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Colorado Family Law Questions & Answers
1 Answer | Asked in Family Law for Colorado on
Q: limited scope lawyers

I am the petitioner in the case; Can an attorney for the other party send me emails about matters even though she has withdrew from the case months before? Can she also draft paper work for the other party who is now pro se, without entering into the case again? When confronted about her no longer... View More

Sabra M. Janko
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answered on Apr 7, 2024

She might be representing the client in a limited scope capacity in which case she could communicate with you. If she is working in a limited scope capacity, she does not have to enter an appearance depending on whether she is representing in court or not. Though she should disclose to you if she... View More

2 Answers | Asked in Divorce, Family Law and Tax Law for Colorado on
Q: my ex-wife claimed all the children as dependents on her tax return.

she is also in contempt of virtually every part of our separation agreement. she has not paid child support, not given me back my belongings, does not follow the parenting schedule, and does not provide the insurance for the children she claimed she would

Christopher N. Little
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Christopher N. Little
answered on Apr 2, 2024

Good Morning,

I am very sorry to hear of your circumstances and know that it can be an incredibly difficult and frustrating experience when an ex-spouse does not follow Court Orders. It sounds like you have several issues going on, including: tax, parenting time, insurance, etc....
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2 Answers | Asked in Divorce, Family Law and Tax Law for Colorado on
Q: my ex-wife claimed all the children as dependents on her tax return.

she is also in contempt of virtually every part of our separation agreement. she has not paid child support, not given me back my belongings, does not follow the parenting schedule, and does not provide the insurance for the children she claimed she would

James L. Arrasmith
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answered on Apr 2, 2024

I'm sorry to hear about the difficult situation with your ex-wife not following the terms of your separation agreement. It sounds very frustrating, especially if she has claimed the children as dependents on her taxes despite not fulfilling her obligations. Here are a few thoughts and... View More

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2 Answers | Asked in Divorce and Family Law for Colorado on
Q: Is it beneficial to separate assets prior to dissolution of marriage? We have agreed to who gets what - house & car

Ex spouse and I are looking to file for a dissolution of marriage in Colorado. We separated in September and already separated our bank accounts and all property other than the house we lived in and the car we shared (both currently in both our names). Are the proceedings quicker if we transfer the... View More

Christopher N. Little
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Christopher N. Little
answered on Apr 1, 2024

Good Afternoon,

You ask an excellent question. First, let me say that I am very sorry to hear that you are going through tough times. In most folks' lives, the divorce process is fraught with fear and uncertainty. Let me reassure you, this too shall pass and there is an "other...
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2 Answers | Asked in Divorce and Family Law for Colorado on
Q: Is it beneficial to separate assets prior to dissolution of marriage? We have agreed to who gets what - house & car

Ex spouse and I are looking to file for a dissolution of marriage in Colorado. We separated in September and already separated our bank accounts and all property other than the house we lived in and the car we shared (both currently in both our names). Are the proceedings quicker if we transfer the... View More

Steven  Visser
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Steven Visser
answered on Apr 1, 2024

The divorce proceedings will not necessarily be any quicker simply because the two of you have already transferred and / or divided assets. You can certainly take some actions to help move things along such as filing the case together, i.e. Petitioner and Co-Petitioner. Both of you will still... View More

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2 Answers | Asked in Divorce and Family Law for Colorado on
Q: My wife wants a divorce and "agrees" to split everything 50/50. Are we legally obligated to have a lawyer?
Christopher N. Little
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Christopher N. Little
answered on Mar 2, 2024

Good question, under Colorado Domestic Relations law, there is no default/affirmative legal obligation to have an attorney represent you in the matter. By the default rules, you are legally permitted to represent yourself. Knowing that the law is complex and self-representation can be a risky... View More

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2 Answers | Asked in Divorce and Family Law for Colorado on
Q: My wife wants a divorce and "agrees" to split everything 50/50. Are we legally obligated to have a lawyer?
Michael Joseph Larranaga
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answered on Mar 8, 2024

No, although it may be a bad idea.

