Legal Question in Family Law in Colorado
Woman's husband moved to Texas three years ago, moved in with another woman, had a child with this other woman. He Refused divorce to wife, no support for two sons. Wife is afraid to lose property, custody, so hasn't filed in Colorado for divorce. Can she be assured of favorable decision if she files?
1 Answer from Attorneys
No. She cannot be "assured of a favorable decision". First, she has to understand that the judge doesn't care who her husband has been sleeping with. It is not an issue in a divorce case. Divorce is a no-fault process. Her rights will depend on all of the circumstances and will depend in part on what she and her husband each ask the court for. However, sitting around for another few years is not guaranteed to improve her situation so she should quit procrastinating and get her marriage over with.
The husband doesn't have to agree to a divorce - if the wife wants one she needs to file.
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