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90 Day Jurisdictional Requirements

Lesson 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.

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 other words, 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.

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