QUESTION
Can I file for a divorce in Colorado, but from out of state, and without losing custody of my son?
Asked on Oct 15th, 2012 on Divorce - Colorado
More details to this question:
My husband and I have been working in a collaborative law divorce process for several months - the primary issue involves parenting time (I want to move out of state with our child, but my husband doesn't want our child to leave the state). My spouse also has serious issues with substance abuse and depression - a formal S.A.E. was done as a part of the collab. I've recently learned that my spouse is now consulting with a new lawyer for litigation - essentially, he plans to abandon the collab process, against the advice of his attorney and all professionals involved in the case. I have no family members and few friends in Colorado, and I want to move to a place where I have support - especially if I'm going to be drawn into a long legal battle. I'd been trying to work with spouse for fair parenting time, but he's refused to cooperate and basically abused the collab process to stall for time. No divorce papers have been filed yet.
1 ANSWER
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John E. Kirchner
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The ability to file in Colorado for the divorce part requires that one of the parties be a legal resident of Colorado for 90 days prior to the filing. For the child custody issues, the children will have to have been living in Colorado for at least 6 months before anything is filed, regardless of whether you can file for divorce in Colorado. If your husband files in the state where you and the children are currently residing that state will obtain and retain exclusive jurisdiction to resolve the parenting issues unless he allows you to move and doesn't file anything sooner than 6 months after you leave.
Answered on Oct 17th, 2012 at 9:24 PM