My H and I have been working in a collaborative law divorce process for several months - the primary issue involves parenting time (I want to move out of state with our child, but my husband doesn't want our child to leave the state). I've recently learned that my spouse is consulting with a new lawyer for litigation, i.e., abandoning collab process. I have no family members and few friends in Colorado, and I want to move to a place where I have support - especially if I'm going to be drawn into a long legal battle. I'd been trying to work with spouse for fair parenting time, but he's refused to cooperate and basically abused the collab process to stall for time. No divorce papers have been filed yet - can I file for a divorce in Colorado, but from out of state, and without losing custody?
You can legally leave the state at any time before the divorce has been filed. However, unless you are able to establish residence for yourself and the children in the new state for six months before your husband files for divorce in Colorado, you can expect the divorce and child issues to be addressed in this state. If your husband has a lawyer he is almost certain to be told this.
If you move out of state and then have to defense a divorce in Colorado, you will have to return to the state to address custody and parenting time. It is not absolutely certain, but it is certainly possible, that the Judge may order the child returned to Colorado. In that case you will either have to come back or turn the child over to your husband for the majority of the parenting time.
You need to have a good family law attorney on your side and be prepared for a serious fight if you plan to move before the divorce is filed. From what you have posted, your husband isn't going to let go easily.
If you relocate with your child prior to filing for divorce after having known for several months that the issue of relocation was in dispute, be prepared for your husband to file for divorce when you leave and for a very angry judge to order you to return the child to Colorado.
You can legally move before the case is filed but its a bad idea. If you want to move, you should get the divorce filed and get the court's permission to relocate with the child on a temporary basis. The court may not grant permission but that will save you a lot of headaches later on in your case. Do it the right way.
Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.
Child custody may be physical or legal. Physical custody covers who the child lives with, and legal custody is the right to make decisions.