in the Yellow Pages, on the Internet, or by going to your local bank.

        * You and your spouse/partner will need to pay any notarization fees.

         

        STEP 3- File your Forms with the Court.

        * Take your completed forms to the clerk at the counter in the courthouse. Give the forms to the clerk to file your case. Either you OR your spouse/partner can drop off the forms at the court, and it is not necessary that you both go together.

        * The court will ask you to pay a filing fee. If you do not think you can afford the filing fee, go to the instructions and fill out form JDF 205 Motion to File Without Payment and Supporting Financial Affidavit and the caption box of JDF 206 Finding and Order Concerning Payment of Fees to request a waiver of the filing fee.

        * The clerk might ask you to complete additional forms. Please follow the clerk's instructions.

    • 5. If you decide to file on your own, follow these steps.
      • You will be known as the Petitioner and your spouse/partner will be known as the Respondent.

         

        STEP 1- Download and Complete your Forms.

        * Download and complete:
        JDF 1000 Case Information Sheet,
        * JDF 1101 Petition for Dissolution of Marriage or Legal Separation or JDF 1250 Petition for Dissolution of Civil Union or Legal Separation of Civil Union, and
        * JDF 1102 Summons for Dissolution of Marriage or Legal Separation or JDF 1251 Summons for Dissolution of Civil Union or Legal Separation of Civil Union.

        For detailed instructions on how to fill out these forms, review JDF 1099 Instructions for Filing a Dissolution of Marriage or Legal Separation if there are no Children of this Marriage or the Children are Emancipated or JDF 1266 Instructions for Filing a Dissolution or Legal Separation of Civil Union if there are no Children of this Civil Union or the Children are Emancipated.

         

        STEP 2- Sign your completed Petition in front of a notary public or court clerk.

        * Take your completed forms to either a notary public, or to a court clerk at the courthouse where you will file your case. You can find a local notary public by looking in the Yellow Pages, on the Internet, or by going to your local bank.

        * Sign your forms in front of the notary public or court clerk and pay the notarization fee. Your spouse/partner DOES NOT need to sign the forms.

         

        STEP 3- File your forms with the court.

        * Take your completed forms to the clerk at the counter in the courthouse. Give the forms to the clerk to file your case.

        * The court will ask you to pay a filing fee. If you do not think you can afford the filing fee, go to the instructions and fill out form JDF 205 Motion to File Without Payment and Supporting Financial Affidavit and the caption box of JDF 206 Finding and Order Concerning Payment of Fees to request a waiver of the filing fee.

        * The clerk might ask you to complete additional forms. Please follow the clerk's instructions.

         

        STEP 4- Arrange to serve your spouse/partner (the "Respondent") with the legal separation paperwork.

        * After you file your forms with the court, you must arrange to have JDF 1101 Petition for Dissolution of Marriage or Legal Separation or JDF 1250 Petition for Dissolution of Civil Union or Legal Separation of Civil Union and JDF 1102 Summons for Dissolution of Marriage or Legal Separation or JDF 1251 Summons for Dissolution of Civil Union or Legal Separation of Civil Union delivered to your spouse/partner (the Respondent). The process of having these forms delivered to your spouse/partner is known as personal service.

        * The clerk will provide you with a signed copy of JDF 1102 Summons for Dissolution of Marriage or Legal Separation or JDF 1251 Summons for Dissolution of Civil Union or Legal Separation of Civil Union to be served on your spouse/partner.

        * Refer to the step-by-step instructions on how to arrange for personal service on your spouse/partner and how to return proof of service to the court.

         

    • 6. Read your Case Management Order and complete additional forms.
      • * After you file your case, the clerk will likely give you a Case Management Order. This document contains information about your case such as the date of your Initial Status Conference and requirements for filling out addtitional forms.

        (1) Mark the Initial Status Conference date on your calendar.

        (2) Additional forms the court may need include:

        * JDF 1111 Sworn Financial Statement
        * JDF 1104 Certificate of Compliance with C.R.C.P. 16.2(e)
        * JDF 1115 Separation Agreement (Marriage) or JDF 1256 Separation Agreement (Civil Union)
        * JDF 1116 Decree of Dissolution of Marriage or Legal Separation or JDF 1257 Decree of Dissolution of Civil Union or Legal Separation of Civil Union
        * JDF 1117 Support Order
        * JDF 1129 Petitioner/Co-Petitioner/Respondent Pre-Trial Statement

        Review the complete list of forms if the court orders you to complete any forms that are not listed above.

