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-   -   Divorce Laws for British Citizens in Colorado? (https://britishexpats.com/forum/usa-57/divorce-laws-british-citizens-colorado-390014/)

Paint Aug 11th 2006 1:31 pm

Divorce Laws for British Citizens in Colorado?
 
I need some advice - my husband has announced he wants a divorce and has already started proceedings. He had an affair 5 years ago, and I suspect that he is having another one. He has told me that Colorado is a 'no fault' state with equitable division of property. What is worrying me the most is that he says that our 2 kids (both British Citizens too) will become wards of court for 6 months, and I will never be able to return to live in England, or even move to another state, unless I leave the children behind. He says that this applies until the Children become adults. He does say that I can take the kids away for a vacation - but only with his permission.

I can find no help with this in the library, and cannot afford a lawyer.

He is going to share the property 50:50, but he says that he only has to pay me child support and not any alimony of any kind. He earns 125,000 a year, I have just qualified as a nurse and will be earning less than 40,000 a year - even with the child support he has offered, our standard of living will drop very considerably.

Help - I don't want to be a prisoner in a country that I didn't want to move to in the first place...

We all have green cards, none of us are American Citizens.

Thanks...

FlyergirlUK Aug 11th 2006 1:40 pm

Re: Divorce Laws for British Citizens in Colorado?
 
Start here.

Good luck with getting this sorted.

Manc Aug 11th 2006 1:46 pm

Re: Divorce Laws for British Citizens in Colorado?
 
Why are you believing him and all of what he says?

get a lawyer and know the score for yourself.

Chorlton Aug 11th 2006 1:47 pm

Re: Divorce Laws for British Citizens in Colorado?
 
and this:
http://www.divorcesupport.com/divorc...-Laws-444.html

Chorlton Aug 11th 2006 1:48 pm

Re: Divorce Laws for British Citizens in Colorado?
 

Originally Posted by Chorlton

oops same link!

meant to post this:
http://www.divorcenet.com/states/colorado/cofaq06/view

Good luck :(

Mrs Danvers Aug 11th 2006 1:48 pm

Re: Divorce Laws for British Citizens in Colorado?
 
Look in the phone book for divorce lawyers. Many initial consultations are free.

Find out for yourself. Don't believe him. He is divorcing you and therefore will be giving a lot of cock and bull.

Celsius Aug 11th 2006 1:50 pm

Re: Divorce Laws for British Citizens in Colorado?
 
Do any local educational institutions law departments offer pro bono consultations? Look into that.

Sarah Aug 11th 2006 1:53 pm

Re: Divorce Laws for British Citizens in Colorado?
 

Originally Posted by Paint
I need some advice - my husband has announced he wants a divorce and has already started proceedings. He had an affair 5 years ago, and I suspect that he is having another one. He has told me that Colorado is a 'no fault' state with equitable division of property. What is worrying me the most is that he says that our 2 kids (both British Citizens too) will become wards of court for 6 months, and I will never be able to return to live in England, or even move to another state, unless I leave the children behind. He says that this applies until the Children become adults. He does say that I can take the kids away for a vacation - but only with his permission.

I can find no help with this in the library, and cannot afford a lawyer.

He is going to share the property 50:50, but he says that he only has to pay me child support and not any alimony of any kind. He earns 125,000 a year, I have just qualified as a nurse and will be earning less than 40,000 a year - even with the child support he has offered, our standard of living will drop very considerably.

Help - I don't want to be a prisoner in a country that I didn't want to move to in the first place...

We all have green cards, none of us are American Citizens.

Thanks...

You are going through something horrible and very traumatic and I wish I could offer you more help and advice. I truly hope you get some decent legal advice and support, there must be other ways to get a lawyer, you can't be the first woman unable to afford one, there must be legal aid of some kind?

His claims that he doesn't have to pay alimony and that you aren't allowed to fart without his permission smell like bullshit to me. Sounds like he's doing his best to control a situation where he knows he is being the bad guy and yet wants to come out of it being able to do exactly what he wants, when he wants, and who he wants to do it with while you're stuck.
http://womansdivorce.com/divorce-links.html
http://www.cultureofgiving.org/nonprofit.cfm?npid=622

dan_alford Aug 11th 2006 2:01 pm

Re: Divorce Laws for British Citizens in Colorado?
 
Seeing as you and the kids are British citizens and you don't want to be left alone in the USA I would also contact the British consulate for advice. You shouldn't be forced to stay in a country against your will. They can probably help you on the international aspects of the case.

blaze Aug 11th 2006 2:13 pm

Re: Divorce Laws for British Citizens in Colorado?
 
[QUOTE=dan_alford]Seeing as you and the kids are British citizens and you don't want to be left alone in the USA I would also contact the British consulate for advice. You shouldn't be forced to stay in a country against your will.




