If I lived with my husband for about a month before leaving him due to domestic violence and child abuse, where can I file for divorce?

He is now in jail and I moved out of state. Since he still lives in the state from which I moved, can I file for divorce there?

Asked on December 17, 2015 under Family Law, Colorado


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You can file in the state where your husband lives based on his residency.   Before you do that, however, visit with a family law attorney or family law clinic to make sure that you can't file for a divorce early in your state based on the fact that you were the victim of domestic abuse.  If your current state doesn't offer this as an option, at least discuss options fo a protective order while you are waiting for the one year residency requirement to pass.

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