Hi, My husband has an apt. in TX and lives there during the workweek but is on our lease in CO and flies in every weekend. He paid taxes in TX but has a driver's license in CO. I've been told he can claim either state as his residency. We have a tween and teen who have lived in CO since Aug. 2011. So, if my husband files for divorce in Texas, where there's no alimony, before I file in CO, where there is alimony, could I have to fly to TX to divorce and not be able to get alimony? I'm wondering if I should file first so that we get divorced under CO law where alimony is a possibility. Thanks for your help!
If a filing is coming it might be best to get it started.
Issues involving the children will likely be best addressed in a Colorado court in any event since the children live in Colorado and even with simultaneous filings there is a good chance that Texas would relinquish jurisdiction to Colorado for that reason in any event. However, why take the chance? If Colorado is the most convenient forum for you, then you should get your case filed and serve your husband while he is in Colorado. Then there should be no issue.
You can reach Harkess & Salter LLC at (303) 531-5380 or info@Harkess-Salter.com. Stephen Harkess is an attorney licensed in the state and federal courts of Colorado. This answer is for general information only and does not create an attorney client relationship between Stephen Harkess or Harkess & Salter LLC and any person. You should schedule a consultation with an attorney to discuss the specifics of your legal issues.
4 lawyers agree
Lawsuit / Dispute Attorney
Texas is also a community property state and Colorado is not. There are uniform laws which allocation jurisdiction among states especially where children and child support are involved. But as, Mr. Harkens has noted, once a court accepts jurisdiction it is more difficult to transfer jurisdiction to a different state. What you really need is to consult with a good divorce lawyer who can assess your situation and determine whether Texas or Colorado is better for you.
Answering this quetion does not establish an attorney client relation. The answer is for educational purposes only. You should consult an attorney for your circumstances.
2 lawyers agree
Divorce / Separation Lawyer
I agree with the thoughts of Mr. Harkness and Mr. Thomas. If divorce is looming, get your case filed in Colorado as soon as possible. While either state could issue a divorce, Colorado is the home state of the children at this time (unless you have illegally brought them to Colorado). It is a nasty and very costly process to litigate in two jurisdictions. I also agree that it is worth your while to confer with experienced family law counsel in Texas and in Colorado. Good luck to you.
1 lawyer agrees