I don't know the legal aspects of this but if the husband is not an American citizen then how would he be able to make the kids stay in America? That doesn't sound right to me somehow. To the OP, definately seek your own legal counsel, something doesn't sound right at all, and good luck to you. :)

Leslie Aug 11th 2006 2:16 pm

Re: Divorce Laws for British Citizens in Colorado?
 
Some of that may be true ..... some of it is definitely hogwash.

Hire a lawyer - most lawyers offer the initial consultation at no charge. You may not be entitled to "alimony" but any state will allow for a divorce "settlement". The lawyer can take their fees out of the "settlement".

With the browbeating and that load of cock-n-bull he's feeding you - you have a good case for psychological abuse not to mention adultery x 2. Make sure you hire a lawyer (check their credentials and ask for referrals from friends) that specializes in divorce - they'll have a private investigator on the payroll and they call follow him around and catch him at whatever he's up to.

Don't breathe a word of this to him or your kids (they may let something slip) or anybody else for that matter - the element of surprise will work in your favor. He thinks you are a weak, naive foreigner - prove him wrong.

Good luck. I'm sorry for your situation but you are better off without that SOB. At the end of the day your "standard of living" may go down but your "quality of life" will skyrocket. :)

Rant over.


Originally Posted by Paint
I need some advice - my husband has announced he wants a divorce and has already started proceedings. He had an affair 5 years ago, and I suspect that he is having another one. He has told me that Colorado is a 'no fault' state with equitable division of property. What is worrying me the most is that he says that our 2 kids (both British Citizens too) will become wards of court for 6 months, and I will never be able to return to live in England, or even move to another state, unless I leave the children behind. He says that this applies until the Children become adults. He does say that I can take the kids away for a vacation - but only with his permission.

I can find no help with this in the library, and cannot afford a lawyer.

He is going to share the property 50:50, but he says that he only has to pay me child support and not any alimony of any kind. He earns 125,000 a year, I have just qualified as a nurse and will be earning less than 40,000 a year - even with the child support he has offered, our standard of living will drop very considerably.

Help - I don't want to be a prisoner in a country that I didn't want to move to in the first place...

We all have green cards, none of us are American Citizens.

Thanks...


ironporer Aug 11th 2006 3:28 pm

Re: Divorce Laws for British Citizens in Colorado?
 

Originally Posted by Leslie66
Some of that may be true ..... some of it is definitely hogwash.

Hire a lawyer - most lawyers offer the initial consultation at no charge. You may not be entitled to "alimony" but any state will allow for a divorce "settlement". The lawyer can take their fees out of the "settlement".

With the browbeating and that load of cock-n-bull he's feeding you - you have a good case for psychological abuse not to mention adultery x 2. Make sure you hire a lawyer (check their credentials and ask for referrals from friends) that specializes in divorce - they'll have a private investigator on the payroll and they call follow him around and catch him at whatever he's up to.

Don't breathe a word of this to him or your kids (they may let something slip) or anybody else for that matter - the element of surprise will work in your favor. He thinks you are a weak, naive foreigner - prove him wrong.

Good luck. I'm sorry for your situation but you are better off without that SOB. At the end of the day your "standard of living" may go down but your "quality of life" will skyrocket. :)

Rant over.

One other thing- if you can not afford an attorney out of 'your' pocket, most courst will order him to pay it out of 'his' or 'yours plural'. I had to pay for my ex wife's attorney (which I always thought was bullshlt)- even to the extent that the SOB put a lein on my house for the amount!!

Leslie Aug 11th 2006 4:36 pm

Re: Divorce Laws for British Citizens in Colorado?
 

Originally Posted by ironporer
One other thing- if you can not afford an attorney out of 'your' pocket, most courst will order him to pay it out of 'his' or 'yours plural'. I had to pay for my ex wife's attorney (which I always thought was bullshlt)- even to the extent that the SOB put a lein on my house for the amount!!

Good point.

The truth of the matter is this:

All of the marital assets and income belong to both of them until the divorce is final.

PS - I'm not just saying these things because she's a woman. I would give the same advice to a man (especially a legal immigrant who is probably overwhelmed by an unfamiliar court system) who was getting the shaft.

scrubbedexpat099 Aug 11th 2006 5:42 pm

Re: Divorce Laws for British Citizens in Colorado?
 
You certainly have to pay child support, alimony is an individual issue.

Friend of mine just went through the process, trying to remember wahat his legal fees were, I think he put down $1,000.

But they sorted everything out eventually, once he had the restraining order released, bad start, OK finish.

Paint Aug 11th 2006 5:49 pm

Re: Divorce Laws for British Citizens in Colorado?
 
Thanks - I will see if I can find a free consultation with a lawyer, and contact the British Embassy for advice. I'll also look at the websites you posted.

Thanks again,
Paint


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