Criteria for a Legal Separation if You Have Children with Your Spouse/Partner

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.

How to Start a Case

You should file your legal separation case with the district court in the county where you live or where your spouse/partner lives. Use the courts locator to find the correct district court.

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.

How to File Together with Your Spouse/Partner

If you and your spouse/partner decide to file your legal separation case together, you will be known as the Petitioner, and your spouse/partner will be known as the Co-Petitioner.

Forms and Paperwork Required

Use the forms link above to download and complete the Legal Separation - With Children forms. For detailed instructions on how to fill out these forms, review JDF 1099 (c) How to File for Divorce or Legal Separation with Children or JDF 1267 How-To Guide for Civil Union Divorces with Children.

How to Submit Paperwork to the Court

1. 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 go together.
2. Pay the filing fee. If you do not think you can afford the filing fee, fill out form JDF 205 Motion to File Without Payment and Supporting Financial Affidavit and JDF 206 Finding and Order Concerning Payment of Fees to request a waiver of the filing fee, or visit our File Without Payment section for complete information.
3. Complete any additional forms. The clerk might ask you to complete additional forms. Please follow the clerk's instructions.

How to File on Your Own

If you decide to file your legal separation case on your own, you will be known as the Petitioner, and your spouse/partner will be known as the Respondent.

Forms and Paperwork Required

Use the forms link above to download and complete the Legal Separation - With Children forms. For detailed instructions on how to fill out these forms, review JDF 1099 (c) How to File for Divorce or Legal Separation with Children or JDF 1267 How-To Guide for Civil Union Divorces with Children.

How to Submit Paperwork to the Court

1. Take your completed forms to the clerk at the counter in the courthouse. Give the forms to the clerk to file your case.
2. Pay the filing fee. If you do not think you can afford the filing fee, fill out form JDF 205 Motion to File Without Payment and Supporting Financial Affidavit and JDF 206 Finding and Order Concerning Payment of Fees to request a waiver of the filing fee, or visit our File Without Payment section for complete information.
3. Complete any additional forms. The clerk might ask you to complete additional forms. Please follow the clerk's instructions.

Arrange to Serve Your Spouse/Partner with the 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.

Self-Help Service of Process will help you understand how to arrange to personally serve your spouse/partner and how to return proof of service to the court.

After Paperwork Is Filed

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. Follow these steps while reviewing your Case Management Order:

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
   • JDF 1115 Separation Agreement
   • 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
   • Use the View Forms link at the top of this page if the court orders you to complete any forms that are not listed here.
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.

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 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.