A common misconception regarding marriage and divorce is that for a couple to end a union, they must do so in the same state in which they were married. But actually, you don’t have to ”“ you can get divorced anywhere in the country. Most divorces do get filed in the county in which the filing spouse resides, but that does not mean you can’t move to another state and get a divorce.
In Colorado, the divorce process requires that, to file for a dissolution of marriage, you must meet what are called residency requirements. Residency requirements vary state by state, and filing for divorce in a state where you do not meet the requirements will lead to either rejection or dismissal of your case.
Colorado’s residency rules are fairly simple: in order to file for a dissolution of marriage, one spouse must be a resident of the state for 90 days prior to the divorce.
If you find that you do not meet the residency requirements for a divorce filing, there are a few options you have:
- If you and your spouse are willing to work it out, you can attempt counseling to repair your marriage.
- You can establish residency in Colorado for 90 days. Just because you haven’t lived here for 90 days does not mean you have to wait to start getting the paperwork together, but you cannot file until after the 90 day marker.
- If your spouse does fulfill the residency requirements, you can ask him or her to file for the divorce.
- If you have residency in another state, you could file for divorce there.
Divorce Matters ”“ Denver Family Law Attorneys