When couples decide to divorce amicably, filing as co-petitioners in Colorado can simplify the process significantly. A co-petitioner divorce, also called a joint petition for divorce, allows both spouses to file together rather than having one person serve the other with divorce papers. This approach works best for uncontested divorces where both parties have reached agreement on all major issues.
If you and your spouse are committed to a peaceful resolution, understanding the co-petitioner filing process can help you save time, money, and unnecessary stress during this challenging transition.
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What is a Co-Petitioner Divorce?
In a traditional divorce, one spouse (the Petitioner) files for divorce and must legally serve the other spouse (the Respondent) with divorce papers. The Respondent then has time to file a formal Response with the court. This process can feel adversarial from the start, even when both parties want the same outcome.
A co-petitioner divorce works differently. Both spouses file jointly as Co-Petitioners, signing the same petition together. This signals to the court that you’re working together toward a mutual resolution. According to Colorado’s judicial system, joint filing is most appropriate for no-fault, uncontested divorces where both parties agree the marriage has irretrievably broken down.
When you file as co-petitioners, you’re essentially telling the court: “We both want this divorce, we agree on the terms, and we’re ready to move forward together.” This collaborative approach aligns with Colorado’s emphasis on resolving family law matters with minimal conflict whenever possible.
Requirements for Filing as Co-Petitioners in Colorado
Before you can file jointly, you must meet specific requirements and reach full agreement on all aspects of your divorce.
Colorado Residency Requirements
At least one spouse must have been a Colorado resident for a minimum of 91 days before filing for divorce. This residency requirement applies to all divorce filings in Colorado, including co-petitioner cases. You’ll need to file in the district court of the county where either spouse resides.
Complete Agreement on All Issues
The most critical requirement for co-petitioner filing is complete agreement on every major issue in your divorce. This includes:
Child-Related Matters (if applicable):
- Parenting time schedules and decision-making responsibilities
- Child support calculations following Colorado’s child support guidelines
- Health insurance coverage for children
- Educational decisions and expenses
Financial Matters:
- Division of all marital property and real estate
- Distribution of retirement accounts and investments
- Allocation of marital debts and liabilities
- Spousal maintenance (alimony), if applicable
Other Considerations:
- Whether either spouse will return to a maiden name
- Tax filing status during separation
- How you’ll handle joint accounts during the 91-day waiting period
If you disagree on even one of these issues, co-petitioner filing isn’t appropriate. You may need mediation or a collaborative divorce process to reach agreement first.
The 91-Day Waiting Period
Colorado law requires a mandatory 91-day waiting period between filing for divorce and the entry of your final decree. This applies to all divorces, including co-petitioner cases. The purpose is to provide a “cooling off” period where couples can reconsider reconciliation or ensure they’re making the right decision.
During this waiting period, you’re still legally married. Any property acquired or debts incurred during this time are generally considered marital property and subject to division. This is why having a signed separation agreement before filing is crucial.
The Co-Petitioner Filing Process in Colorado
Filing as co-petitioners follows a streamlined process compared to traditional divorce proceedings.
Step 1: Reach Full Agreement
Before drafting any paperwork, sit down together (ideally with legal guidance) and reach complete agreement on all divorce terms. Many couples benefit from working with a family law attorney during this stage to ensure nothing is overlooked and that your agreement is fair and legally sound. Couples can also meet with a neutral mediator, who can assist both parties in reaching agreements and filling out the correct paperwork.
Step 2: Prepare Your Separation Agreement
Your separation agreement (also called a marital settlement agreement) is the foundation of your co-petitioner divorce. This legally binding document outlines the financial aspects of your agreement, including property division, spousal support (maintenance), and how debts will be paid .
Having this agreement drafted and signed before filing provides certainty and protects both parties. It ensures you both understand exactly what you’re agreeing to and prevents confusion during the 91-day waiting period.
