If my husband and I want to divorce but he’s a resident of one state and I’m a resident of another but we live in a 3rd state, where do we file?

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If my husband and I want to divorce but he’s a resident of one state and I’m a resident of another but we live in a 3rd state, where do we file?

My husband and I are 22 and 24 so do not have any wealth to split between us. We don’t have children and have already agreed on who gets what regarding our possessions. I have looked up the paperwork required to file the divorce and it seems so complicated. Also, where do we even file for divorce; if it is in another state can we do it through mail or do I need to go back home to file?

Asked on July 9, 2015 under Family Law, Colorado

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Whereever you choose to file you must meet the residency requirements therein in order to do so.  You listed the state you are writing from as Colorado.  In that state at least one of the spouses must be a resident for 3 months (90 days) prior to filing for divorce.  Only one spouse's residency is needed.  Good luck.


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