        (3) If the Case Management Order gives you specific information on how to schedule a status conference or hearing, follow those steps. If the Case Management Order does not give you specific information on how to do this, see JDF 1122 Instructions to Set a Hearing and to Complete a Notice of Hearing or Status Conference Form for instructions.

        (4) If you need to calculate child support or maintenance, use the child support/maintenance calculator.

    • 7. Go to your Initial Status Conference.
      • * You and your spouse/partner should BOTH attend the Initial Status Conference.  Give your spouse/partner notice of the Initial Status Conference at least 14 days before the date of the Initial Status Conference.  Check with the court about how to give notice.  By doing this, you will still be able to move forward with your legal separation case even if your spouse/partner does not show up to the Initial Status Conference.

        *You must go to the initial status conference even if your spouse/partner has not yet been served. By law, the Initial Status Conference must happen within 42 days of the filing of your case.

        * Bring the forms required by your Case Management Order with you to the Initial Status Conference.

        * You will most likely meet with a Family Court Facilitator at your Initial Status Conference. The Family Court Facilitator will help you understand what you need to do during your case and will answer your questions. He or she will also give you instructions about the next steps in your case, but cannot give you legal advice.

  • How do I enforce court orders related to my legal separation?
    • How to Enforce Child Support or Maintenance Orders
      • STEP 1- Decide which enforcement option you want to use. If your former spouse/partner is not paying the child support or maintenance (alimony) that he/she was ordered to pay, there are three options:

        * Option 1: Income Assignment - An "income assignment" allows your former spouse's/partner's employer to take the money owed to you out of his/her paycheck, and pay it to you directly or through the Family Support Registry. See STEP 1A.

         

        STEP 1A (Income Assignment) - See §14-14-111.5, C.R.S. for more information.

         

        * Option 2: Get a Judgment against your former spouse/partner - You can ask the court for a money "Judgment" against your former spouse/partner. Once the court turns the order to pay into a "judgment", you can take steps to enforce the judgment. See STEP 1B.

         

        STEP 1B (Get a Judgment against your former spouse/partner) - fill out JDF 1813 Verified Entry of Support Judgment.

        * Review JDF 1800 Instructions for Filing Motions to Enforce Orders for detailed instructions on how to fill out this form.  Here are some helpful tips for filing out this form:

        (a) You will use the original legal separation or custody case number as the case number for this form.

        (b) You and your former spouse/partner will have the same "identities" to the court as you did in the original case. For example, if you were the "Petitioner" in the original case, you will be the "Petitioner" on this form.

        (c) You may give your forms to the court in person or by mailing them.

        (d) There is no filing fee.

        * Fill out JDF 1813 Verified Entry of Support Judgment and make a copy. You must sign this form in front of a notary public or court clerk. Mail or hand-deliver a copy to your former spouse/partner. After you mail or hand-deliver the form to your former spouse/partner, fill out the "Certificate of Service" part of JDF 1813 Verified Entry of Support Judgment and then file a copy with the court.

        * If the court turns the order into a Judgment (enters the judgment), you will need to ask the court for a document called a "Transcript of Judgment".

        * Take the Transcript of Judgment to the Clerk and Recorder's Office in any county where your former spouse/partner lives or where they own property and get the document "recorded" (put on file). When the Transcript of Judgment document is recorded, it will put a "lien" on your former spouse's/partner's property equal to the amount of money that you are owed (the amount of the Judgment).

        * If the court turns the order into a "Judgment", you can also "garnish" your former spouse's/partner's wages. Refer to JDF 82 Instructions on How to Collect a Judgment and Completing a Writ of Garnishment for information on how to do a "garnishment"

         

        * Option 3: Contempt of Court - You can ask the court to find (determine) that your former spouse/partner is in "contempt of court" for not obeying the court order. Your former spouse/partner can be punished with fines or even jail for continuing to disobey the order to pay. See STEP 1C.

         

        STEP 1C (Contempt of Court) - fill out JDF 1816 Verified Motion & Affidavit for Citation for Contempt of Court and JDF 1817 Order to Issue Citation & Citation to Show Cause.

        * Refer to JDF 1800 Instructions for Filing Motions to Enforce Orders for detailed instructions on how to fill out these forms. Here are some helpful tips for filing out these forms:

        (a) You will use the original legal separation or custody case number as the case number for these forms.

