Divorce is a complicated and emotionally taxing process. In Colorado, there are several requirements a couple must meet to file for divorce. One of the most crucial elements is residency. Understanding and meeting residency requirements is paramount to ensure a smooth and efficient dissolution of marriage. This article aims to provide comprehensive information about Colorado’s divorce residency requirements.
What are Colorado’s Residency Requirements for Divorce?
In Colorado, a couple must fulfill specific residency requirements to file for divorce successfully. Colorado Revised Statutes (C.R.S.) § 14-10-106(1) outlines these criteria. The requirements are as follows:
At least one spouse must have resided in Colorado for a minimum of 91 days before filing.
The spouse who files for divorce must do so in the county where they or their partner has resided for at least 91 days immediately preceding the filing.
These requirements are essential to ensure the court has jurisdiction over the case.
How Can the Plaintiff Prove Residency?
When filing for divorce, the plaintiff needs to prove they meet the residency requirements. They can do this in several ways:
Driver’s License or ID Card: The plaintiff can provide a current Colorado driver’s license or ID card that shows their current address.
Utility Bill: Another way to prove residency is by providing a recent utility bill. It must show the plaintiff’s name and current address and should not be more than three months old.
Rental Agreement or Mortgage Statement: The plaintiff can also provide a rental agreement or mortgage statement that shows their name, current address, and length of residency.
Employer Verification: The plaintiff can also provide an employer verification letter stating their employment status, date of employment, and current address.
It is essential to note that the court might ask for multiple types of documentation to prove residency.
Exceptions to the Residency Requirements
There are a few exceptions to Colorado’s divorce residency requirements. If the plaintiff is a member of the armed forces stationed in Colorado, they can file for divorce in the county where they or their spouse reside. Military spouses can also file for divorce in the same county as the military member under the Servicemembers Civil Relief Act (SCRA).
Additionally, a couple that lived together and cohabited in Colorado before filing for divorce might not need to meet the residency requirements. This is known as "common-law marriage" and requires specific criteria to be met.
Conclusion
Meeting Colorado’s divorce residency requirements is crucial to ensure the court has jurisdiction over the case. Failing to meet these requirements might lead to a dismissal of the case or delays in getting a divorce. By understanding the requirements, individuals can successfully file for divorce in Colorado and move on to the next chapter in their lives.