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Colorado Divorce Questions & Answers
2 Answers | Asked in Divorce and Family Law for Colorado on
Q: Failure to follow separation agreement after divorce.

Specifically, refinancing our house and paying me the equity by the dates agreed upon. The value of the house has also increased since the agreement was signed and executed.

Can I ask for more money in equity?

Sabra M. Janko
Sabra M. Janko answered on Oct 30, 2021

You can enforce the home refinance and equity payment order in court.

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1 Answer | Asked in Divorce for Colorado on
Q: I'm married by common law and have a 18 month old daughter. Do I need to file for divorce?

I am a veteran and they both are considered my dependents and that we are married.

John Hyland Barrett III
John Hyland Barrett III answered on Oct 26, 2021

In Colorado, a common-law marriage is as legal as a ceremonial marriage. So, yes, if you have a common-law marriage, you need to file for divorce if you want to dissolve that marriage. You will have the same issues to resolve as any other divorce, such as custody, child support, property division,... Read more »

1 Answer | Asked in Child Support, Divorce and Family Law for Colorado on
Q: Can you ask for Alimony without being married. But have been living together in Colorado for 5 years and have two child?
Sabra M. Janko
Sabra M. Janko answered on Oct 14, 2021

If you are common law married you can ask for spousal maintenance, however to be considered common law married, you would have to have held yourselves out at married to others.

1 Answer | Asked in Divorce and Real Estate Law for Colorado on
Q: My ex-wife and I still have a home together. Divorced three years, she is still there. I would like to get out now.

I left three years ago and she said she needed to stay until she could qualify for a loan. I have allowed it for three years and never said a word. Now she is dragging her feet and doe snot want to do it. Even though I have offered to help and do all the paperwork, calls and leg work for her.... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Sep 23, 2021

this depends on what you divorce decree says about the house. The court will enforce the terms of the decree. You should get a lawyer to help you with this.

1 Answer | Asked in Divorce for Colorado on
Q: I’m currently going through a divorce. I own a home that was purchased during the marriage.

I placed my spouse on the deed however, the mortgage is solely in my name. I have made every payment on the loan myself. We have three children living with me and I’ve been deemed primary custodial parent by temporary orders. He is planning on forcing me to sell the house within 6 months after... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Sep 20, 2021

This house is marital property since it was purchased during the marriage. Also, it is titled jointly. Marital property is to be allocated "equitably', which mans "fairly", not necessarily "equally". The court will probably not care who made the payments, especially if... Read more »

1 Answer | Asked in Divorce for Colorado on
Q: I want to make a $5,000 gift to the daughter of my best friend as her separate property wedding gift,BEFORE the wedding

The state is Colorado.

1. What specific language should I use on the check to ensure it is her separate property, e.g. 'Jane Doe as her separate property'?

(Has to fit on the check.)

2. Although I'll be sending the check 3 weeks before the wedding, does it... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Sep 2, 2021

You do not need any special language. It does not matter when she cashes the check. The key is that she needs to put it into a separate account in her name only. If she puts it in a joint account with her husband, it will be considered marital property in the event of a divorce.

1 Answer | Asked in Divorce and Arbitration / Mediation Law for Colorado on
Q: Ex wife won't comply to court order, My motions keep getting denid. I just want my name off the mortgage/ loan. Thanx

She had 2 years to get refinanced and now it 4 months past that. I keep filling motions because it was already meditated, but she won't comply and won't agree to a new mediation. My last motion to go back to the original order has been denied. What can I do ? She's just prolonging... Read more »

Sabra M. Janko
Sabra M. Janko answered on Aug 20, 2021

If she will not comply with a court order, you can move to enforce. I don't know what has been happening in your case with your motions.

1 Answer | Asked in Divorce for Colorado on
Q: If I am not yet divorced, can my spouse work for the town that I am a trustee for?

We are going through a divorce and the town has now rented a property purchased by us, the town to him for one year. This act caused many problems and turned an amicable divorce ugly with children involved.

Sabra M. Janko
Sabra M. Janko answered on Jul 31, 2021

I am sorry to hear about your situation. This question is not covered under domestic relations law. It sounds as though your question may relate to conflict of interest employment issues. You may wish to post in employment law.

1 Answer | Asked in Divorce for Colorado on
Q: Considering divorce. Do we need a legal separation agreement? If I leave the house does that have negative legal weight?

Mortgage is in my name because we wouldn’t qualify with his debt to income. Title has both of our names. Looking for a consultation.

John Hyland Barrett III
John Hyland Barrett III answered on Jul 20, 2021

You do not necessarily need a separation agreement just because you and your spouse are separating. You will need a "Separation Agreement" in order to finalize a divorce. This agreement contains details regarding your property division and support issues. Leaving the house is not usually... Read more »

1 Answer | Asked in Divorce for Colorado on
Q: hello yes trying to find a lawyer that could help me out to file a divorce been married almost 2 yrs

we have irreconcilable differences that we seem to not agree on therefore i do not want this marriage

Sabra M. Janko
Sabra M. Janko answered on Jun 30, 2021

A family law attorney could handle your case from start to finish to obtain a dissolution/divorce for you.

