Yes, as long as you and/or your husband otherwise meet the residency requirements. In Colorado, that means one of you has to have been domiciled (not merely "present") in Colorado for 90 days before filing the divorce petition. Assuming you have a valid green card or long term visa to be in the US, you should be able to satisfy that residency requirement. If the child lives with you the majority of the time, the father will be required to pay you child support. Whether you will receive spousal support (alimony) depends on the overall financial facts and circumstances that involve balancing your needs against your husband's ability to pay, under some broad, general principles. There are no fixed rules and each case is different. If child support and/or alimony is awarded, that duty would not stop simply because you choose to return to India - but, it could be more difficult to enforce those obligations from India. You need to consider that in allocation of parental responsibilities the Court probably will not give you unilateral authority to take the child back to India and you will probably need the obtain court permission to do that in the future. Your husband's student loans are only one part of the overall financial picture, so it isn't possible to say how that will affect the final terms for the divorce. You need to consult an attorney to get a more informed opinion of what to expect after evaluation of all the relevant information.
Answered on Aug 05th, 2011 at 7:19 AM