Silverthorne, CO Divorce Law Firms & Lawyers

So long as you meet the jurisdictional requirement of your court, then yes you may divorce here. The requirement for Jurisdiction in California is six months' residency.

You really need to have an in-office consultation with a divorce attorney in your area as to all of your options and whether you should file first or counter when/if your husband files. In the meantime, I would make a list of all your tangible and intangible personal property, real property, their FMV, if known, list of liabilities, if any. I would also think about the parenting plan provisions that you would want to propose. In Florida, both parties are also required to comply with the mandatory disclosure rule; therefore, it would be prudent to start collecting all those documents that must be produced per the disclosure.

The best answer to your question will depend upon certain facts which are not disclosed in your question. For example, is there substantial equity in the house (i.e. value over and above any mortgage or other liens). If so, you can protect yourself by placing a lien on the home which you would not discharge until your ex-husband pays you your money. It is important to do this as soon as possible after your divorce so that your ex-husband does not have the opportunity to take out an equity line or incur any other type of debt which becomes a lien on the property (your lien is superior to any liens that arise after you record, it is subservient to any liens that predate your filing). If there is little or no equity in the house (or at least less than 25K), are there other assets against which you could have a lien to secure your debt? If your judgment has not yet been finalized, you should make sure that there is language in it describing your lien(s). If your name is still on a mortgage, you will also want to make sure that the judgment contains consequents (immediate listing and sale) if your ex-husband defaults on the mortgage payments.