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Allen M., Esq.
Allen M., Esq., Attorney
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I am an active duty service member, currently in CA, but with

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I am an active duty service member, currently in CA, but with my state of residency as FL (filed income taxes there for the past 6 yrs), and my home of record in CO (from which I joined the service, and to which I intend to return upon discharge). I am leaving the military soon, honorable discharge, and plan to move back to CO.
My wife and I have decided that divorce is the best option for each of us (no kids, growing in different directions), but have no idea what state laws we are subject to IRT divorce. We will most likely wait until the military discharge is completed before beginning the process (enough administrative complication there already).
Can you tell me which state we will need to pursue divorce with? (we were married in CO, and will likely both return there, in the long term if that makes any difference)
Thank you in advance for your time and help,
You need to file divorce in the location that you have a connection to. Each state has a residency requirement. For Colorado, the residency requirement is that you must have lived (at least one of you) in the state the 90 days preceding the commencement of the action.

I would recommend waiting until you can meeting those requirements and file in Colorado. That way, you'll live in the state overseeing your divorce. Dealing with that court will be much less of a burden than filing anywhere else.

Of course, you may wish to contact a CA divorce attorney to determine whether the laws, as applied in that state, benefit you enough to consider filing there while you meet the residency requirement in that state.
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