QUESTION
How do I respond to a divorce filed by my husband in the US?
Asked on Nov 25th, 2013 on Divorce - Colorado
More details to this question:
My husband and I were married in Ontario Canada. Now he lives in Colorado and I live in Alberta, Canada. I just found out on Facebook that he has filed for divorce in Fort Collins, CO. I have not been served with papers and think he may just pretend that he does not know where I live in order to get the judge to grant the divorce without me signing anything. Against the law I know so does he but does not care. What I would like to know is besides just a divorce, can a judge grant him anything monetary like money or any of my assets? We have been apart since 2006 and nothing is jointly owned and our daughter is now 19 with no request for alimony or past child support on my behalf. I received a Publication Notice To the Respondent telling me that an action has been filed for Dissolution of Marriage and that a copy of the Petition and Summons may be obtained from the clerk of the Court in CO. I live in Canada and have no passport, how can I get these papers? Don't I need to be served? I have proof that he does know my address here in Canada. He and his present wife (lied on marriage application in the USA said he was divorced so he could remarry..Not Legal I know) both have sent me letters here. Lawyers here say I need a lawyer in CO and lawyers from the US tell me I need a lawyer here. Please, please help me. The case is set to go before a judge on Dec. 19th, 2013 and this paper tells me that I have 35 days to respond as of Nov. 14 2013. I need advice ASAP.
1 ANSWER
Legal Separation Attorney serving Boulder, CO
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You can call the clerk of the court to ask for copies of the papers. Depending on the process he used, he may be able to ask for money. You could make him start over if you could prove he lied when he filed stating he did not know where you are. If he only wants a decree of divorce and is not asking for any money, then you might be best off going through with it, as it?s not a good idea to remain married to someone with questionable behavior, since there are always some risks to you being his spouse. As well, if he wants a divorce, the court is going to grant it, as they will not force people to stay married, so it probably is in your best interest to go along with it if only to ensure your rights are protected. A lawyer in Colorado, like me, can enter an appearance, review the case, talk to him and help you get though it. If the case is uncontested (i.e., he is not asking for money and you are not either), it would not be expensive to have us help you (likely under $1,500).
Answered on Dec 03rd, 2013 at 6:13 AM