I believe the Colorado Supreme court just approved a rule regarding licensed Legal Paraprofessionals. I am not sure if it has taken effect yet but it has been a highly contested item. You should look into what they can and can't do. If I recall, they...
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1 Answer | Asked in Family Law, Immigration Law, Estate Planning and Probate for Colorado on
Q: I would like to know if I have the right of anything in my father's belongings

I am a US citizen my mother was a US citizen she gave my father his papers they are divorced my mother's deceased my father has another marriage with his wife and three other children his wife is from Mexico I believe she might be a resident I don't know my sisters are from here do I have... View More

James L. Arrasmith
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answered on Feb 26, 2024

In matters of inheritance and rights to a deceased parent's belongings, your citizenship status and the circumstances of your parents' marriage and divorce generally do not directly affect your entitlements. If your father passes away without a will (intestate), the laws of the state... View More

1 Answer | Asked in Divorce, Family Law, Immigration Law and Child Support for Colorado on
Q: Can I still get my children's dad which is still my husband for alimony and for child support

After 8 years they were taken out of my custody and given to my stepmom but during the time I did get tanf for them they were in my custody and I still have not divorced but he has had another family and another child and still married to me

James L. Arrasmith
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answered on Feb 26, 2024

In your situation, seeking alimony and child support remains a possibility, despite the complexities of your circumstances. The fact that you are still legally married to the children's father and that he has started another family while still married to you does not nullify your rights to... View More

1 Answer | Asked in Family Law for Colorado on
Q: I put the wrong city of previous divorce on marriage license. Not the state. Does that make my marriage invalid?

I did not get the state wrong...Only the city of previous divorce.

James L. Arrasmith
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answered on Feb 23, 2024

A minor error such as putting the wrong city of a previous divorce on your marriage license is unlikely to invalidate your marriage. Marriage licenses typically require accurate information about your marital history, but small mistakes or discrepancies may not have significant legal consequences.... View More

2 Answers | Asked in Divorce and Family Law for Colorado on
Q: I AM IN THE MIDDLE OF A DIVORCE. I HAVE CHILDREN FROM A PREVIOUS MARRIAGE AND THE WOMAN I AM ABOUT TO DIVORCE IS

CONTACTING MY CHILDREN WHO SHE HAS NEVER MET OR SPOKEN TO BEFORE. HOW CAN I STOP THIS. SHE HAS NO RIGHT TO BE CONTACTING MY CHILDREN

Michael Joseph Larranaga
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answered on Feb 19, 2024

If they are adult children then there is nothing to be done. They can block the number if they choose. But if it rises to harassment and defamation then it could give rise to other legal claims.

If they are minor children, and you have 100% custody and control then that is a different...
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2 Answers | Asked in Divorce and Family Law for Colorado on
Q: I AM IN THE MIDDLE OF A DIVORCE. I HAVE CHILDREN FROM A PREVIOUS MARRIAGE AND THE WOMAN I AM ABOUT TO DIVORCE IS

CONTACTING MY CHILDREN WHO SHE HAS NEVER MET OR SPOKEN TO BEFORE. HOW CAN I STOP THIS. SHE HAS NO RIGHT TO BE CONTACTING MY CHILDREN

Christopher N. Little
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Christopher N. Little
answered on Mar 2, 2024

I am sure this situation is very frustrating and I commend you on first reaching out for assistance and input. Without knowing more, it is somewhat difficult to offer specific feedback. If you have counsel in your current divorce matter, I highly suggest that you reach out to that person and seek... View More

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1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: My ex took me to court and claimed I had a drug problem, proved her wrong through UA's. She was made sole decision maker

And has our daughters 80 percent of the time. Their mother got a boyfriend who has a known drug problem and sold drugs. He has been to rehab three times and is around my children 80 percent of the time. How do I go about taking her back to court to prove that the girls aren't in a safe... View More

Steven  Visser
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Steven Visser
answered on Feb 5, 2024

It sounds like you are looking to restrict Mother's parenting time due to the situation with her boyfriend. If so, then you would need to file a motion describing what is occurring. In other words, your motion would have to contain facts and information that the children are in imminent... View More

1 Answer | Asked in Divorce and Family Law for Colorado on
Q: Is about divorce and how it works in the state of Colorado if you have properties, 401k, and a small business.

