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Can one file a divorce in colorado for a marriage that was performed in New York

2007-12-31 02:10:31 · 13 answers · asked by voodoo 2 in Family & Relationships Marriage & Divorce

13 answers

Your divorce is done in the state and city you live in when you get the divorce. Where you married has nothing to do with it.

2007-12-31 02:13:43 · answer #1 · answered by Soundless 6 · 1 0

u can file in timbucktu if thats where u live...its where u r living that u file, not where u were married.
if this is what u really wanna do and reconcilliation is not a possibility, just contact a divorce atty in ur area and start the process.

2007-12-31 14:18:47 · answer #2 · answered by junkyarddogfan 6 · 0 0

If your spouse lives in New York, you can have a no-fault divorce by filing paperwork with the county court and publishing in the newspaper requesting the response of the spouse to the appropriate county judge. You also send a certified mail containing the divorce paperwork that requires a signature to the last known address from your true and legal address. Maintain the receipt.

After a certain amount of time, the spouse doesn't show up to sign the paperwork, or you get no response back from the certified mail (either a signature on the card or signed paperwork), you are officially divorced. This is if you think the spouse won't be cooperative and you know he/she won't read the ads in the newspaper.

Otherwise, send the no-fault divorce paperwork to your spouse for a signature. Upon signing and returning to you, the divorce is final. You then file the completed paperwork with the judge in the county you were married. You bear the entire cost of divorce in this manner. However, be sure that New York isn't a commonwealth state, and that you didn't own property together in the event of a dispute. Children will cause a problem, particularly if you are running from your responsibilities. If this is the case, then I suggest you square your shoulders and take care of business.

You cannot file for no-fault divorce if you know the address of your spouse, the spouse is mentally capable of making decisions, or if you're concealing your address. The spouse has a legal right to respond to your honest attempts to contact him/her.

If you are together in Colorado, you can each get lawyers and get divorced in Colorado. However, if there is property and children involved, I suggest you get a lawyer.

2007-12-31 10:42:39 · answer #3 · answered by Anonymous · 0 0

It doesn't matter where the marriage was filed, what matters is where you live. You have to have established residency first, so you do need to find out what those requirements are. For most states, it's 6 months, then you can file.

2007-12-31 10:21:01 · answer #4 · answered by ninadeenero 2 · 0 0

Absolutely. I got married in NY and divorced in CO. No problem. And the good news, is that in CO the separation period is a fraction of what it is in NY. If you file the separation papers now, the divorce will be final in 6 months!

I used a mediator who works up in Boulder (the geography doesn't matter). I think I can find her contact info if you're interested, just email me. Good luck.

2007-12-31 10:20:38 · answer #5 · answered by Q-mama 6 · 0 0

You file for the divorce in the state which you reside.

So even if your spouse were to move back to NY, if YOU file in the state of CO, then your spouse would have to find a lawyer in CO to work for her.

Did that make sense?

2007-12-31 10:17:53 · answer #6 · answered by Ella 7 · 0 0

Yes. If you meet the residency requirements for Colorado, then you can get a divorce there.

2007-12-31 10:17:08 · answer #7 · answered by Invisigoth 7 · 0 0

it best to file where u were married at some states have different laws it best to do it where it took place just in case you are trying to get coll orate.

2007-12-31 10:14:56 · answer #8 · answered by tina s 1 · 0 3

Yes, if you meet that state's residency laws. For example, TX requires that you have lived in their state for 6 months before you could file for a divorce under Texas law. At least it was this way when I divorced my husband 16 years ago.

2007-12-31 10:14:53 · answer #9 · answered by flyinghighfreebird 4 · 1 0

Yes you file in the state you are currently living in.

2007-12-31 10:14:36 · answer #10 · answered by Tammy 4 · 1 0

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