Family Law Attorney serving Denver, CO
Hi Ann-Michelle,
Thank you for your inquiry. For Colorado to have jurisdiction over your divorce, either you or the other party must have lived in Colorado for at least 91 days before the divorce is filed. For Colorado to have jurisdiction over issues pertaining to the children, the children must have lived in Colorado for at least 182 consecutive days prior to the filing date (or since birth if the children are under 6 months). If you file in Colorado despite the children not living in Colorado for those time periods, then the court cannot address any issues regarding the children.
If you and the other party agree to share parenting time and decision-making over the children, and you both agree on the division of marital assets, then: (1) that's a good omen; and (2) it would be prudent to file the divorce as soon as practicable. In my experience, the longer a party waits to file for divorce, the more likely there will be disputes to arise beteen the parties concerning the children and the division of marital assets.
My firm handles dissolutions of marriage throughout Colorado. If any of this is unclear, or if you would like to disucss your matter further, please feel free to reach out to me.
Have a wonderful day,
Genet
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Answered on Feb 06th, 2017 at 8:56 AM