Divorce Residency Requirements in Colorado: Who Can File and Where

By the FigureMyTax Editorial Team · How we calculate

Colorado requires one spouse to be domiciled in the state for 91 days before the case starts. The 91-day wait for a decree runs from the date the court acquires jurisdiction over the respondent, and custody has a separate 182-day home-state test.

What residence does a Colorado divorce require?

The court finds that one of the parties has been domiciled in Colorado for 91 days next preceding the commencement of the proceeding (C.R.S. 14-10-106(1)(a)(I)). Only one spouse has to meet it. The petition must state each party’s residence and the length of residence in the state (14-10-107(2)(a)). The Colorado divorce timeline calculator adds 91 days to the date you enter and compares it with your filing date.

When does the 91-day wait start in Colorado?

Not at filing. A decree needs a finding that 91 days or more have elapsed since the court acquired jurisdiction over the respondent, either as the result of process under Rule 4 of the Colorado Rules of Civil Procedure, as the result of the respondent joining as copetitioner in the petition, or by the respondent’s appearance in any other manner (14-10-106(1)(a)(III)). With a joint petition, the clock starts when it is filed; with a petition served later, it starts at service.

Where do you file for divorce in Colorado?

In the district court, which enters the decree of dissolution or legal separation. The statute names no county residence period beyond the 91 days of domicile; ask the district court clerk about the county where to file.

Can you ask for legal separation instead in Colorado?

Yes. If a party requests a decree of legal separation rather than dissolution, the court grants it in that form unless the other party objects (14-10-106(2)). The same 91-day domicile and 91-day periods apply to both decrees.

What does the petition have to say about separation in Colorado?

It must allege that the marriage is irretrievably broken and state, among other things, the date and place of the marriage and the date on which the parties separated, and it must include a written acknowledgment of the automatic temporary injunction (14-10-107(2)).

Does residence decide custody jurisdiction too in Colorado?

No. Colorado can usually decide custody only if it is the child’s home state when the case starts, or was within 182 days before and a parent still lives there (C.R.S. 14-13-201(1)(a)). Home state means the state where the child lived with a parent for at least 182 consecutive days immediately before the case began (14-13-102). A parent who moves to Colorado with a child can therefore be divorced here before Colorado is the child’s home state; see the Colorado parenting time calculator.

What happens to the other issues in Colorado if the decree comes first?

The court may defer the allocation of parental responsibilities, support, maintenance and the disposition of property until after the decree of dissolution or legal separation if it finds that a deferral is in the best interests of the parties (14-10-106(1)(b)). A spouse who wants to remarry should check that the decree is final and that the open issues are protected by temporary orders.

How do the 91 days and 91 days fit together in Colorado?

They are separate clocks. For example, a spouse who became domiciled in Colorado on March 1 completes 91 days on May 31 and can file that day. If the other spouse is served the same day, 91 days later is August 30, the earliest date for a decree.

Frequently asked questions

How long must I live in Colorado to file for divorce?

One spouse must have been domiciled in Colorado for 91 days next preceding the start of the case.

Do both spouses have to live in Colorado to divorce there?

No. Only one spouse has to meet the 91-day rule.

When does the Colorado 91-day waiting period start?

When the court acquires jurisdiction over the respondent by service, joinder as copetitioner or appearance.

Where do I file for divorce in Colorado?

In the district court; ask the clerk which county applies.

Does Colorado residency decide custody jurisdiction?

No. Custody follows the child’s home state, which needs 182 consecutive days of living in Colorado.

Official sources

Going through a divorce or custody case in Colorado?

A local family law attorney can review your situation — many offer a free consultation.

Talk to a Colorado attorney

This is general information, not legal advice. It is based on the cited Colorado statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Colorado attorney.