Starting the divorce process can feel overwhelming, but understanding the residency requirements in Colorado Springs is a helpful first step. If you’re considering filing for divorce in El Paso County, here’s what you need to know about where, when, and how you’re legally allowed to begin.
Before you can file for divorce in Colorado, at least one spouse must have lived in the state for 91 days immediately before filing. This rule applies no matter where in Colorado you plan to file, including in Colorado Springs.
This requirement ensures that Colorado courts have jurisdiction (legal authority) over your divorce case. You can meet this requirement by showing that:
» You or your spouse maintained a home or apartment in Colorado,
» You had a Colorado address on your driver’s license or official mail, or
» You lived in the state continuously for at least 91 days before filing.
The 91-day rule is not based on military deployment or temporary stays; it’s based on actual residence and intent to remain.
Meeting the 91-day requirement is one thing—proving it to the court is another. When you file your divorce petition in Colorado Springs, you may need to include documentation showing that you’ve been a legal resident of Colorado for at least 91 days.
Common ways to demonstrate residency include:
» A valid Colorado driver’s license or state ID
» Utility bills or lease agreements in your name dated 91+ days ago
» Voter registration in Colorado
» Pay stubs or tax returns showing Colorado as your place of employment or residence
» An affidavit or sworn statement declaring your residency
If both spouses agree on the divorce and no one contests residency, documentation is rarely disputed, but having proof ready can avoid delays.
If you recently moved to Colorado Springs, you’ll need to wait until 91 days have passed before filing. If your spouse already meets the residency requirement, however, you may be able to file sooner, as long as they are the petitioner.
For military families stationed at Fort Carson, Peterson Space Force Base, or other installations in the area: Your orders alone don’t guarantee residency, but if you’ve made Colorado your legal residence (e.g., for tax or driver’s license purposes), you may qualify.
If your divorce involves children, there’s an additional timeline to consider. In most cases, Colorado courts require the children to have lived in Colorado for at least 182 days (6 months) before the court can make custody decisions.
This prevents competing jurisdiction with other states and ensures stability for your child during a legal transition.
Navigating divorce starts with understanding your rights and requirements. At Modern Family Law, we’re here to make the process easier. Our Colorado Springs office is conveniently located and ready to help guide you every step of the way—from filing to final decree.
Modern Family Law – Colorado Springs Office
1755 Telstar Dr., Suite 275
Colorado Springs, CO 80920
Whether you’re a long-time resident or newly settled in Colorado Springs, we’re here to help you move forward. Schedule a consultation today and take the first step toward a new chapter.
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