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TJ, Esq.
TJ, Esq., Attorney
Category: Bankruptcy Law
Satisfied Customers: 12172
Experience:  JD, MBA
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I live in Arizona. My husband and I are seperating and I am

Customer Question

I live in Arizona. My husband and I are seperating and I am moving back to Colorado. What proof of seperation and proof of residence do I need to file bankruptcy in Colorado?
Submitted: 8 years ago.
Category: Bankruptcy Law
Expert:  TJ, Esq. replied 8 years ago.

Hello and thank you for allowing me the opportunity to assist you.

Question: “What proof of seperation and proof of residence do I need to file bankruptcy in Colorado?”

Answer: You don’t need any kind of proof of separation since you can file for bankruptcy separately even if you’re happily married. Also, you can file for bankruptcy immediately upon moving to Colorado if you wish. However, you won’t be able to use Colorado’s exemptions … instead, you’ll have to use Arizona exemptions (assuming you lived there long enough). In order to prevent debtors from “shopping” for the best exemptions by moving to debtor friendly states just prior to filing for bankruptcy, the federal law basically states that you must use the exemptions in the state where you lived in the 6 month period from 2.5 years ago to 2 years ago. If that is Arizona, then you must use Arizona exemptions.

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DISCLAIMER: Please understand that the complexities of most legal problems cannot be adequately addressed in this setting, and that I am only licensed to practice law in the State of Maryland. Accordingly, by continuing in this discussion and/or by “accepting” my answer you acknowledge that (1) we have not formed an attorney-client relationship, (2) my answer is general information only and is not legal advice, and (3) you should not rely on my answer in undertaking any course of action without first consulting with an attorney in person who can review all relevant facts.

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Customer: replied 8 years ago.

I moved to Arizona in January from Colorado after living there for 29 years so I assume it will be Colorado exemptions. My one concern is to file seperately including assets in Colorado because it is a friendly split with my husband and I want to make sure his assets are safe. From what I have heard it is true becuase Colorado is not a community property state. I just don't know what proof of residency I need for Colorado, such as a drivers license?

Expert:  TJ, Esq. replied 8 years ago.
A drivers license will help establish your residency, but it may not be enough to argue that marital property should be divided via Colorado law. Will your husband continue living in Arizona? Where will the divorce take place? The answer to those questions will probably deterimine which law to use.