A Dependency and Neglect Case For My Child Has Been Filed. What Does That Mean?

Yes. You do not have to get divorced in the same state where you got married.

A common misconception is that if you were married in Texas, California, Florida, or another state, you must return there to file for divorce. Divorce is based on where you or your spouse live now, not where the wedding took place.

The State Where You Got Married Usually Does Not Control Your Divorce

When a couple gets married, the marriage is generally recognized across state lines. That means if you were legally married in one state, another state can usually recognize that marriage and also grant a divorce.

For example, if you were married in Arizona but now live in Colorado, you can file for divorce in Colorado as long as Colorado has jurisdiction over the case.

What Matters Most: Residency

The main question is usually whether you meet the residency requirements in the state where you want to file.

In Colorado, either you or your spouse must have lived in Colorado for at least 91 days before filing for divorce. The divorce must be filed in the county where either spouse lives. 

So, if you were married in another state but you or your spouse now live in Colorado and meet the residency requirement, you can file for divorce in Colorado.

What If My Spouse Still Lives in Another State?

You may still be able to file for divorce in the state where you live, but out-of-state spouses can create additional legal issues.

For example, the court may be able to end the marriage, but there may be questions about whether the court has authority over your spouse for issues such as:

• Dividing certain property 
• Ordering maintenance/alimony 
• Ordering child support 
• Approving a Parenting Plan 
• Dividing debts 
• Entering enforceable financial orders 

These issues depend on whether the other spouse has enough connection to the state where the divorce is filed.

If your spouse lives out of state, it’s best to consult with an attorney before filing so that you understand your options.  

What If We Have Children?

If you have children, the state where you file matters even more.

Child custody jurisdiction is not always controlled by where the parents live. In Colorado, children generally must have lived in Colorado for at least 182 days, or since birth if younger than six months, before Colorado can make child-related decisions. 

This means a parent may be able to file for divorce in Colorado, but custody or parenting time issues could be more complicated if the children recently moved from another state.

Do I Need a Copy of My Marriage Certificate?

Usually, no. Even though you do not have to divorce in the state where you were married, you may still need information from your marriage certificate, such as:

• The date of marriage 
• The location of marriage 
• The legal names of both spouses 
• Proof that a valid marriage exists 

If you don’t have this information, you can request a copy of your marriage certificate from the county or state vital records office where the marriage took place.

What If I Was Married Outside the United States?

If you were married in another country, you may still be able to divorce in Colorado or another U.S. state if the marriage was legally valid where it occurred and you meet the filing state’s residency requirements.

International marriages can raise additional issues, especially if property, children, immigration concerns, or service of divorce papers involve another country.

Bottom Line

You can get divorced in one state even if you were married in another state. The key issue is not where you got married. The key issue is whether the state where you want to file has jurisdiction over you, your spouse, your children, and the issues in your case.

For Colorado divorces, at least one spouse must live in Colorado for 91 days before filing. If children are involved, Colorado must be the children’s home state for 182 days before the court can decide custody issues. 

Because jurisdiction can become complicated, especially when spouses live in different states or children recently moved, it is wise to speak with a family law attorney before filing.