What Is the Residency Requirement for Filing for Divorce in Colorado?

Going through a divorce is never easy. If you’re feeling uncertain about what comes next, we’re here to help. One of the first legal steps in filing for divorce is ensuring you meet Colorado divorce residency requirements. Understanding these laws is essential before you move forward with your case.

At Plog & Stein P.C., we know that navigating the legal aspects of divorce can feel overwhelming. Our attorneys are here to simplify the process and provide the legal support you need. If you have questions about filing for divorce in Colorado, whether you’re just starting to research or require legal representation now, call us today or contact us online to get the answers you need.

Table of Contents

1. How Long Do You Need to Be a Resident of Colorado to File for Divorce?
2. Confirming Your Residency Status Before Filing for Divorce
3. What If My Spouse Lives in Another State?
4. Call Plog & Stein P.C. for Trusted Guidance

How Long Do You Need to Be a Resident of Colorado to File for Divorce?

Before you file for divorce, you must establish legal residency in Colorado. The law requires that at least one spouse has lived in the state for a specific amount of time before the court can grant a divorce. If you do not meet this requirement, you may need to wait before filing.

Here are the key points you should know about residency requirements for divorce in Colorado:

• At least one spouse must have lived in Colorado for at least 91 days before filing for divorce.
• The residency requirement applies to either spouse, meaning you do not both need to be residents.
• The court will only have jurisdiction over your divorce case if you meet this requirement.

If you are unsure whether you qualify, an experienced attorney can help you understand your options and timeline.

Confirming Your Residency Status Before Filing for Divorce

If you or your spouse recently moved, it’s important to take a moment to check whether you qualify before starting the divorce process. Steps to confirm your residency status include:

• Check your move-in date. If you recently relocated, make sure at least 91 days have passed.
• Gather proof of residency. Utility bills, lease agreements, or a driver’s license can help establish your residency.
• Consult an attorney. If you are close to the 91-day mark or have concerns, a legal professional can guide you.

By confirming your residency status now, you can create a clear plan for filing when you’re eligible. Alternatively, if you don’t want to wait, you might want to see if filing in another state where you still meet residency requirements is a better option. Suppose you do not currently meet any state’s residency requirements. In that case, you may need to wait and file after you’ve fulfilled the waiting period and become eligible in Colorado. Understanding these options now can help you avoid unnecessary delays and frustration when you’re ready to proceed.

What If My Spouse Lives in Another State?

If your spouse lives in another state, you can still file for divorce in Colorado as long as you meet the residency requirements. However, out-of-state spouses may present challenges related to serving divorce papers and determining legal jurisdiction over property, child custody, and support.

Consider the following:

• Spouse never lived in Colorado. If your spouse has never lived in Colorado, the court may have limited authority over property or custody matters.
• Children. If children are involved, additional legal rules may determine whether Colorado has jurisdiction over custody arrangements. Such rules could address where the child has primarily lived for the past six months or whether another state has a stronger legal claim to jurisdiction.

• Professional help. An attorney can help you navigate the complexities that come with having an out-of-state spouse. They can help ensure you follow proper legal procedures and address jurisdictional challenges.

Dealing with a spouse who lives in another state can introduce additional hurdles, such as properly serving divorce papers and establishing which court has jurisdiction over your case. These complexities can make the process more challenging, but with the right legal guidance, they can be managed effectively. An experienced attorney can help make the process smoother by ensuring that all legal requirements are met, facilitating communication between state courts if necessary, and protecting your interests at every step.

Call Plog & Stein P.C. for Trusted Guidance

Filing for divorce is a major decision, and understanding Colorado divorce residency requirements is crucial—especially if you have recently moved, split from your spouse, or are considering filing in another state where you may still meet residency qualifications. If you are unsure about whether you meet the legal standards or need help with the process, the attorneys at Plog & Stein P.C. are here to assist you.

We offer compassionate, knowledgeable legal support to guide you through your divorce with confidence. Call or contact us online to schedule a consultation and take the next step toward your future.