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 10 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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