Q: If I file for divorce in Colorado can I finalise it from the UK?
A:
Yes and no.
If the parties are in total agreement on all property and custody matters (including granting Colorado jurisdiction over the divorce), then the location of the parties should not be an issue because a settled divorce does not have any hearings. In this situation, a lawyer is also not required.
If at least one issue is contended (no agreement), hearings, mediation, conferences, etc. must occur. For contended divorces (which does not necessarily mean a contentious/acrimonious divorce), both parties will need to be present ("appear") at the hearings. For these hearings a phone appearance should be allowed. However, you cannot appear by phone to argue a case in court (e.g. parent wants primary custody of child or house should not be included in the marital estate...).
For this reason, either the UK party will need to fly-out to Colorado on a semi-regular basis for 3-6 months OR the UK party will need to hire a lawyer based in Colorado to be present when arguing the case (the lawyer will also allow the UK party to appear by phone for all court matters--assuming court approval is granted). The lawyer can also handle all the other aspects of the divorce, but at minimum the lawyer can argue disputed matters in court.
In sum, it is possible to handle a divorce in the UK, but there may be extra costs and steps required.
1 user found this answer helpful
A: You will be able to finalize it from the UK. However, you may be required to appear in court here unless the court permits you to participate by phone. You should retain an attorney to make this process easier.
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A: The answer depends on your circumstances. If there are no kids and you all are in agreement on everything, then in theory, you should be able to finalize from the UK. If the court requires some sort of limited interaction, such as a status conference, you should be able to get permission to appear by phone. If there are issues to be argued over which necessitate a hearing before a judge, you can certainly still go to UK, but could be forced to come back for the hearing. Each case is different and more information is needed to fully assess yours. In sum, the answer is, yes, it is possible to finalize divorce from UK if circumstances are right.
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