        (b) You and your former spouse/partner will have the same "identities" to the court as you did in the original case. For example, if you were the "Petitioner" in the original case, you will be the "Petitioner" on these forms.

        (c) You may give your forms to the court in person or by mailing them.

        (d) There is no filing fee.

        * Fill out JDF 1816 Verified Motion & Affidavit for Citation for Contempt of Court and make a copy. You must sign this form in front of a notary public or court clerk.

        * Fill out only the top ("caption") portion of JDF 1817 Order to Issue Citation & Citation to Show Cause.

        * File the original of JDF 1816 Verified Motion & Affidavit for Citation for Contempt of Court and JDF 1817 Order to Issue Citation & Citation to Show Cause with the court.

        * The court will contact you to set a date for a hearing or the court will send you JDF 1817 Order to Issue Citation & Citation to Show Cause with a hearing date and time on the form.

        * You will need to arrange for personal service of JDF 1816 Verified Motion & Affidavit for Citation for Contempt of Court and JDF 1817 Order to Issue Citation & Citation to Show Cause on your former spouse/partner.  Refer to the step-by-step instructions on how to arrange for personal service and how to return proof of service to the court.

    • How to Enforce Parenting Time Orders
      • STEP 1- Decide which enforcement option you want to use.  If your former spouse/partner is not obeying the court order for parenting time, there are two options:

        * Option 1: File a "Motion" with the court to enforce the parenting time order. See STEP 1A.

         

        STEP 1A (File a Motion with the Court) - Fill out JDF 1418 Verified Motion Concerning Parenting Time Disputes and JDF 1419 Order re: Parenting Time.

        * Review JDF 1418I Instructions to File a Motion Concerning Parenting Time Disputes for detailed instructions on how to fill out these forms. Here are some helpful tips for filing out the forms:

        (a) You will use the case number from the original legal separation or custody case as the case number for these forms.

        (b) You and your former spouse/partner will have the same "identities" to the court as you did in the original case. For example, if you were the "Petitioner" in the original case, you will be the "Petitioner" on these forms.

        (c) You may give your forms to the court in person or by mailing them.

        (d) There is no filing fee.

        * Fill out JDF 1418 Verified Motion Concerning Parenting Time Disputes and make a copy.  You must sign this form in front of a notary public or court clerk.  Mail or hand-deliver a copy to your former spouse/partner.  After you mail or hand-deliver a copy of JDF 1418 Verified Motion Concerning Parenting Time Disputes to your former spouse/partner, fill out the "Certificate of Service" part of the form and then file a copy with the court.

        * Fill out only the top ("Caption") portion of JDF 1419 Order re: Parenting Time. The court will fill out the rest of this form. You DO NOT need to mail or hand-deliver a copy of JDF 1419 to your former spouse/partner.  File JDF 1419 Order re: Parenting Time with the court along with JDF 1418 Verified Motion Concerning Parenting Time Disputes.

        * After you have filed JDF 1418 Verified Motion Concerning Parenting Time Disputes and JDF 1419 Order re: Parenting Time with the court, wait for a response from the court.

         

        * Option 2: Contempt of Court - You can ask the court to find (decide) that your former spouse/partner is in "contempt of court" for not obeying the court order on parenting time. Your former spouse/partner can be punished with fines or even jail for continuing to disobey the order. See STEP 1B.

         

        STEP 1B (Contempt of Court) - fill out JDF 1816 Verified Motion & Affidavit for Citation for Contempt of Court and JDF 1817 Order to Issue Citation & Citation to Show Cause.

        * Review JDF 1800 Instructions for Filing Motions to Enforce Orders for detailed instructions on how to fill out these forms. Here are some helpful tips for filing out these forms:

        (a) You will use the original legal separation or custody case number as the case number for these forms.

        (b) You and your former spouse/partner will have the same "identities" to the court as you did in the original case. For example, if you were the "Petitioner" in the original case, you will be the "Petitioner" on these forms.

        (c) You may give your forms to the court in person or by mailing them.

        (d) There is no filing fee.

        * Fill out JDF 1816 Verified Motion & Affidavit for Citation for Contempt of Court and make a copy.  You must sign this form in front of a notary public or court clerk.

        * Fill out only the top ("caption") portion of JDF 1817 Order to Issue Citation & Citation to Show Cause.

