Should We File As Co-Petitioners?

Generally, a divorce petition is filed by only one party, called the Petitioner. The Petitioner is then responsible for having the other party, or Respondent, served by a process server or the sheriff’s department. However, Colorado allows both parties to a divorce to file jointly, as Co-Petitioners. This option is used most frequently when the divorce will be uncontested.

The first advantage to filing as Co-Petitioners is the reduction in filing fees and costs. The cost to file a divorce petition is $230. The filing fee for a Response is $116. However, when the parties file jointly, no Response must be filed, thus saving the filing fee. Service by a process server generally costs about $50, which can also be saved if the Petition is filed jointly.

If the divorce is uncontested, you can complete all of the required documents, file them with the court, and wait for the statutory waiting period (91 days) to expire. If there are no children under the age of 18, or if both parties have attorneys, the court will automatically issue the decree once the waiting period has expired.

Because the divorce is not final until the Decree is entered, any property that either party acquires after the filing of the Petition, but before the Decree, is still considered marital property. Thus, having a signed Separation Agreement before the filing can help provide certainty to the parties about how property will be treated while they wait for the entry of the Decree.

There are many times when filing jointly works well for the parties. Call Katelyn to discuss the facts of your case, and explore whether a Co-Petitioner filing would work for you.