When a divorce begins, one spouse usually starts the process by filing paperwork with the court - this is formally called filing a petition for divorce.
This spouse is often referred to as the petitioner, while the other spouse who receives the papers is called the respondent. The legal filing marks the beginning of the divorce process and lays out the basic facts of the marriage, what the filing spouse is requesting, and what issues need to be resolved, like dividing property or determining parenting time.
In Colorado, this step is called filing a petition for dissolution of marriage. It might sound formal, but it’s simply the first document that tells the court you want to move forward with a divorce.
What Does a Divorce Petition Include?
The petition gives the court the key details it needs to begin reviewing your case. It typically includes:
- Each spouse’s contact and identifying information
- The date and location of the marriage
- A statement that the marriage is broken beyond repair (Colorado is a no-fault divorce state)
- A basic outline of what the filing spouse is requesting: division of property, parenting responsibilities, child or spousal support, etc.
If you and your spouse agree on these terms ahead of time, you may choose to file a joint petition instead. This can be especially helpful for those choosing collaborative divorce, where the goal is to work together respectfully to reach a solution.
What Happens After You File?
Once this is filed, the next step is serving the papers to your spouse. This part is called service. It’s a formal process that makes sure both people are aware that the case has started.
After being served, the respondent has a chance to file a response. From there, the court process begins, including financial disclosures, parenting plans, or possible agreements. If you’re using the collaborative process, this is when you and your spouse would start working with your professional team to come to a resolution together.
Is Filing the Same as Getting Divorced?
Not quite. Filing a petition is the start of the divorce process it doesn’t make the divorce final. A judge will only issue the final divorce decree after everything is settled, either through agreement or court decision.
Think of the petition as opening the case and the final decree as closing it.
Can You Change Your Mind After Filing?
Yes. If you file for divorce and later decide you don’t want to continue, you can usually dismiss the petition before it’s finalized. Sometimes, couples decide to try counseling or pause the process to make sure it’s the right step.
The important thing is that filing doesn’t force you to finish the divorce. It simply starts the legal process if and when you’re ready to move forward.
Do You Need Legal Help to File?
You can file for divorce on your own, but many people choose to work with professionals, especially if children or shared property are involved. Having guidance can help make sure you don’t miss anything important and that you’re protecting your rights from the start.
For those looking for a more peaceful option, working with a collaborative divorce team can help keep the process focused on solutions, not conflict.
Collaborative Divorce as a Better Starting Point
If your goal is to avoid drawn-out court battles, starting with a collaborative mindset can make all the difference. Even something as simple as choosing to file a joint petition or using professionals trained in cooperation can help you stay in control and keep stress down. Don't hesitate to reach out to one of our divorce professionals today.
Choosing collaborative divorce means you’re laying the foundation for a more respectful and future-focused way to move forward.
