Legal Question in Family Law in Colorado
Ontario or Colorado divorce
Hello: I just moved to Colorado Springs 6months ago from Ontario with my family. He wants a divorce now. I have no family here. I left my job of 10years to be a stay home mom. He tried to convince the marriage counsellor that our marriage is not fixable, she wouldn't have it. What are my rights? Do I get divorced here or in Ontario. Obviously, I would move back home. Will, this be abandonment? Since I would be the one physically leaving? I really need help.
1 Answer from Attorneys
Colorado or Ontario
A married person can file for divorce in Colorado once s/he has been a resident for 6 months. Colorado is a "no-fault" state, meaning the non-petitioning party may be able to delay a divorce somewhat, but it cannot be stopped if the petitioning party is diligent. Whether you can get divorced in Ontario will depend on Ontario law. Because Colorado is "no fault," abandonment ought not be an issue, unless you are talking about leaving the kids here, in which case it might affect custody. Having given up your job, maintenance (formerly "alimony") may be an issue. The marriage counselor's opinion about the marriage will likely be irrelevant. There is not much good news in your situation.
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