Divorce Help

[thadus81]

What is the name of your state (only U.S. law)? Colorado.
I recently separated from my wife. My children and her live in arizona. We have not started papers yet but she stated that once she files I cannot take them out of state to my home in colorado is this true.

 

[Silverplum]

What is the name of your state (only U.S. law)? Colorado.
I recently separated from my wife. My children and her live in arizona. We have not started papers yet but she stated that once she files I cannot take them out of state to my home in colorado is this true.

No, it's not true. Never take legal advice from your X.

Who moved far away from the other/s?

 

[thadus81]

I moved far away.

 

[thadus81]

How can I go about getting papers started can I do it from another state. Also is there a way I can file myself without retaining an attorney I can't afford one.

 

[Silverplum]

I moved far away.

Okay.

So, she's filing for divorce in AZ? Make sure to hire an attorney to at least look over her filing to make sure you are receiving fair parenting time (including rotating holidays) and telephone/Skype time.

 

[thadus81]

Thanks a bunch

 

[thadus81]

One more question. What age can the children decide who the want to live with?

 

[ecmst12]

18. Children do not choose. Adults can choose.

 

[Silverplum]

How can I go about getting papers started can I do it from another state. Also is there a way I can file myself without retaining an attorney I can't afford one.

You can review AZ's courts website to look for forms and such. There, the forms are divided by county.

http://azcourts.gov/familylaw/DivorceParentingIssues.aspx

"az courts self help divorce" in Google = more results than I can throw at you.

Children don't choose where to live till they're 18.

 

[LdiJ]

What is the name of your state (only U.S. law)? Colorado.
I recently separated from my wife. My children and her live in arizona. We have not started papers yet but she stated that once she files I cannot take them out of state to my home in colorado is this true.

I am going to give slightly different advice than you have received so far.

You are not going to be able to MOVE the children to your new state without the permission of your wife or the courts. Its also possible that temporarily you would be prohibited from taking the children to Colorado.

However, ultimately you will get visitation/parenting time in your home state on a long distance schedule. You just might have to wait a short time for that to happen.

The judge is going to want to make sure that you do not remove the children from the jurisdiction until at least temporary orders have been made...and maybe until final orders are made. It all depends on the judge and the overall circumstances of your case.