        * File the original of JDF 1816 Verified Motion & Affidavit for Citation for Contempt of Court and JDF 1817 Order to Issue Citation & Citation to Show Cause with the court.

        * The court will contact you to set a date for a hearing or the court will send you JDF 1817 Order to Issue Citation & Citation to Show Cause with a hearing date and time on the form.

        * You will need to arrange for personal service of JDF 1816 Verified Motion & Affidavit for Citation for Contempt of Court and JDF 1817 Order to Issue Citation & Citation to Show Cause on your former spouse/partner. Refer to the step-by-step instructions on how to arrange for personal service and how to return proof of service to the court.

    • How to Enforce Orders Related to Property Rights
      • STEP 1 - Fill out Form JDF 1814 Motion for Clerk of Court to Transfer Title Per C.R.C.P. 70 and JDF 1815 Order for Clerk of Court to Transfer Title Per C.R.C.P. 70 if the court ordered that you have the right to ownership of certain property (for example a house or car) but your former spouse/partner refuses to sign the property over to you.

        * Review JDF 1800 Instructions for Filing Motions to Enforce Orders for detailed instructions on how to fill out these forms. Here are some helpful tips for filing out the forms:

        (a) Use the case number from your original legal separation case as the case number for these forms.

        (b) You and your former spouse/partner will have the same "identities" to the court as you did in the original case. For example, if you were the "Petitioner" in the original case, you will be the "Petitioner" on these forms.

        (c) There is no filing fee.

        * Fill out JDF 1814 Motion for Clerk of Court to Transfer Title Per C.R.C.P. 70 and make a copy. You must sign this form in front of a notary public or court clerk.  You will need to mail or hand-deliver a copy of JDF 1814 Motion for Clerk of Court to Transfer Title Per C.R.C.P. 70 to your former spouse/partner. After you mail or hand-deliver a copy of JDF 1814 Motion for Clerk of Court to Transfer Title Per C.R.C.P. 70 to your former spouse/partner, fill out the "Certificate of Service" part of the form and then file it with the court.

        * Fill out only the top ("Caption") portion of JDF 1815 Order for Clerk of Court to Transfer Title Per C.R.C.P. 70.  The court will fill out the rest of this form. You DO NOT need to mail or hand-deliver a copy of JDF 1815 Order for Clerk of Court to Transfer Title Per C.R.C.P. 70 to your former spouse/partner.

         

        STEP 2 - File your completed forms with the court.

        * You will file your completed forms with the same court that gave you the original order related to the property.

        * NOTE: You must file the original paper versions of your completed forms by giving them to the court in person or by mailing them to the court.

         

        STEP 3 - Wait for the court to respond to your Motion.

  • How do I register my legal separation from another state in Colorado?
    • 1. Identify what you need before you start.
      • * If you were legally separated in another state and you move to Colorado, you can register your legal separation paperwork in Colorado. Once you register your legal separation paperwork in Colorado, you can ask a court in Colorado to enforce any orders having to do with the legal separation case from the other state.

        * Before you ask a Colorado court to register your out-of-state legal separation case, you will need to get exemplified copies of all written paperwork from the out of state case including court orders, judgments and decrees.

        * NOTE:  DO NOT use this process for problems related to children such as registering an out-of-state child-custody or child-support order. Refer to the information on registering an out-of-state child-custody order.

    • 2. Identify where you should file your paperwork.
    • 3. Decide whether you and your spouse/partner will file the case together.
      • * You and your spouse/partner can file your case together, or you can file the case on your own.

        * You decide if you want to file together or file on your own. The court cannot make this decision for you.

    • 4. If you decide to file together with your spouse/partner, follow these steps.
      • You and your spouse/partner will have the same "identities" as you did in the original out-of-state case. For example, if you were the "Petitioner" in the original case, you will be the "Petitioner" when you file these forms.

         

        STEP 1- Download and complete your forms.

        * Download and complete these forms:
        * JDF 1000 Case Information Sheet, and
        * JDF 1221 Petition to Register Foreign Decree.

        For detailed instructions on how to complete these forms, review JDF 1220 Instructions to File a Foreign Decree.

         

        STEP 2- File your Forms with the Court.

        * Take your completed forms to the clerk at the counter in the courthouse. Give the forms to the clerk to file your case. Either you OR your spouse/partner can drop off the forms at the court, and it is not necessary that you both go together.

