Can I file for divorce in Colorado if my spouse lives in another state?
Tawni Cummings
Colorado managing attorney at Marble Law
Key Takeaways
- Most of the time, you can file for divorce in Colorado if your spouse lives in another state.
- In order to have jurisdiction over your divorce, you must have lived with your spouse in Colorado at some point, or your spouse must agree to hearing the divorce in the state.
- Although you can divorce in Colorado, the state may not have jurisdiction over matters such as spousal support and property division.
Yes, you can file for divorce in Colorado if your spouse lives in another state, as long as a Colorado court has jurisdiction over your spouse.
This can happen if one of the following applies:
- Your spouse lived with you in a “matrimonial residence” in Colorado at some point.
- Your spouse agrees to Colorado having personal jurisdiction over them (by filing the petition for dissolution of marriage jointly or by signing a waiver accepting personal jurisdiction and service over them).
- You’re able to serve your spouse with the documents needed to start the divorce process while they’re in the state of Colorado.
However, there are some issues the court may not be able to address if your spouse lives in another state. For example, the court may not have jurisdiction to enter orders for spousal maintenance (also known as alimony), and the court may not be able to enter orders dividing property that’s located out of state. Jurisdiction over children may also be an issue if your shared children have resided in another state for longer than 182 days.
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However, there are some issues the court may not be able to address if your spouse lives in another state. For example, the court may not have jurisdiction to enter orders for spousal maintenance (also known as alimony), and the court may not be able to enter orders dividing property that’s located out of state. Jurisdiction over children may also be an issue if your shared children have resided in another state for longer than 182 days.
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