Like other states, Colorado requires a minimum period of residency in the state before you can file for divorce here. States impose these requirements to prevent parties from shopping around for the state that has the most advantageous laws for them, and then filing in that state. An initial step in any divorce is to make sure you meet these requirements.
You can file for divorce in Colorado if you or your spouse has been “domiciled” in the state for the 91-day period immediately preceding the filing date. “Domiciled” is a tougher standard than mere residency. It means you are residing in the state with the intention of making it your primary home. If your spouse has moved out of state, you can file for divorce here as long as you yourself have been domiciled here for 91 days.
If you believe your spouse is planning to file for divorce in another state, it can be to your advantage to file here first. Whichever court the divorce is filed in will have jurisdiction over all proceedings related to the divorce, including division of assets, child custody and child support. By filing in your home state, you can avoid having to travel to another state every time you have to make a court appearance.
The information in this post is general information only, and should not be taken as specific legal advice. If you have questions regarding residency requirements or any other aspect of filing for divorce, you should consult an experienced Colorado family law attorney.
Source: FindLaw, “Divorce Residency FAQ’s,” accessed Oct. 13, 2014