I would like to know what happens since everthing we both own including rental properties are tied up in the small business and what would happen in a divorce.

Donald McClellan
Donald McClellan
answered on Jan 24, 2024

All marital property must be equitably divided in a divorce (not equally, equitably). Marital property is anything obtained on or after the date of marriage, and the increase in value of property since the date of marriage. It does not matter whose name is on title. So if you owned a house before... View More

2 Answers | Asked in Family Law and Tax Law for Colorado on
Q: do Family Court Orders supercede Federal IRS laws on who can claim a child each year?
James L. Arrasmith
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answered on Jan 22, 2024

Family court orders do not supersede federal tax laws determined by the IRS, particularly regarding who has the right to claim a child as a dependent for tax purposes. The IRS has specific rules about who can claim a child, based primarily on residency and support criteria.

If a family...
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2 Answers | Asked in Family Law and Tax Law for Colorado on
Q: do Family Court Orders supercede Federal IRS laws on who can claim a child each year?
T. Augustus Claus
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answered on Jan 18, 2024

Family court orders and federal IRS laws operate independently, and the IRS rules on who can claim a child for tax purposes are not automatically overridden by family court orders. In general, the IRS rules dictate that the custodial parent is typically entitled to claim the child as a dependent... View More

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1 Answer | Asked in Domestic Violence, Criminal Law and Family Law for Colorado on
Q: By law it’s say you have to be served a dvpo atleast 5 days before hearing

I was served with only 2 business days before the hearing from a out of state 1200 miles away so I couldn’t make it tried calling courts but never got through plus I never got a final judgment notification do I have a appeal case to get it dismissed since it wasn’t properly executed

Nelson Patrick Boyle
Nelson Patrick Boyle
answered on Jan 8, 2024

You will likely need to hire a criminal defense or family law lawyer, depending on the specifics of your case. There is a type of motion that may be applicable, depending on how much time has passed and other facts specific to your case. But, as often, time is of the essence since some of your... View More

1 Answer | Asked in Child Custody and Family Law for Colorado on
Q: I was ordered in custody court to take weekly random UA’s and have the results reported to my co-parent…

My co-parent and I were never legally married, and he was in fact, just recently released from parole. He hasn’t given one UA, nor provided results of any of his UA’s to the courts while I have submitted at least 42 clean ones. I feel violated being ordered to now take weekly random UA’s and... View More

Sabra M. Janko
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answered on Dec 30, 2023

If you were ordered to take weekly UAs, it was for the safety of your clild. Congratulations on having clean UAs. The best thing that you can do is continue having them. If you do, when the court is satisfied as to the safety of the child, then the court will modify the order requiring that you... View More

2 Answers | Asked in Divorce, Family Law and Child Custody for Colorado on
Q: Can my daughter's father prevent me from going to nursing school and getting my BSN?

My daughter's father and I have 50/50 joint custody. I will get my associates in April in pre nursing. I told him I'm applying to schools right now for my BSN. In order to get my BSN, I need to travel to complete clinicals out of state as there are no local clinical locations. I asked if... View More

Todd B. Kotler
Todd B. Kotler
answered on Dec 29, 2023

Without knowing the specifics of where this other school is, what you're proposed schedule is, and how much it disruption this will be in the child's life, It is impossible to actually answer this question. You have expressed your question as to what your daughter's father will... View More

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1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: In Colorado, can the JDF208 request for state pay for a professional be hidden from opposing party during e-filing?

If so, what document upload category in the e-file system would hide it from opposing party? I know it will be hidden from public view, but I don't want opposing party to see my financials.

Sabra M. Janko
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answered on Dec 17, 2023

There is no way to file a document without the name of the document being visible in the docket. Court filings are public records so there are no secret filings that only the court can see. You can request to seal a document, however because the actual application for state payment is not visible... View More

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