I am conditional resident, my wife quite, she went to another country how can I divorce her without her presence?

Asked over 2 years ago - Denver, CO

I would like to know what should I do? My wife apply for me for my residency I got my 2 years residence. Now she does not want to live with me anymore. she leaves the us. I don't know where to find her. How to divorce her in that case, since she is not here in the us, and me I am living in the us?

Attorney answers (3)

  1. Howard M Lewis

    Pro

    Contributor Level 20

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    Answered . I am sorry that you are going through this. If your residency is in Colorado and you have lived in Colorado for long enough to establish jurisdiction then you may file for a divorce by publication based upon whatever your local rules require and is most expeditious for you, you may file based upon abandonment if appropriate, you may not even need a reason. You should also let your immigration attorney know what you are doing and if you have the resources retain a local attny for your divorce. take good care and I hope that things get better for you and good luck to you and your family here in the US.

    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to... more
  2. Christopher Daniel Leroi

    Contributor Level 20

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    Lawyers agree

    Answered . You can file for divorce in Colorado. You will need to provide him with Notice of the Summons and Petition by publication. Publication can be accomplished by publicizing in a local newspaper in the county in which you reside - either the Denver Post or another publication - for 5 consecutive weeks. You should file a Motion requesting such service by publication stating that your spouse has left the county and you are unable to serve her personally. It would be best to consult an attorney about this for assistance.

  3. Stephen Clark Harkess

    Contributor Level 20

    5

    Lawyers agree

    Answered . If you have resided in Colorado for more than 90 days, you can file a petition for divorce. If you cannot have your wife personally served with the divorce papers, you can get permission to have her served by consolidated notice. In order to get permission, you will have to file a motion with the court and convince the judge that you have made dilligent efforts to locate and actually serve your wife. You need to contact any friends or relatives of hers that you know to see if they have a good address for her. You should also determine the last known address even if she is no longer there as notice will have to be sent to that address.

    Service by publication will give the court jurisdiction over the status of the marriage and allow the court to dissolve the marriage.

    You can reach Harkess & Salter LLC at (303) 531-5380 or info@Harkess-Salter.com. Stephen Harkess is an attorney... more

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