Because of the transient nature of the military lifestyle, it may be confusing for military couples to determine where they are supposed to file for divorce. This is a very important question to ask, because you must determine the proper jurisdiction in order to successfully file for dissolution of marriage. If you or your spouse is in the military, it’s likely that you have lived in multiple places, but just because you currently reside in Colorado, it doesn’t mean that Colorado is the correct jurisdiction for your filing. So, how do you know where to file? Let’s take a closer look.
I’m a Military Spouse Stationed in Colorado: Is This Where I File for Divorce?
In order to file for divorce in Jefferson County, Colorado, you or your spouse must be a resident of the state. For most, residing in the state for at least 91 days would meet the requirements involved for claiming residency. However, this doesn’t really apply to service members. That’s because military personnel are able to elect a state of residency, which remains their official residency no matter where they live. So, let’s say a military couple were raised and married in Colorado. After the wedding, they are sent to the marine base in California. They can elect Colorado as their state of residency, meaning they don’t have to get California driver’s licenses or any of the other tasks you must do when you change residency. If you are in the military, stationed in Colorado and you and your spouse have residency in another state, that is where you must file for divorce. If you have residency in Colorado, but are stationed in another state or country, then you can file your dissolution of marriage in Colorado.
I’m a Resident of Colorado, but Live in Another State: Do I File for Divorce in Colorado?
If, as a military member or military spouse, you have taken steps to become a resident of Colorado, then you can file for divorce here. Remember, only one party must be a resident in order to file in Colorado. Commonly, steps to residency include getting a Colorado driver’s license, opening a bank account, or registering to vote. If you are in the military or are looking to divorce a service member, it’s best you consult with an experienced family law attorney to get the information you need about where to file.
If you are getting a military divorce, call the Pearman Law Firm at 720-259-9528 or toll free at 888-835-6339 for a free initial phone consultation.
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