Does it matter who files for divorce first in Colorado?

The rights and duties of the parties do not change based upon who initiates the divorce process, but it is essential to comply with the requirements under Colorado law. They include:

  • One party must be a Colorado resident for at least 90 days before filing the petition
  • The petitioner is required to properly serve divorce paperwork to the other spouse
  • If there were children born to the marriage, they must have lived in Colorado for at least six months for a court to address custody, visitation, and support