Step 3: Complete Required Court Forms
Colorado requires specific forms for divorce filings. For a co-petitioner divorce, you’ll need:
- Petition for Dissolution of Marriage (signed by both parties)
- Separation Agreement
- Sworn Financial Statements from both parties
- Parenting Plan (if you have minor children)
- Child Support Worksheet (if you have minor children)
- Maintenance Worksheet
- Case Information Sheet
- Other county-specific forms
The Colorado Courts Self-Help Center provides many of these forms, though working with an attorney ensures they’re completed correctly.
Step 4: File Jointly at District Court
Both spouses sign the petition and file it together at your county’s district court. When you file as co-petitioners, you only pay one filing fee ($230 in most Colorado counties) rather than separate petition and response fees. You also avoid the cost of having a process server or sheriff’s department serve papers, since you’re filing together.
Step 5: Wait 91 Days
Once filed, the mandatory 91-day waiting period begins. During this time:
- Follow your separation agreement terms
- Avoid acquiring major assets or debts
- Keep communication open if issues arise
- Prepare for your final hearing if required
Step 6: Decree Entry
After the 91-day period expires, your divorce can be finalized. If you have no minor children, or if both parties have attorneys, many Colorado courts will automatically enter the decree without requiring a hearing. Otherwise, you may need to attend a brief final hearing where the judge reviews your agreement and ensures everything is in order.
Once the decree is entered, your divorce is final and legally binding.
Benefits of Filing as Co-Petitioners
Joint petition filing offers several significant advantages for couples who can work together.
Cost Savings
The financial benefits of co-petitioner filing are substantial:
- Single filing fee: $230 instead of $230 + $116 for separate petition and response
- No service costs: Eliminates the $50-100 cost of having papers served by a process server or sheriff
- Reduced attorney fees: Less court time and simplified paperwork mean lower legal costs overall
- Avoided trial expenses: Uncontested proceedings eliminate the substantial costs of contested divorce trials
For many couples, co-petitioner filing can save thousands of dollars in legal fees and court costs.
Time Savings
A co-petitioner divorce is typically the fastest path to finalizing your divorce in Colorado:
- Streamlined paperwork with fewer required filings
- No waiting for the other party to respond to the petition
- Automatic decree entry in many cases (no hearing required)
- Overall timeline of approximately 3-4 months from filing to final decree
Compare this to contested divorces, which can take 12-18 months or longer to resolve.
Reduced Stress and Conflict
Beyond practical benefits, co-petitioner filing offers emotional advantages:
- Less adversarial: You’re working together, not against each other
- Greater privacy: Uncontested proceedings are simpler and attract less attention
- Control over outcomes: You decide your terms rather than leaving decisions to a judge
- Better co-parenting foundation: Starting your divorce cooperatively sets a positive tone for future co-parenting
Research from the American Psychological Association shows that low-conflict divorces result in better outcomes for children and reduced long-term stress for both parties.
Protection During Transition
Having a signed separation agreement before filing provides legal protection during the 91-day waiting period. You’ll have clarity about:
- How bills will be paid
- Who lives where
- How parenting time works
- What happens with joint accounts
This prevents misunderstandings and potential conflicts during your transition period.
When Co-Petitioner Filing May Not Work
While co-petitioner divorce offers many benefits, it’s not appropriate for every situation.
High-Conflict Relationships
If you and your spouse struggle to communicate or have significant unresolved anger, attempting to reach agreement on your own may be premature. In these cases, you may benefit from:
- Mediation with a neutral third party
- Collaborative divorce with trained professionals
- Individual legal representation before attempting joint filing
Significant Disagreements
Co-petitioner filing requires complete agreement. If you disagree about:
- Child custody arrangements or parenting time
- How to value or divide major assets
- Whether spousal maintenance is appropriate
- Division of business interests or complex property
You’ll need to resolve these disagreements before filing jointly. A family law attorney can help you understand your rights and work toward a fair resolution.
