Pueblo, CO Divorce Law Firms & Lawyers

The ability to file in Colorado for the divorce part requires that one of the parties be a legal resident of Colorado for 90 days prior to the filing. For the child custody issues, the children will have to have been living in Colorado for at least 6 months before anything is filed, regardless of whether you can file for divorce in Colorado. If your husband files in the state where you and the children are currently residing that state will obtain and retain exclusive jurisdiction to resolve the parenting issues unless he allows you to move and doesn't file anything sooner than 6 months after you leave.

In Ohio, the only fault that matters in divorce is economic fault. If you spent money on the person you cheated with, that can be used to reduce your share of the marital assets. Otherwise you are still entitled to an equitable share of the marital assets.

Your problem is a more complicated legal question than can be answered in this forum. An attorney with all the exact facts will need to research the law to confirm the actual status of your situation. Basically, until you were divorced you could not enter into a valid marriage with someone else. The issue here appears to be when were you actually divorced and what was the effect of getting the marriage license before the divorce was final. The wedding itself did not necessarily create a marriage, but exactly what happened when may be crucial to the final answer. All things considered, however, going through with a divorce now may be the easiest & most definite way to answer the unanswered questions.