QUESTION
How can I get divorced on grounds of abandonment as I do not know of her whereabouts as of July 2004?
Asked on Feb 28th, 2013 on Divorce - Colorado
More details to this question:
I was married in Texas July of 1998. I have been living in Denver Colorado for 1 year. How can I get divorced on grounds of abandonment, as I do not know of her whereabouts as of July 2004? We have no children together, and no properties. Can I do a divorce by publication in Texas from the state of Colorado? Please help, as I am indigent and in a transitional housing program and trying to get my life in order. Thank you.
1 ANSWER
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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Colorado doesn't have any "fault" grounds for divorce, so abandonment is irrelevant. All that is required under Colorado no-fault divorce is for one of the parties to say that the marriage is "irretrievably broken". If you have been a legal resident of Colorado for more than 90 days you can file for divorce in Colorado and accomplish service by publication in Colorado. Service by publication only permits the court to grant the divorce and deal with any property located in Colorado. Since you say there are no children and no property, that won't make a difference to you.
Answered on Mar 04th, 2013 at 8:34 PM