Q: Mother of my child is married Filipina, no divorce allowed there. Child is with me. Can I petition her to come here?
Her husband abandoned her over 10 years ago. She would like to come here to file for divorce since it is not allowed in the Philippines and then marry here. Is this a viable solution? If not, any suggestions?
A: Yes, it is possible. Prior to filing a divorce in Colorado, the current (Pilipino) marriage will have to be transferred to Colorado. Residency will need to be established in Colorado (permanently residing in Colorado for at least 3 months). The residency may be an issue because she will have to lawfully be in the US. If she is a US citizen or resident, this should not be a problem. If she only has a visa, it might not qualify if the residency term is not long enough (a lawyer will have to do some research to give a definitive answer). For specific planning contact a family law attorney.
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