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What are the residency requirements for filing for divorce in Colorado?
Tawni Cummings
Colorado managing attorney at Marble Law
Key Takeaways
- Before filing for divorce or legal separation in Colorado, one of the spouses must have lived in the state for at least 91 days.
- If you and your spouse share children, your kids must have lived in Colorado for at least 182 days (or since birth) before you can file for divorce.
If you’re thinking about getting a divorce in Colorado, one of the first things you must determine is whether you can file in the state. You must meet the residency requirements for filing:
- You or your spouse must have lived in Colorado for at least 91 days before you may file for divorce or legal separation in Colorado.
- Additionally, if you and your spouse have any minor children, those kids must have lived in the state for at least 182 days before you can file for divorce. (If the children are younger than this, they must have lived in the state since birth.)
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Proof of residency establishes that Colorado has jurisdiction (or legal authority) to hear and decide your divorce case.
To prove residency, you may use a Colorado state driver’s license, voter registration in Colorado or other documentation. An experienced Colorado divorce lawyer may help if you have questions about how to prove your residency.
If you haven’t lived in the state for at least 91 days, you can still begin working on your divorce. You can compile any documentation you may need and fill out the paperwork. You simply can’t file the paperwork yet.
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