The law in Colorado requires the following elements in order for individuals to obtain a Decree of Dissolution of Marriage or Decree of Legal Separation:

1. At least one of the parties has been domiciled in Colorado, for 90 days before the filing of the petition;
2. The marriage is "irretrievably broken;"
3. At least 90 days or more has passed since the court acquired jurisdiction over the other party.

A Dissolution of Marriage proceeding is brought by the filing of a Verified Petition for Dissolution of Marriage. The party seeking the dissolution or divorce is termed the "Petitioner" and the party responding the petition, is termed, the "Respondent." When the Respondent resides in Colorado, and is served by process server or sheriff, that party has 20 days to respond to the allegations in the petition. If the Respondent resides outside Colorado and is served, that party has 30 days to respond.

The power of a court to act, or enter appropriate orders after the "service" of the petition, means that the court acquires jurisdiction, over the parties and the case.

A Divorce is different from a Legal Separation. A Divorce means that the parties are asking the judge to dissolve the marriage. Because Colorado is a "No Fault" jurisdiction, the parties are not required to give a reason for why they want a divorce. A Legal Separation has the same elements that need to be established as in a divorce, except, at the conclusion of the case, the marriage is not dissolved, but the parties are deemed "separated." After a period of 6 months from the date that a legal separation is entered by a court, either party may file a motion to convert the legal separation to a decree of dissolution. Of course, it is not possible for parties who have been legally separated to remarry.