Is there a certain amount of time you have to wait to file for divorce if you have a child?

UPDATED: Jul 25, 2011

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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