Divorce proceedings are rarely a walk in the park, but before you can begin tackling the intricacies of your marital problems, it is essential to have a clear understanding of the requirements for filing for divorce. Each state in the United States has its own set of criteria, and Colorado is no exception. In this article, we will explore the residency requirements for filing for divorce in Colorado in detail.
Divorce Laws in Colorado: An Overview
Colorado is a state that recognizes both fault and no-fault divorces. In a fault divorce, one party must assert that the other party is to blame for the breakdown of the marriage. Examples of grounds for fault divorces in Colorado include adultery, cruelty, desertion, and habitual drunkenness or drug use.
However, the majority of divorces in Colorado fall under the category of no-fault divorces. In a no-fault divorce, neither party is held responsible for the deterioration of the marriage, and they are not obligated to provide a reason for the divorce.
Residency Requirements for Filing for Divorce in Colorado
Before initiating divorce proceedings in Colorado, it is crucial for one or both parties to meet the state’s residency requirement. According to Colorado law, at least one spouse must have been a resident of Colorado for a minimum of 91 days prior to filing for divorce. In addition, the divorce petition must be submitted in the county where either spouse currently resides.
If both parties are Colorado residents, they are eligible to file for divorce in the county where either of them resides, as long as one of them has met the 91-day residency requirement.
Exceptions to Colorado’s Residency Requirement
Colorado recognizes two exceptions to the residency requirement for filing for divorce. The first exception pertains to active-duty military personnel and their spouses. If one of the spouses has been stationed in Colorado for a minimum of 91 days prior to filing for divorce, they are entitled to initiate divorce proceedings in Colorado.
The second exception caters to Colorado residents who have recently relocated out of the state. If a couple was living in Colorado before their separation, and one of them has moved to another state, the remaining spouse who still resides in Colorado can file for divorce in the state. However, they must have resided in Colorado for a minimum of 91 days prior to filing the divorce petition.
A Final Note
In summary, to file for divorce in Colorado, it is necessary for one or both parties to have resided in the state for 91 days before submitting the petition. The divorce should be filed in the county where either spouse currently resides. Exceptions are made for active-duty military personnel and their spouses, as well as for Colorado residents who recently relocated out of the state. For personalized advice and guidance tailored to your specific circumstances, it is always recommended to consult with a qualified divorce lawyer who can assist you in navigating the divorce process effectively.