Is there a certain amount of time you have to wait to file for divorce if you have a child?
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Is there a certain amount of time you have to wait to file for divorce if you have a child?
In CO.
Asked on July 25, 2011 Colorado
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
No, there is no specific amount of time one must wait to file for divorce if there are children. Children certainly are a major issue in divorce--who has custody? Visitation rights of the non-custodial parent? Who gets to keep the home the children were living in? Child support, including provision of health insurance, savings for college, etc.--but they don't actually affect when (or, for that matter) whether one member of the couple can file for divorce. If you have a child and you are contemplating divorce (or are aware that your spouse is doing so), you should speak with a family or matrimonial law attorney now, to discuss the ramifications for both the child(ren) and for yourself. Good luck.
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