Legal Question in Family Law in Colorado
colorado laws regarding divorce moving out of state or change of venue
A friend of mine lives in colorado and was told by an attorney that she cant leave the state of colorado if she is wanting to file a divorce, that the colorado court system would demand that she return. There is one small child involved and her husband is currently living in a south western state. she would like to move back to iowa and file for a divorce (she knows of the 6 mo residency requirement) her daughter has medical issues and she needs the support of her family to help her out. Can she legally move to iowa and file here in 6 mo? or would it be better to file right away in Colorado and then request a change of venue? Thank you for your time!!
1 Answer from Attorneys
Re: colorado laws regarding divorce moving out of state or change of venue
Your friend can file for divorce in Colorado and request that she be allowed to move with the child to Iowa. However, she'd have to stay in Colorado until the Judge granted her request. There's nothing preventing her from moving to Iowa and waiting out the six month requirement, however it's possible that the husband could file for divorce in Colorado during those six months and request that the child be returned to Colorado, or possibly file for divorce in the state he's living in. If she wants to get matters moving along right away, she should probably go ahead and file in Colorado and request permission from the court to move to Iowa.
Hope this helps!
Christine C. Nierenz, Esq.
THE HARRIS LAW FIRM, P.C.
1125 17th Street, Suite 1820
Denver, CO 80202
tel: (303) 299-9484
fax: (303) 299-9554
www.harrisfamilylaw.com
www.coloradodivorceinfo.com
Referrals always welcomed.
DISCLAIMER: No attorney - client relationship exists, or is in any way created by, this e-mail communication. The general information given is intended to be a starting point only by describing general aspects of the law - it is important that you consult with an attorney with regard to your specific legal rights.
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