A spouse generally may file for divorce in the state and county in which the spouse resides—or in which the other spouse resides. In many states the spouse must have lived in the state or county for a specified period of time before filing for divorce.
Laws regarding this residency requirement and where a lawsuit for divorce may be filed vary from state to state and with circumstances in which the spouses share minor children.
Laws regarding the requirements for filing for divorce are usually located in a state’s statutes—often in the family code or domestic relations code.
In Colorado, the residency requirement for filing for divorce is that at least one spouse must have lived in the state for a minimum of 91 days before filing. If the couple has minor children, the children must have resided in Colorado for at least 182 days, or the children must be born in Colorado if they are younger than 182 days. The divorce should be filed in the district court of the county where either spouse resides. These requirements are outlined in the Colorado Revised Statutes, specifically in the sections dealing with domestic matters. It is important for individuals considering divorce to consult with an attorney to understand all the legal requirements and implications of filing for divorce in their specific circumstances.