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Can you divorce in Colorado if you were married out of state?

On Behalf of | Aug 19, 2020 | Divorce

You and your spouse may have relocated to Colorado for a variety of reasons. However, regardless of where you got married, your relationship could face insurmountable challenges anywhere.

Although the dissolution of marriage is a common concern throughout the United States, you might wonder whether you can pursue your divorce after your move to Colorado from another state or country. Although reaching a settlement takes time, you can file for divorce once you meet the state’s residency requirements.

Three considerations for ending your marriage after relocating

Before you file for divorce, many concerns may arise. If children are involved that can further escalate worries about custody, support and your ability to establish a new home.

For example, some of your questions may include:

  • How long do I need to live in Colorado before I file for divorce? You can file for divorce once you have lived in the state for at least 90 days. Following another 91 days, the court can enter your decree.
  • What are the residency requirements for child custody? This can be complicated, and the advice of a qualified lawyer may be required. Generally, you can file for custody in Colorado any time if they were born in-state, or if both parents and the child reside here now. If you and your child have moved to Colorado but the other parent stayed at your prior out of state location , your kids must be residents for at least six months before you file an action for custody. More complicated requirements apply if there was a prior custody order in another state. There are also provisions that apply to address genuine emergency situations. These issues are difficult to navigate without a lawyer.
  • What protection is available in cases of domestic violence? Regardless of whether a divorce action has been or could be filed, if you or your children experience domestic, you can request a temporary protection order. Depending on your situation, you may seek a permanent protection order at the expiration of the temporary protection order.
  • Although you can dissolve your marriage in Colorado, you would be wise to explore your options before you file. Learning how to protect your interests can equip you to reach favorable results for your future.


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