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Abandonment or Desertion Divorce Process in Colorado

Colorado is a no-fault divorce state. That means that abandonment and desertion are not grounds for seeking a divorce in Colorado. The only ground for divorce is irreconcilable differences. Consequently:

  • If one spouse wants to get divorced, the case can move forward, regardless of whether the other spouse wants to try to work things out.
  • If abandonment or desertion is an issue, someone wanting to get a divorce in Colorado may need to take some extra steps to dissolve their marriage.

The trusted family lawyers at The Cossitt Law Firm, LLC are experienced at helping people navigate the divorce process when abandonment or desertion is an issue. We understand how important it can be to get on with your life, and we’re here to help you at every step, advocating your rights and protecting your interests while we work diligently to help you achieve favorable, efficient resolutions.

Call (970) 488-1887 or email our firm for a free, 100% confidential consultation. Phone and Skype consultations are available.

How Does Divorce Work When I Can’t Locate My Spouse?

You will still file a divorce petition the same way as you would if your spouse were available. That means completing and submitting court forms and paying the filing fees. Once that’s done, you will need to serve your ex with the divorce papers. For those who cannot locate their spouse to have them served with the divorce papers, it will usually be necessary to:

  • File a request with the court to serve the other spouse via publication: With this request, the court will want to see some proof that you have taken reasonable steps to try to find and serve your ex and that those steps have not been successful.

  • Complete service by publication: This involves taking out an ad, in a newspaper of your choice, and running a notice of your divorce in that publication for the required period of time.

This will give your ex a timeline for responding to the divorce papers. If (s)he fails to file a response to your divorce petition within the set deadlines, the court may move forward to grant the divorce.

How Does Property Division Work in Divorce Involving Abandonment or Desertion?

The court will usually grant the requests detailed in the initial divorce petition when no response is filed by the deadline. This includes cases in which the other spouse:

  • Cannot be found or served in person with the divorce papers
  • Does not want the divorce and is trying to subvert the process
  • Has abandoned or deserted his or her partner

Other matters in divorce cases involving abandonment or desertion can be decided in absence of the other spouse as well. That includes protective orders, child custody orders, and more.

Can I Get Support Payments in a Divorce Involving Abandonment or Desertion?

It is generally more difficult for the courts to order a missing spouse to make support payments as part of a divorce case. Nevertheless, it may be possible to go back to court later, after you locate your ex, to modify the terms of your divorce agreement and seek support payments.

How Can I Find Out More About Divorce in Colorado?

Contact an experienced Fort Collins divorce lawyer at The Cossitt Law Firm, LLC for answers and advice about divorce in Colorado.

Call (970) 488-1887 or email our firm for a free, 100% confidential consultation. Phone and Skype consultations are available.

At The Cossitt Law Firm, LLC, our divorce attorneys have deep experience representing men and women in all types of dissolution cases, from same sex divorce and divorce involving children to high-net-worth divorce and other complicated cases. Strategic and focused, we are proud to be dedicated advocates who exclusively handle family law cases. We are also proud to partner with each of our clients, providing personal attention and unique, practical solutions to help them achieve their objectives.


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