My husband and I were married in Texas. I now live in Colorado, and he lives in Minnesota half of the year and Canada the other half. If I serve him the divorce papers in Colorado, which state laws regarding divorce, property, assets, etc. apply to our case...Texas, Colorado, Minnesota, or Canada?
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State Divorce Laws
- Thread starter damore
- Start date
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fairisfair
Senior Member
you have yet to answer a question posed to you on another of your threads, what does your common law agreement contain?
So you are wanting to file a divorce in Colorado (assuming that you have met the requirements to file in CO) and are divorcing due to a common law marriage that you purport to have met the requirements of in Texas.
Lady, you really need an attorney. This is far too complicated for you to rely on help from the internet.
She was also answered, with statute quote in this thread:
https://forum.freeadvice.com/showthread.php?p=1695829#post1695829
Poster evidentally wants the divorce granted in CO, which was never the marital residence and where STBX doesn't and didn't reside, and somehow have CO grant her alimony.
Oh, and about going and finding the statute for you and answering your question there,
You're Welcome.
https://forum.freeadvice.com/showthread.php?p=1695829#post1695829
Poster evidentally wants the divorce granted in CO, which was never the marital residence and where STBX doesn't and didn't reside, and somehow have CO grant her alimony.
Oh, and about going and finding the statute for you and answering your question there,
You're Welcome.
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I apologize for neglecting to thank you. For some reason I thought you had replied to my other post under the heading "Marriage, Domestic Partnerships and Other Family Law Matters," where I did thank everyone for their replies. I do appreciate the time and advice everyone has given me. Thank you for looking up that statute for me. Please don't get angry at me. I completely understand that I need an attorney for my complicated situation. But like I said in my other post, I am a full-time student and have a very limited budget. I know nothing about divorce and sincerely want to learn, to make sure I know what I am getting myself into before I hire an attorney. Also, I am not even sure I have a case. My only intention on this forum is to understand if I am truely married and which state laws apply to me, now that I have lived in Colorado for a year. Once I know the laws, then I can make a knowledgable decision on whether to take out a loan for an attorney or just forget about the whole thing. I'm not trying to be greedy, but if you had right to assets and didn't pursue them, wouldn't that be foolish? I just don't want to kick myself years down the road, if I don't pursue it, if in fact I am truely entitled to something.
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Common-Law Agreement
It doesn't say anything about spousal support, that is just something an attorney that I had a consultation with said I should try to get. I now think that is unreasonable due to the duration of our marriage. I think the term for what I am entitled to is equitable division of property?
The common-law agreement that was signed and notarized states:
I and my spouse agree as follows:
1. That we have been living together since January 2003 and plan to do so indefinetly.
2. That while we are living together, all income earned, and all health and welfare benefits received by either person, whether real or personal, belong in equal shares to both.
3. Should either of us inherit or be given property, it belongs absolutely to the person receiving the inheritance or gift.
4. That the monthly expenses for rent, food, household utilities and upkeep and joint recreation shall be shared equally.
5. That should we separate, neither has any claim for money or property except that which is incurred jointly.
6. That this agreement replaces any and all prior agreements, whether written or oral, and can only be added to or changed by a subsequent written agreement.
7. If a court finds any portion of this contract to be illegal or otherwise unenforceable, the remainder of the contract is still in full force.
8. That any dispute arising out of this agreement shall be mediated by a third person mutually acceptable to both of us. The mediator's role shall be able to help us arrive at a solution, not to impose one on us. If good faith efforts to arrive at our own solution with the help of a mediator prove to be fruitless, either may make a written request to the other that the dispute be arbitrated.
It doesn't say anything about spousal support, that is just something an attorney that I had a consultation with said I should try to get. I now think that is unreasonable due to the duration of our marriage. I think the term for what I am entitled to is equitable division of property?
The common-law agreement that was signed and notarized states:
I and my spouse agree as follows:
1. That we have been living together since January 2003 and plan to do so indefinetly.
2. That while we are living together, all income earned, and all health and welfare benefits received by either person, whether real or personal, belong in equal shares to both.
3. Should either of us inherit or be given property, it belongs absolutely to the person receiving the inheritance or gift.
4. That the monthly expenses for rent, food, household utilities and upkeep and joint recreation shall be shared equally.
5. That should we separate, neither has any claim for money or property except that which is incurred jointly.
6. That this agreement replaces any and all prior agreements, whether written or oral, and can only be added to or changed by a subsequent written agreement.
7. If a court finds any portion of this contract to be illegal or otherwise unenforceable, the remainder of the contract is still in full force.
8. That any dispute arising out of this agreement shall be mediated by a third person mutually acceptable to both of us. The mediator's role shall be able to help us arrive at a solution, not to impose one on us. If good faith efforts to arrive at our own solution with the help of a mediator prove to be fruitless, either may make a written request to the other that the dispute be arbitrated.
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If you think spousal support is unreasonable, then don't file for it. (And not just because of Bali's favorite refrain. I do wish he'd pick some other tune to sing, just for novelty's sake.)
Because if you were to file for it, you would absolutely have to file in the correct jurisdiction. Filing in the wrong jurisdiction can be a very, very, very expensive mistake to make for both parties, and it makes negotiations more difficult.
Property distribution is going to be all screwy. If STBX doesn't have minimum contacts with CO, CO can only issue orders that stop at the state line, as well as decide your marital status. Anything else is beyond the court's power, unless your STBX consents to the court exercising its power. Rule of thumb: Don't count on STBX consenting, unless STBX finds it to their advantage to do so.
MN (but only if they allow non-residents to file against residents. Some states allow this, some don't.) might be able to issue useful orders over everything. Hard to tell w/o more details, and IMNSHO, your time is best compiling everything for your attorney, who can tell you what needs to be filed where. (You may need to talk to an MN attorney or a Canadian attorney, as well.)
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