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 questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.
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.
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 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.
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