
The 91-Day Residency Rule
Process
Pre-Divorce
Colorado
To file in Colorado, you or your spouse must have been domiciled in the state for at least 91 days before filing.
Under C.R.S. § 14-10-106, a Colorado court can't grant a dissolution unless at least one spouse has been "domiciled" in Colorado for at least 91 days right before the case is filed. Domicile means more than just being physically present; it means Colorado is your permanent home and you intend to stay, shown by things like your driver's license, voter registration, where you work, and where you pay taxes. This is "jurisdictional," meaning the court can't proceed without it.
If your spouse is the Colorado resident and you live elsewhere, the case can still proceed here. And if children are involved, a separate statute (the UCCJEA) requires the children to have lived in Colorado for at least 182 days before a Colorado court can make parenting decisions, so a recent move can complicate the parenting piece even when you personally meet the 91-day rule. Keep in mind that there are exceptions for infants, temporary emergencies, etc.
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Colorado
Colorado, USA