        * Remember to give the exemplified copies of the paperwork from the out-of-state case to the clerk along with your completed forms.

        * The court will ask you to pay a filing fee. If you do not think you can afford the filing fee, go to the instructions and fill out form JDF 205 Motion to File Without Payment and Supporting Financial Affidavit and the caption box of JDF 206 Finding and Order Concerning Payment of Fees to request a waiver of the filing fee.

        * The clerk might ask you to complete additional forms. Please follow the clerk's instructions.

    • 5. If you decide to file on your own, follow these steps.
      • You and your spouse/partner will have the same "identities" as you did in the original out-of-state case. For example, if you were the "Petitioner" in the original case, you will be the "Petitioner" when you file these forms.

         

        STEP 1- Download and Complete your Forms.

        * Download and complete:
        * JDF 1000 Case Information Sheet,
        * JDF 1221 Petition to Register Foreign Decree, and
        * JDF 1222 Summons for Registration of Foreign Decree

        For detailed instructions on how to fill out these forms, review JDF 1220 Instructions to File a Foreign Decree.

         

        STEP 2- File your forms with the court.

        * Take your completed forms to the clerk at the counter in the courthouse. Give the forms to the clerk to file your case.

        * Remember to give the exemplified copies of the paperwork from the out-of-state case to the clerk along with your completed forms.

        * The court will ask you to pay a filing fee. If you do not think you can afford the filing fee, go to the instructions and fill out form JDF 205 Motion to File Without Payment and Supporting Financial Affidavit and the caption box of JDF 206 Finding and Order Concerning Payment of Fees to request a waiver of the filing fee.

        * The clerk might ask you to complete additional forms. Please follow the clerk's instructions.

         

        STEP 3- Arrange to serve your spouse/partner.

        * After you file your forms with the court, you must arrange to have JDF 1221 Petition to Register Foreign Decree and JDF 1222 Summons for Registration of Foreign Decree delivered to your spouse/partner. The process of having these forms delivered to your spouse/partner is known as personal service.

        * The clerk will provide you with a signed copy of JDF 1222 Summons for Registration of Foreign Decree to be served on your spouse/partner.

        * Refer to the step-by-step instructions on how to arrange for personal service on your spouse/partner and how to return proof of service to the court.

  • How do I change my legal separation to a divorce?
    • 1. Determine when you can submit your paperwork.
      • You must wait at least 182 days from the date your legal separation was finalized by the court (when the Decree of Legal Separation was entered) before you can file paperwork to change the legal separation to a divorce.

    • 2. Identify where you should file your paperwork.
      • You should file your paperwork with the same court that finalized your legal separation.

    • 3. Fill out the correct forms and mail or hand-deliver a copy to your spouse.
      • You and your spouse will have the same "identities" to the court as you did in the original legal separation case. For example, if you were the "Petitioner" in the original case, you will be the "Petitioner" when you complete these forms.

        * Download and complete:
        * JDF 1321 Motion to Convert Decree of Legal Separation to Decree of Dissolution of Marriage,
        * JDF 1322 Order to Convert Decree of Legal Separation to Decree of Dissolution of Marriage, and
        * JDF 1116 Decree of Dissolution of Marriage or Legal Separation

        * For detailed instructions on how to fill out these forms, review JDF 1325 Instructions to Convert Decree of Legal Separation to Decree of Dissolution of Marriage.

        * You will sign your completed JDF 1321 Motion to Convert Decree of Legal Separation to Decree of Dissolution of Marriage. Your spouse DOES NOT need to sign the form.

        * Fill out only the top ("caption") part of JDF 1322 Order to Convert Decree of Legal Separation to Decree of Dissolution of Marriage and the court will fill out the rest. You DO NOT need to sign this form.

        * Fill out the top ("caption") portion of JDF 1116 Decree of Dissolution of Marriage or Legal Separation and check the "Dissolution of Marriage" (Divorce) box. The court will fill in the rest of this form. You DO NOT need to sign this form.

        * You will need to mail or hand-deliver a copy of JDF 1321 Motion to Convert Decree of Legal Separation to Decree of Dissolution of Marriage to your spouse. After you mail or hand-deliver JDF 1321 to your spouse, complete the "Certificate of Service" part of the form and then file ALL of your forms (JDF 1321 Motion to Convert Decree of Legal Separation to Decree of Dissolution of Marriage, JDF 1322 Order to Convert Decree of Legal Separation to Decree of Dissolution of Marriage, and JDF 1116 Decree of Dissolution of Marriage or Legal Separation) with the court.

