Jurisdiction for Divorce and Paternity Test
I live in Colorado. My wife lives in California. I want a divorce and a paternity test. Can I file for divorce and a paternity test in Colorado?
That depends on the following:
For divorce, if you and your wife lived in Colorado as a married couple, and you have lived here for the past 90 days, you can file for divorce in Colorado. If you are able to file for divorce in Colorado, custody would also be an issue in Colorado, and you could request a paternity test as part of the divorce action.
If you and your wife have not lived in Colorado as a married couple, but have lived in California as a married couple, and your wife meets the residency requirement of that state, you could possibly file in California. You'd have to talk to an attorney licensed in California to confirm.
For paternity, as stated above, if you are able to file for divorce in Colorado, you could raise the issue of paternity as well in this state. If you can't file for divorce in Colorado, you could still file a Paternity action in Colorado, if the child lives in this state or if the child previously lived in this state within the last 6 months.
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