Residency And Jurisdictional Requirements To File For Divorce In Colorado

Before you can file for divorce in Colorado, you must meet certain residency requirements. Understanding these requirements helps ensure your case proceeds smoothly and that the Colorado courts have proper jurisdiction over your divorce.

The 91-Day Residency Requirement

Colorado law requires that at least one spouse must have been a resident of Colorado for at least 91 days (approximately 3 months) before filing for divorce. This requirement ensures that Colorado has a legitimate connection to your marriage before its courts can dissolve it.

• One Spouse is Sufficient: Only one spouse needs to meet the residency requirement
• Domicile Intent: You must intend to make Colorado your permanent home, not just be temporarily present
• Military Personnel: Service members stationed in Colorado may satisfy the residency requirement

Where to File

You should file your divorce in the county where you or your spouse resides. Considerations include:

• If both spouses live in the same county, file there
• If spouses live in different counties, either county is acceptable
• If only one spouse lives in Colorado, file in that spouse's county
• Venue can sometimes be transferred if there is good reason

Jurisdiction Over Your Spouse

Even if you meet residency requirements, there are additional considerations if your spouse lives outside Colorado:

• Dissolving the Marriage: Colorado can grant the divorce itself even if your spouse lives elsewhere
• Property Division: The court may have limited ability to divide property located in other states
• Personal Jurisdiction: To order your spouse to pay support or divide their property, the court may need personal jurisdiction over them
• Child Custody: Colorado must be the child's "home state" (where the child has lived for six months) to make custody determinations

The 91-Day Waiting Period

In addition to the residency requirement, Colorado has a mandatory 91-day waiting period between filing and when the divorce can be finalized. This means:

• The earliest a divorce can be granted is 91 days after the petition is filed and served
• This waiting period cannot be waived, even if both parties agree
• The waiting period gives couples time to consider reconciliation and prepare for the divorce

What If You Just Moved to Colorado?

If you have not yet lived in Colorado for 91 days, you have options. You can wait until you meet the residency requirement, or if your spouse meets the requirement, they could file instead. In some cases, it may be possible to file in another state where you previously lived, depending on that state's requirements.

Special Circumstances

Certain situations may affect jurisdictional issues:

• Interstate custody disputes are governed by the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)
• Cases involving domestic violence may have special venue considerations
• Property in multiple states may require coordination between courts