I Live in Colorado and My Wife Lives in Texas. Can I File for Divorce Here?
You moved to Colorado. Your spouse stayed in Texas with no intention of leaving. You feel stuck in the middle of two states and want to know if you can file for divorce in Colorado. In many cases, you can.
However, there’s a catch people might miss. While a Colorado court may be able to end your marriage from across state lines, it may not be able to make every order you want. The types of orders a Colorado divorce court can make depend on whether the state has the right kind of authority over your spouse.
Our highly experienced family law team at Plog & Stein P.C. can explain the rules in simple terms and develop a plan tailored to meet your needs and goals. We provide top-rated advice and work hard to efficiently and effectively resolve our clients’ cases.
What Does a Divorce Decree Cover?
There are many parts to a divorce decree, and knowing what they are is crucial to deciding whether you want to file for divorce in Colorado. Depending on your circumstances, a complete divorce decree typically covers the following matters:
- Property division,
- Child custody,
- Child support,
- Spousal maintenance,
- Name changes, and
- Protection orders.
If your spouse and child have significant contacts with Colorado, you are more likely to receive a divorce decree in Colorado that covers everything. So, let’s go over what type of contacts you and your family have to have with the state to complete a divorce here.
Your Domicile Is a Major Factor When You File for Divorce
Colorado requires a spouse to fulfill a residency period or a period of domicile before starting a divorce case here. You or your spouse must have lived in Colorado for at least 91 days immediately before filing a divorce petition in the state.
If your spouse stayed behind in another state, but you have been here for at least 91 days, you have cleared the first legal hurdle and can ask a Colorado court for a divorce. The next hurdle is determining whether the court has jurisdiction in your case.
Does the Court Have Jurisdiction?
When your spouse lives in another state, the word “jurisdiction” becomes important for divorce proceedings. Jurisdiction is what gives the court authority to make decisions that affect you, your spouse, or your children. It helps ensure that a court here can make fair decisions about a person’s life under their unique circumstances.
In general, a Colorado divorce court can’t make orders that bind another party unless that party has been properly served and has “minimum contacts” with the state. The required minimum contacts depend on the types of orders the court wants to make.
If you and your spouse lived in Colorado for more than 91 days, and your spouse recently moved to another state, Colorado likely has jurisdiction over most divorce matters under the state’s long-arm statute. But if you just moved to Colorado alone, you might have to provide different proof to maintain a case.
When Can a Colorado Court Order Your Spouse to Divide Assets or Pay Support?
Splitting finances is a huge part of almost every divorce case. You might receive a significant portion of your marital property or spousal or child support after you file for divorce in Colorado.
Still, you first have to prove that a Colorado court has jurisdiction to make these decisions. The court likely has jurisdiction if your spouse spends a significant amount of time in Colorado or owns property here.
When Can a Colorado Court Make Orders Regarding Child Custody?
Colorado courts have the authority to make custody decisions when Colorado is the “home state” of the child, meaning the child has lived here with a parent for at least 182 consecutive days immediately before the case starts. If the child is younger than six months, their home state is the state where they have lived since birth.
So, if your kids stayed in Texas or have just moved from Texas to Colorado, Texas may still be considered their home state. Colorado may not be able to enter custody orders right away, even if you live here and want to resolve custody issues.
Jurisdiction is a major issue in multi-state divorces, and having an experienced Colorado divorce attorney can make a world of difference in your case. An early review by a lawyer can prevent months of delay and a significant amount of wasted court fees.
How to File for Divorce in Colorado (When Your Spouse Is in Another State)
The following outlines a basic game plan for filing for a Colorado divorce when your spouse doesn’t reside in the state. Depending on your circumstances, you may need to make different choices, and you should consult an attorney.
Step 1: Confirm Your 91-Day Domicile
Make sure that at least you or your spouse has lived here for at least 91 days before filing. Skipping this step could result in a frustrating case dismissal that you could have easily avoided with a little research.
Step 2: File Your Divorce Petition and Accompanying Paperwork
Submit your completed and signed divorce Petition, Case Information Sheet, and Summons for Dissolution of Marriage to the Colorado county court where you live. You will likely need to pay a filing fee as well.
Step 3: Serve Your Spouse Correctly
You must give your spouse notice about the divorce by serving them with the paperwork. In many cases, this means having a sheriff or an adult who doesn’t have an interest in your case personally deliver the documents to your spouse. In some cases, you can receive court permission to serve your spouse by mail or by publishing the paperwork in a newspaper. Your spouse can also sign to waive the service requirement.
Step 4: Give Your Spouse Time to Respond
When both spouses live in Colorado, a spouse has 21 days to respond to divorce papers. However, an out-of-state spouse has 35 days to respond to a divorce petition. After your spouse responds to your petition, your case is open, and you can begin negotiating or litigating any issues under Colorado’s jurisdiction.
We Can Help You Find Peace and Solutions During a Long-Distance Divorce
When you’re facing the challenges of a divorce across state lines, you need clear answers. You also need a process you can trust. We are here to guide you with effective strategies.
Plog & Stein P.C. has been serving and providing award-winning advocacy to the people of Colorado for over 25 years. We can guide you through the process of filing for divorce in Colorado and help you protect your interests throughout the proceeding. Our Colorado divorce attorney can tailor a plan to your specific needs and safeguard you at every turn.
Contact us by phone or online to schedule a consultation.
