If my husband is getting deported this week andI want a divorce, how do I do it?

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If my husband is getting deported this week andI want a divorce, how do I do it?

I have been married to my husband for 3 years now. I didn’t know when I married him that his legal papers weren’t good here. Now my he is incarcerated and is going to be deported. I want a divorce. I didn’t know his legal status here in the US and I want out. What do I do? I think he is going to get deported this week back to Mexico.

Asked on November 14, 2011 under Family Law, Colorado

Answers:

Jerry Garling / The Garling Law Firm, LLC

Answered 10 years ago | Contributor

You can file for a divorce in Coorado if you have been domiciled in Colorado at least 90 days.  If you can file and serve your husband with a divorce petition prior to his deportation the court can resolve all issues in the divorce.  If he is deported prior to being served the courts can disolve the marriage but may be limited as to orders it can issue directed at your husband such as for spousal maintenance or division of marital property. 


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