Filing for Divorce From Different States

It’s a common reaction to the breakup of a marriage to want to change locations from your spouse, either for the complete change of moving to a new state, or for the comfort of moving back to a home state; however, it’s crucial to consider how living in different states impacts the divorce process.

When divorcing spouses reside in different states, it’s necessary to establish the appropriate jurisdiction, based on the states’ residency requirements. It’s also important to determine which state’s divorce laws work best for your case. Reach out to our Denver divorce lawyers for a free case evaluation at (303) 451-0300.

What to Consider When Divorcing From Different States

Each state has different laws for key aspects of divorce, such as the division of marital assets, child custody, child support, and spousal maintenance. If you are in Colorado but your spouse has moved to a different state (or the other way around) before deciding to file, it’s crucial to explore each state’s divorce laws regarding the following key points:

• Each state’s residency requirement; for instance, to file for divorce in Colorado, you or your spouse must have resided in the state for at least 91 days. If you have children, the children must have resided in the state for at least 182 days, or since birth, for Colorado to have jurisdiction over custody and child support orders. These requirements may be different in another state
• In Colorado, the respondent (the spouse who didn’t file for divorce) has 21 days to respond if they are in Colorado, or 35 days to respond if they are out of state
• Colorado has a 91-day waiting period requirement between filing for divorce and issuing the final decree, a requirement that many other states don’t have
• Before filing, you must consider whether you intend to continue residing in Colorado while your spouse remains in another state, or your spouse plans to return to Colorado to share equal parenting time (child custody), or you plan to move near your spouse to share custody
• How each state handles the division of marital assets, for instance, some states are community property states that require a strict 50/50 division of marital assets, while Colorado requires a “fair and equitable division” of assets that allows more leeway for spouses to negotiate
• The legal framework for each state’s enforcement of other states’ divorce orders

Fortunately, all 50 U.S. states must follow the Uniform Interstate Family Support Act (UIFSA), which requires each state to comply with and assist in enforcing divorce orders issued in other states.

Where Do I File for Divorce When We Are In Different States?

Once you and your spouse have decided to file for divorce, the next step is to decide who files the divorce petition. The spouse who files for divorce is the petitioner, while the other spouse is the respondent. To petition for divorce in Colorado, you must meet the state’s residency requirement. If you are the spouse still living in Colorado, or if you’ve lived in Colorado for more than 91 days, you may file the divorce petition in Colorado. If your spouse is out of state, they have 35 days to respond to the petition.

If you are living in a different state and your spouse is living in Colorado, you may either file in your state after meeting the state’s residency requirement, or your spouse may file for a Colorado divorce as long as they meet Colorado’s residency requirement. If your spouse files for divorce in Colorado, you’ll have up to 35 days to file your response.

How Can a Colorado Divorce Lawyer Help Me?

Filing for divorce is never an easy decision or simple process, but if you and your spouse are living in different states, it adds an additional layer of complexity, with many important considerations. Call or contact Ciancio Ciancio Brown, P.C. to speak to an experienced Colorado divorce lawyer who can help you determine the best way forward for your unique divorce process.