1 Answer | Asked in Divorce for Colorado on
Q: 2006 got married. Recently for a marriage certificate for my husband 3 months prior to ours what to do now

I got it compared signatures its his

Sabra M. Janko
Sabra M. Janko answered on Jun 30, 2021

Could you clarify the question?

2 Answers | Asked in Child Custody, Divorce and Family Law for Colorado on
Q: My ex-husband and I both moved to other states after our divorce. We both want to alter the custody part of the divorce.

how do we go about changing the custody agreement? the state we moved from is too far away to fly out just to alter one part of the divorce. I live in Colorado now and he and the children are in New Mexico.

Sabra M. Janko
Sabra M. Janko answered on May 17, 2021

The state that issued the order no longer has jurisdiction since you both and the children have left. If the children live in New Mexico, that is the state that now has jurisdiction.

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2 Answers | Asked in Divorce, Family Law and Collections for Colorado on
Q: How to get my name off a car I cosigned on.

I cosigned for an ex partner, the relationship was abusive and I no longer have any contact with her at all. She has since missed 23 payments on that car and is still affecting my life. How do I go about getting my name off of the car and not hurting my credit anymore than it is already hurt?

Sabra M. Janko
Sabra M. Janko answered on May 11, 2021

If you are married, you can file for dissolution and property settlement. If not, when you co-signed, you agreed to pay if she did not. Absent her consent to refinance in her own name, you are legally obligated to pay if she does not.

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1 Answer | Asked in Divorce for Colorado on
Q: Finalizing an uncontested divorce. Retirement DRO for government pension plan.

Not vested, married 7 years, 15k in contributions, retire in 2054 with estimated $3500 lifetime payments, 1 child

Sabra M. Janko
Sabra M. Janko answered on May 1, 2021

You will have to obtain a dividing order prepared by someone who specializes in the field. Then one or the other of you will have to file it with your employer.

2 Answers | Asked in Divorce for Colorado on
Q: Husband refinanced home without my name on it but we are married. Do I have legal claim in divorce.

Married 20 yrs. It’s been owned home before marriage. He has refinanced three times and never put my name on the house.

John Hyland Barrett III
John Hyland Barrett III answered on Apr 30, 2021

You will have a claim on the increase in value that occured during the marriage. That increase is marital property, subject to an equitable (meaning "fair", not necessarily "equal) distribution in the divorce. You should get a lawyer to help you with this.

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1 Answer | Asked in Divorce for Colorado on
Q: Lawyer Trying to go Against Judge Ruling by Stating it's Not a Law?

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John Hyland Barrett III
John Hyland Barrett III answered on Apr 28, 2021

I think the order will apply since they did not file an appeal at the time. You should get a lawyer to help you with this.

1 Answer | Asked in Divorce, Family Law and Arbitration / Mediation Law for Colorado on
Q: Can I file contempt if my ex filed a motion without going to mediation first as is required per our divorce decree?

My ex husband filed a motion this week to modify medical decision making of our daughter. Our divorce decree states we must go to mediation prior to filing a motion but he and his attorney skipped this step. Could this be considered contempt?

John Hyland Barrett III
John Hyland Barrett III answered on Apr 26, 2021

I do not think contempt is the right response. You could file a response pointing out the failure to go to mediation. The court is likely to order mediation in any case. You should get a lawyer to help you with this.

1 Answer | Asked in Divorce for Colorado on
Q: When my divorce was finalized, I received a Decree of Dissolution of Marriage (Colorado). Are there other documents?

I am currently applying for Hungarian citizenship (my father was Hungarian), and the consulate wants a "Divorce Decree" or a "Certificate of No Appeal" instead of the Decree of Dissolution of Marriage. I am having difficulty in finding out whether these exist in Colorado or are... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Apr 22, 2021

The "Decree of Dissolution of Marriage" is the "divorce decree". That is just what Colorado calls a divorce.

1 Answer | Asked in Divorce and Immigration Law for Colorado on
Q: I need help with divorce and with our green cards, do we lose all that by getting divorced?

I've been married for a year and eight months, I came to the United States under a fiance visa, then we got married here in Denver, my husband is American, I have a 13-year-old daughter, we both came to this country to start a family, my husband He said that he no longer wants me here and is... Read more »

Agnes Jury
Agnes Jury answered on Mar 29, 2021

This is not a simple answer but there is a lot of good information on this topic on the internet. Here is a reliable source: https://www.nolo.com/legal-encyclopedia/divorce-your-conditional-residence-status-how-file-divorce-waiver-with-form-i-751.html

I would recommend you do a consultation...
Read more »

1 Answer | Asked in Divorce for Colorado on
Q: Can my ex ask for spousal support in our divorce?

I am filing for divorce after being separated from my ex for over a year. He has lived with his parents and on his own this past year. He currently lives on his own. I just learned that his employer dropped him down to 1 day a week and he only makes $12 an hour. I am concerned that he will go after... Read more »

Sabra M. Janko
Sabra M. Janko answered on Mar 5, 2021

You can argue that he is capable of working full time. He could respond as to why he is not working full time. It is always helpful to have an attorney with spousal maintenance because although there are maintenance guidelines, they are discretionary with the court. An attorney can make arguments... Read more »

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