    • 4. File your completed forms with the court.
      • * Take your completed forms (JDF 1321 Motion to Convert Decree of Legal Separation to Decree of Dissolution of Marriage, JDF 1322 Order to Convert Decree of Legal Separation to Decree of Dissolution of Marriage, and JDF 1116 Decree of Dissolution of Marriage or Legal Separation) to the clerk at the courthouse.

        * The court will ask you to pay a filing fee. If you do not think you can afford the filing fee, go to the instructions and fill out form JDF 205 Motion to File Without Payment and Supporting Financial Affidavit and the caption box of JDF 206 Finding and Order Concerning Payment of Fees to request a waiver of the filing fee.

         

  • How do I answer if I receive paperwork related to legal separation?
    • How to answer if you receive papers asking for a legal separation.
      • STEP 1 - Read the paperwork

        * Decide whether or not you agree with the information in the paperwork.

         

        STEP 2 - Identify where you should file your paperwork to answer.

        * The location and contact information of the court where the legal separation was filed is on the top of the legal separation paperwork you received.

        * Give your paperwork to the same court that is listed on the legal separation paperwork you received.

         

        STEP 3 - Fill out the Response form

        * Download and complete Form JDF 1103 Response to the Petition for Dissolution of Marriage or Legal Separation.

        * You are the "Respondent" and your spouse/partner is the "Petitioner".

        * The case number is on the top of the legal separation paperwork you received. Use that same number on your response form.

        * Check the "Legal Separation" box in the top portion of JDF 1103 Response to the Petition for Dissolution of Marriage or Legal Separation.

        * You will need to mail or hand-deliver a copy of JDF 1103 Response to the Petition for Dissolution of Marriage or Legal Separation to your spouse/partner. After you mail or hand-deliver JDF 1103 Response to the Petition for Dissolution of Marriage or Legal Separation to your spouse/partner, Complete the "Certificate of Service" part of the form before filing the form with the court.

         

        STEP 4 - File your response with the court

        * Take your completed JDF 1103 Response to the Petition for Dissolution of Marriage or Legal Separation to the clerk at the counter in the courthouse.

        * The court will ask you to pay a filing fee. If you do not think you can afford the filing fee, go to the instructions and fill out form JDF 205 Motion to File Without Payment and Supporting Financial Affidavit and the caption box of JDF 206 Finding and Order Concerning Payment of Fees to request a waiver of the filing fee.

  • How do I change my name back to my maiden name?
    • 1. Indicate on your paperwork that you want your name changed
      • * If you are getting a legal separation, and you want to change your name back to your maiden name, make sure to let the court know by filling out question #20 on JDF 1101 Petition for Dissolution of Marriage or Legal Separation.

        * If you do not change your name back to your maiden name as part of the legal separation process, it will be much more difficult to make the change later as you will be required to go through a separate name change process.

  • How do I answer if I receive paperwork related to legal separation?
    • How to answer if you receive papers asking to change orders related to your legal separation or custody case.
      • STEP 1 - Read the paperwork

        * Decide whether or not you agree with the information in the paperwork.

         

        STEP 2 - Identify where you should file your paperwork to answer.

        * The location and contact information of the court where the original legal separation or custody case was filed is on the top of the paperwork you received.

        * Give your paperwork to the same court that is listed on the paperwork you received.

         

        STEP 3 - Fill out the Response form

        * Download and complete Form JDF 1315 Response.

        * You and your former spouse/partner will have the same "identities" as you did in the original legal separation or custody case. For example, if you were the "Petitioner" in the original case, you will be the "Petitioner" when you file your response form.

        * The case number is on the top of the paperwork you received. Use that same number on your response form.

        * You will need to mail or hand-deliver a copy of JDF 1315 Response to your former spouse/partner. After you mail or hand-deliver JDF 1315 Response to your former spouse/partner, complete the "Certificate of Service" part of the form before filing the form with the court.

         

        STEP 4 - File your response form with the court

        * Take your completed JDF 1315 Response to the clerk at the courthouse.

