Penrose, CO Divorce Law Firms & Lawyers

It depends on how long you are married. If you get divorced after 6 months, chances are it will be your home. If you live together for 10 years and have a couple of kids, it may be transmuted into community property. Also, if you are still paying on the mortgage, the funds you use to pay the mortgage are community funds and half of what you pay for principle may belong to your wife even if the house does not become community property. So, if you want it clear that it is your sole and separate property regardless of what happens in the future, you do nee a pre-nuptial agreement that specifies that. It is not cheap but it may be cheaper than what you will pay in a divorce.

The ability to file in Colorado for the divorce part requires that one of the parties be a legal resident of Colorado for 90 days prior to the filing. For the child custody issues, the children will have to have been living in Colorado for at least 6 months before anything is filed, regardless of whether you can file for divorce in Colorado. If your husband files in the state where you and the children are currently residing that state will obtain and retain exclusive jurisdiction to resolve the parenting issues unless he allows you to move and doesn't file anything sooner than 6 months after you leave.

The marriage becomes the subject matter of the state the parties live in. If you otherwise meet the residency requirements to file for divorce, which in Arkansas is 60 days, you may file for your divorce here regardless of where you were married.