The process is the same whether filing for a legal separation or divorce. A "petition" and "summons" are filed at the court by one spouse, his/her attorney, or jointly by both spouses. The Petition states the names and ages of the husband, wife, and all children born or adopted during the marriage; when and where you were married, and when you separated; that the residence requirement has been satisfied; and that your marriage should be dissolved. It asks the Court to divide the property, allocate parental responsibility, child support, maintenance, attorney's fees, and court costs.
Prior to filing the Petition for Dissolution of Marriage or Legal Separation, either the husband or the wife must have resided in Colorado for ninety (90) days.
Service of Process
After the Petition is filed, the other spouse must receive proper notification. A copy of the Petition can be hand-delivered or a Waiver can be signed after receiving a copy of the Petition by another means. The Waiver simply acknowledges receipt of a copy of the Petition.