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Where do military members stationed in Colorado file for divorce?

On Behalf of | Jan 8, 2015 | Divorce |

When you’re in the military, filing for divorce can be a bit confusing. Do you file where you’re stationed or in the state where you were married? What if you were married on base or out of the country?

In Colorado, either you or your significant other would have had to have been a domiciliary for at least the last 90 days before filing for divorce. If you claim that you are a domiciliary of Colorado, you should mean that Colorado is your state of residence and have a driver’s license that says so.

If your spouse is not in the military, he or she will need to have residency in the state. If she or he is actually a resident in another state, then that state may be where you need to file. Essentially, one of you needs to be paying Colorado State taxes in order to file for divorce in the state. If not, then the place you file will be where you pay your state taxes.

If you can file in Colorado, then remember that Colorado is a no-fault state. That means that as long as your marriage is considered “irretrievably broken,” you’ll be able to get a divorce. You do have to wait 90 days after the divorce petition to move forward with the case. In Colorado, this is called the cooling-off period, and it gives time for those involved to change their minds or make arrangements for the divorce. During this time, the law is essentially hoping that the couple will have a chance to reconcile, but if not, then the divorce will be allowed to continue.

Source: United States Air Force Academy Legal Office, “Which State’s Law Applies?” Jan. 08, 2015


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