A common misconception is that a couple must get divorced in the same state they were married in. However, you can get divorced anywhere in the country, as long as you have residency there. In fact, most divorces are filed in the state the filing spouse resides in. While this is the most common scenario, it is also possible to move before filing for divorce and file in your new home!
What Are the Residency Requirements?
In Colorado, the divorce process requires that you meet residency requirements. Residency requirements vary state to state, with some states having more difficult requirements. Filing for divorce in a state where you do not meet the requirements will lead to rejection of your case. Colorado’s residency rules are fairly simple: in order to file for a dissolution of marriage, you must be a resident of the state for 90 days prior to filing for the divorce.
If You Don’t Meet Residency Requirements
If you find that you do not meet the residency requirements for a divorce filing, you have a few options:
- You can establish residency in Colorado for 90 days. Just because you haven’t lived here for 90 days does not mean you have to wait to start getting the paperwork together. You can still hire an attorney and get to work! Your attorney will gather all the appropriate documents and wait the three months to file for divorce.
- If your spouse fulfills residency requirements in Colorado, you can ask them to file for divorce.
- If you have residency in another state, you can file for divorce there.
Contact Divorce Matters for Help
If you have any questions or concerns, please reach out to us at (720) 386-9176 or click here! One of our experienced attorneys would be happy to answer your questions.
