Out of State Separation

This is kind of a 2 part question, if I file for divorce but my ex (common law) moved out of state with kid what happens with divorce and custody if i chose to have 50/50?

If your wife and child have been out of state for 6 months or more, Colorado may not have jurisdiction over the custody issues, and you may have to litigate that in the other state. Colorado would most likely still have jurisdiction over the marriage but it depends on how long you both were in Colorado, and whether or not you lived here as a married couple.

Rights During Separation

If my husband of 18 years and I separate, does he have the right to date and have sex with other women during this timeframe?

Yes.

Domestic Issues and Protection for the Future

My wife left and went back to NJ to get some space with my 3 1/2 month old daughter a week and a half ago. This was unexpected and not normal. She claims that she needs some time apart. I do not want to file for legal seperation or divorce. My wife claims she wants our marrage to work. I want to see both her and my daughter. She is claiming that I am a very negative person and I am verbally abusing her. She claims to be scared of me. I have never physicaly or verbally abused her. She does not like Colorado and she does not want to live here. I have a career, friends and a life here. I agreed to move back to the east coast but not until this fall. I think she is making me look like the bad guy so she has an excuse to leave CO. I guess she could not wait for the fall! What do I do to protect myself now and if she decides not to come back? I do not want to make things worse than they already are. I would like to work things out in the most friendly and non-legal way as possible. This is a very stressful situation. Please help. Thank you, Andrew

If your wife is living in NJ, you need to file an action in Colorado for either Legal Separation or Divorce. After she’s been in NJ for 6 months, if not sooner for various reasons, the NJ court will have jurisdiction over your daughter and you will have no choice but to defend in NJ. You need a court order now from the state of Colorado before too much time goes by.

Options When Pursuing Legal Separation

If I file for legal separation and change my mind, can I drop it or convert it to a divorce?

Yes, to both questions.

Legal Separation

What does legal separation mean?

Legal Separation is when a court issues an actual document called a Separation Agreement which divides all assets, debts, awards maintenance if appropriate, and deals with any custody, child support visitation issues. A Legal Separation resolves all financial and legal issues between the parties, but in the end you are still married.

Co-Habitation and Legal Separation

Can I file for legal separation although I remain living with my wife due to financial constraints?

Yes, absolutely. You can file for legal separation or divorce even though you are still living together. In fact, you can obtain a decree of legal separation or divorce and continue to live together if you so choose.

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