Colorado requires that persons filing for divorce meet certain residency requirements before a petition for dissolution of the marriage can be granted. The court must find that the residency requirements have been met, and only then will it issue a decree of dissolution of the marriage.
Under Colorado laws, you or your spouse must have been domiciled in the state of Colorado for a minimum period of 90 days before the commencement of the divorce proceedings. It is not necessary that both of you have been domiciled in the state of Colorado during this period of time. If even one of you is domiciled in the state, it can meet the residency requirements.
For the court to find that you have been domiciled in the state of Colorado for the minimum period of time, the law must find that you were living in the state of Colorado with the present intention of making the state a permanent home. In other words, you can’t be simply passing through the state or living here in a temporary state to file for divorce here. The court must find that you meet the residency requirements in order for the divorce to proceed.
The court may look at certain types of evidence in order to determine domicile. For instance, the court will look at whether you have paid income tax in Colorado, or have a Colorado driver’s license. The court will also look at whether you or your vehicle has a Colorado vehicle registration number or whether you have been registered to vote in Colorado. Any of these pieces of evidence may be considered by the court.
If you are a resident of Colorado, while your soon-to-be ex-spouse is currently living outside of the state, you can file for divorce in the state of Colorado.