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90 Day Requirement for Colorado Divorce


Summary:  The divorce petition cannot be filed in Colorado unless at least one of the parties has been domiciled in Colorado for at least 90 days. Then it takes at least 90 days to obtain a Colorado divorce.


At Least One Lived in Colorado For 90 Days

A petition for divorce or legal separation should be filed in the county where at least of the parties resides. Generally it is where the respondent lives. It can be where the petitioner lives, if the respondent is served in that county. Or, it can be by agreement. CRCP 4.

In order to enter a decree of dissolution of marriage, a court must find that at least one of the parties has been domiciled in Colorado for at least 90 days. And the court must have jurisdiction over the other party for at least 90 days.

In an ideal divorce, such as a mediated divorce, the couple will have their separation agreement and all other documents prepared, then file together and after 90 days the court signs the documents.  In such a case, there is no need to attend the first status conference.  (This is commonly done.)

90 Days Since Divorce Filed (and Served)

Generally the court cannot grant a divorce until 90 days has passed since the later of: (1) filing of the divorce petition; or (2) the service on the other party. CRS §14-10-106.

Except that if an earlier decree of legal separation was entered by a court, then 6 months must pass from the time of the entry of a legal separation.

And except that if the only legal action is in regard to parenting responsibilities (custody), then there may be a separate requirement of 6 months before a Colorado court will accept a case.

Since Colorado is a no-fault state, generally the conduct of neither party will be heard nor considered by the court. No time will be wasted arguing over who is at fault.

GIF The material on this web site is for informational purposes only. This law firm practices only in Colorado. An attorney-client relationship is established only when an agreement as to the scope of representation and fees has been signed and a retainer paid. Colorado law may consider these web site materials to be attorney advertising. GIF
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