        * The court may ask you to pay a filing fee. If you do not think you can afford the filing fee, go to the instructions and fill out form JDF 205 Motion to File Without Payment and Supporting Financial Affidavit and the caption box of JDF 206 Finding and Order Concerning Payment of Fees to request a waiver of the filing fee.

    • How to answer if you receive papers saying that you violated a court order.
      • STEP 1 - Read the paperwork

        * Decide whether or not you agree with the information in the paperwork.

         

        STEP 2 - Identify where you should file your paperwork to answer

        * The location and contact information of the court where the original legal separation or custody case was filed is on the top of the paperwork you received.

        * Give your paperwork to the same court that is listed on the paperwork you received.

         

        STEP 3 - Fill out the Response form

        * Download and complete Form JDF 1315 Response.

        * You and your former spouse/partner will have the same "identities" as you did in the original legal separation or custody case. For example, if you were the "Petitioner" in the original case, you will be the "Petitioner" when you file your response form.

        * The case number is on the top of the paperwork you received. Use that same number on your response form.

        * You will need to mail or hand-deliver a copy of JDF 1315 Response to your former spouse/partner.  After you mail or hand-deliver JDF 1315 Response to your former spouse/partner, complete the "Certificate of Service" part of the form before filing the form with the court.

         

        STEP 4 - File your Response form with the court

        * Take your completed JDF 1315 Response to the clerk at the courthouse.

        * The court may ask you to pay a filing fee. If you do not think you can afford the filing fee, go to the instructions and fill out form JDF 205 Motion to File Without Payment and Supporting Financial Affidavit and the caption box of JDF 206 Finding and Order Concerning Payment of Fees to request a waiver of the filing fee.

    • How to answer if you receive papers asking to register your out-of-state legal separation in Colorado
      • STEP 1 - Read the paperwork

        * Decide whether or not you agree with the information in the paperwork.

         

        STEP 2 - Identify where you should file your paperwork to answer

        * The location and contact information of the court where the case to register the out-of-state legal separation was filed is on the top of the paperwork you received.

        * Give your paperwork to the same court that is listed on the paperwork you received.

         

        STEP 3 - Fill out the Response form

        * Download and complete Form JDF 1315 Response.

        * You and your spouse/partner will have the same "identities" as you did in the original legal separation case. For example, if you were the "Petitioner" in the original case, you will be the "Petitioner" when you file your response form.

        * The case number is on the top of the paperwork you received. Use that same number on your response form.

        * You will need to mail or hand-deliver a copy of JDF 1315 Response to your spouse/partner.  After you mail or hand-deliver JDF 1315 Response to your spouse/partner, complete the "Certificate of Service" part of the form before filing the form with the court.

         

        STEP 4 - File your Response form with the court

        * Take your completed JDF 1315 Response to the clerk at the courthouse.

        * The court will ask you to pay a filing fee. If you do not think you can afford the filing fee, go to the instructions and fill out form JDF 205 Motion to File Without Payment and Supporting Financial Affidavit and the caption box of JDF 206 Finding and Order Concerning Payment of Fees to request a waiver of the filing fee.

    • How to answer if you receive papers asking to change your legal separation to a divorce.
      • STEP 1 - Read the paperwork

        * Decide whether or not you agree with the information in the paperwork.

         

        STEP 2 - Identify where you should file your paperwork to answer

        * The location and contact information of the court where the original legal separation case was filed is on the top of the paperwork you received.

        * Give your paperwork to the same court that is listed on the paperwork you received.

         

        STEP 3 - Fill out the Response form

        * Download and complete Form JDF 1315 Response.

        * You and your spouse will have the same "identities" as you did in the original legal separation case. For example, if you were the "Petitioner" in the original case, you will be the "Petitioner" when you file your response form.

        * The case number is on the top of the paperwork you received. Use that same number on your response form.

        * You will need to mail or hand-deliver a copy of JDF 1315 Response to your spouse.  After you mail or hand-deliver JDF 1315 Response to your spouse, complete the "Certificate of Service" part of the form before filing the form with the court.

         

        STEP 4 - File your Response form with the court

        * Take your completed JDF 1315 Response to the clerk at the courthouse.

        * The court may ask you to pay a filing fee. If you do not think you can afford the filing fee, go to the instructions and fill out form JDF 205 Motion to File Without Payment and Supporting Financial Affidavit and the caption box of JDF 206 Finding and Order Concerning Payment of Fees to request a waiver of the filing fee.

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