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I have been separated for almost 5 years. I live in CO she lives in TX. Can I file for divorce from my spouse who lives out-of-state on my own? We do not speak at all.
Feb 12, 2016
Family Law
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Bill HenryFounding Partner | 18 years of experience
Profile Picture of Attorney Bill Henry
Profile Picture of Attorney Bill Henry
Bill HenryFounding Partner 18 years of experience

Yes you can! I would typically recommend doing so and getting her served with the petition as soon as possible. However, there are some questions about proper venue which could tone down this response. For example, if you two married in Colorado and she moved away versus the other way around, there could be a battle over appropriate venue for the litigation which could require resolution by a judge. Even so, it’s better to be the first to file regardless. If you could have her served with the petition in Colorado or sign on to the Colorado petition for dissolution with you, it would be even better. We would be happy to meet with you to discuss the process and benefits of taking action based upon further facts you might be able to provide at our meeting.

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