Phoenix, AZ asked in Divorce and Family Law for Colorado

Q: There are 2 properties different counties in CO person A moves to the second property, can person A file in new county

How long does person A have to live in new county before filing? Lifelong Colorado resident

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2 Lawyer Answers
John Hyland Barrett III
John Hyland Barrett III
Answered
  • Louisville, CO
  • Licensed in Colorado

A: There is no mandatory waiting period for you to file so long as you have lived in Colorado for 91 days. You can file in any county in the state. The respondent may request a change of venue to the county where the respondent resides. You should have a lawyer help you with this.

Christopher N. Little
PREMIUM
Christopher N. Little
Answered
  • Centennial, CO
  • Licensed in Colorado

A: Hi there, good questions! As a general rule of thumb, Person A could file in the new county; however, there is always the chance that Person B requests to have the case transferred back to the county they reside in.

The transfer and venue rules are a bit labyrinthine and I would need to know a bit more to give you a more certain and definitive answer.

There are no length of residency requirements for filing in a specific county for domestic relations cases.

I suggest that you engage in a consultation with a qualified attorney licensed to practice law in Colorado to better assess your specific case and circumstances. I sincerely wish you and yours only the absolute best.

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