Family Law, Divorce, Custody and Child Support Attorneys in Colorado Springs, Colorado

Where to file for divorce or legal separation.

Jason A. Márquez, Colorado Family Law Attorney

After seven years, the wife of Shaquille O’Neal calls it quits.  Shaunie O’Neal is seeking a legal separation and ultimately a divorce.  She moved to Los Angeles from Florida in hopes of getting a more favorable child and spousal support order.  This story raises two questions:  1.  Should I file for a legal separation or divorce?  and 2.  Where should I file for divorce?

People generally seek legal separation for a couple of primary reasons.  The first reason is for health insurance purposes.  Often an individual with pre-existing conditions cannot get health insurance if dropped from the spouse’s policy after a divorce.  However, legal separation may permit them to remain on their spouse’s policy.  Another reason is for religious purposes.  For example, divorce is not favored in the Catholic church, however, legal separation is generally accepted.  Whatever the reason, the parties cannot remarry without converting the legal separation into divorce, which  can be done after six months from the Decree of Legal Separation in Colorado.

A party can generally file their Petition for Dissolution in any District Court in the State of Colorado.  However, it is generally preferred to file in the district court in which one or both of the parties reside.  When a Petition is filed, a new case is opened and assigned to a judge according to that particular districts internal policy (i.e. even/odd case numbers, availability, etc.).  Although the general procedure for adjudicating domestic cases is established by state law, each court, and even each judge, has their own style and often interpretation of the rules.  Therefore, it may be beneficial to your case to carefully select the court in which you file.  However, I wouldn’t embark on drastic measures without sound legal advice. 

 Read more about Shaq’s story at http://www.telegraph.co.uk/news/newstopics/celebritynews/6541135/Shaquille-ONeals-wife-files-for-divorce.html.

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