Power Imbalances
If one spouse controlled finances during the marriage or if there’s a significant imbalance in knowledge about marital assets, co-petitioner filing without legal guidance can be risky. The less-informed spouse may inadvertently agree to unfair terms.
Domestic Violence or Abuse
If your relationship involves any form of domestic violence, intimidation, or emotional abuse, co-petitioner filing is not appropriate. You need individual legal representation to protect your interests and safety. Colorado offers resources through the Colorado Coalition Against Domestic Violence for those in abusive relationships.
Co-Petitioner vs. Traditional Divorce Filing
Understanding the differences helps you choose the right approach:
|
Aspect |
Co-Petitioner Filing |
Traditional Filing |
|
Who files |
Both spouses together |
One spouse serves the other |
|
Filing fees |
$230 total |
$346 total ($230 + $116) |
|
Service costs |
$0 (filing jointly) |
$50-100 (process server/sheriff) |
|
Response required |
No |
Yes |
|
Timeline |
3-4 months typically |
6-18+ months |
|
Best for |
Uncontested, agreed divorces |
Contested divorces or when one party is uncooperative |
|
Agreement required |
Complete agreement before filing |
Agreement can be reached during process |
|
Typical attorney fees |
Lower |
Higher |
Frequently Asked Questions
Can we file as co-petitioners if we disagree on some issues?
No. Co-petitioner filing requires complete agreement on all major divorce issues before you file. If you disagree on anything—even one issue—you’ll need to resolve it first through negotiation, mediation, or the collaborative divorce process. Once you’ve reached full agreement, you can then file jointly.
What happens if we change our minds after filing jointly?
If either party changes their mind about the terms of your divorce after filing as co-petitioners, you have options. Before the decree is entered, either spouse can notify the court that you no longer agree on all terms. At that point, the case will proceed as a contested divorce, with one party becoming the Petitioner and the other the Respondent. You may need to file additional paperwork and go through the traditional divorce process.
Do we both need attorneys for co-petitioner filing?
While not legally required, having at least one attorney review your separation agreement before filing is strongly recommended. Many couples work with a single attorney or mediator together when they file as co-petitioners, though each spouse has the right to independent legal counsel. An attorney can ensure your agreement is fair, complete, and legally enforceable, protecting both parties’ interests.
How long does a co-petitioner divorce take in Colorado?
The minimum timeline for any divorce in Colorado is 91 days due to the mandatory waiting period. For co-petitioner filings with no complications, the entire process typically takes 3-4 months from filing to final decree entry. This is significantly faster than contested divorces, which often take 12-18 months or longer.
What is the 91-day waiting period in Colorado?
The 91-day waiting period is a mandatory “cooling off” period required by Colorado law. It begins the day you file your petition and must pass before the court can enter your final divorce decree. The purpose is to give couples time to reconsider reconciliation and ensure they’re making a thoughtful decision. This waiting period applies to all Colorado divorces, including co-petitioner filings.
Can we still file jointly if we live in different states?
Yes, as long as at least one spouse has been a Colorado resident for 91 days before filing. If you both agree to file in Colorado and meet the residency requirement, you can proceed with a co-petitioner divorce even if one spouse lives in another state.
How One Accord Legal Can Help
At One Accord Legal, we specialize in helping couples navigate the divorce process peacefully. Whether you’re considering co-petitioner filing or need guidance on reaching agreement, we can help you:
- Evaluate whether co-petitioner filing is right for your situation
- Draft a comprehensive separation agreement that protects both parties
- Complete all required court forms correctly
- Navigate the 91-day waiting period
- Ensure your decree is entered properly
With over a decade of experience in Colorado family law and a commitment to peaceful resolutions, Katelyn B. Parker and the One Accord Legal team can guide you through this process with clarity and compassion.
Ready to explore a peaceful path forward? Call (720) 213-6858 or schedule your consultation today.