[Cartmandream]

Hello. I'm new here, but need some divorce/family law advice.

I have been separated from my ex since September 2005. Nothing has been filed in court, but we have been separated since then. She was supposed to file for divorce, but has drug it out up until now. She's been lying to me, because I actually spoke to her attorney today and she hasn't been in contact with him for several months. So, I have decided to file myself.

I recently (2 months ago) moved to New Mexico and the ex still resides in Colorado. Can I file in New Mexico, or should I stick with Colorado since that is where I was until I moved and haven't lived in NM for very long?

Also, there is one child involved; however, the divorce should be uncontested. We have agreed on pretty much everything. She will get custody and be able to make all decisions regarding that child. With my job, visitation will be agreed upon when I am able to be in town. I currently hold medical insurance on the child and will continue to do so. I will also agree to pay child support once the courts determine the monetary amount. Aside from that, things are pretty straight forward since we have been separated and living in different households since 2005. Her bills are hers and mine are mine - we do not own or owe anything jointly.

I just need to know if I should file in Colorado and what to do if she does in fact refuse to sign the papers. Any advice would be appreciated!

[Fr_Chuck]

Actually you may be paying child support from the date of separation, so you may owe a few years of back child support if you have not already been paying.

Each state is different as to the laws on filing, in some it will be the last state of residence where you both lived as a couple, but a local attorney will let you know. And don't always expect it to be OK, esp if they have been dragging their feet.

[George_1950]

Hello. I'm new here, but need some divorce/family law advice.

I have been seperated from my ex since September 2005. Nothing has been filed in court, but we have been seperated since then. She was supposed to file for divorce, but has drug it out up until now. She's been lying to me, because I actually spoke to her attorney today and she hasn't been in contact with him for several months. So, I have decided to file myself.

I recently (2 months ago) moved to New Mexico and the ex still resides in Colorado. Can I file in New Mexico, or should I stick with Colorado since that is where I was until I moved and haven't lived in NM for very long?

You probably have not established residency in New Mexico and to the extent that you are in a hurry, should file in Colorado. Additionally, the New Mexico court will not have juridiction of the custody/child support/visitation issues.

Also, there is one child involved; however, the divorce should be uncontested. We have agreed on pretty much everything. She will get custody and be able to make all decisions regarding that child. With my job, visitation will be agreed upon when I am able to be in town. I currently hold medical insurance on the child and will continue to do so. I will also agree to pay child support once the courts determine the monetary amount. Aside from that, things are pretty straight forward since we have been seperated and living in different households since 2005. Her bills are hers and mine are mine - we do not own or owe anything jointly.

I just need to know if I should file in Colorado and what to do if she does in fact refuse to sign the papers. Any advice would be appreciated!

See answers above.