Once the petition is filed with the clerk, your divorce is "on file." The El Paso District Clerk charges a filing fee that can range from $212 to $243, depending upon whether children are involved in the case.
As the petitioner, to initiate the divorce you must go to your local courthouse (the courthouse located in the county where you or your spouse reside). At a minimum, you'll need to file the case information sheet, summons, and petition to begin your case. You'll also need to pay a filing fee.
Colorado is a marital property state, meaning that the courts seek to fairly divide your marital assets between both spouses in a divorce. Generally speaking, that will include the home you purchased with your spouse.
Divorce Without Mutual Consent: In case of a contested divorce, there are specific grounds on which the petition can be made. It isn't as if a husband or wife can simply ask for a divorce without stating a reason.
A judge will typically only deny an uncontested divorce if there are procedural matters that haven't been done properly, something is unclear or confusing, or something is not in the best interests of the child.
Legally, it's her home, too—even if it's only his name on the mortgage, deed, or lease. It doesn't matter whether you rent or own, your spouse can't just kick you out of the marital residence. Of course, that doesn't mean that, sometimes, for whatever reason, it's not better to just go ahead and leave.
Proving abandonment You must prove that your spouse left at least 12 months before filing and, when doing so, did it willfully with intent to desert you.