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Colorado Divorce Questions & Answers
1 Answer | Asked in Child Custody, Divorce and Family Law for Colorado on
Q: Can I ask my husband to get mental health treatment as part of custody mediation in Colorado?

He has been charged with domestic violence in the past and had a history of problematic behavior. Most recently he has kept our oldest child (12) with him for 6 weeks straight, when previously I had the kids weekdays and he had then weekends. We do not have a custody agreement, we've been... View More

Christopher N. Little
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Christopher N. Little
answered on Aug 7, 2023

Good Morning,

Your question and the related details raise several red flags for me and I highly suggest that you consult with a qualified domestic relations attorney licensed to practice law in the State of Colorado. When it comes to domestic violence and the allocation of parental...
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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Colorado on
Q: Can I ask to continue Homeschooling and get child support in divorce mediation? (Colorado)

If my spouse agrees to pay child support/spousal maintenance while I get established in part time work, can this be part of a mediation agreement?

Christopher N. Little
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Christopher N. Little
answered on Aug 7, 2023

Good Morning,

You ask a great question! Generally speaking, parties to cases in domestic relations can be quite creative when it comes to creating terms in an agreement reached at mediation (or even outside mediation). Child support should be approved by a judge (in Colorado it is a right...
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2 Answers | Asked in Divorce and Family Law for Colorado on
Q: Can you modify a decree after the 5 year mark if the other party committed fraud with their financial statement?

The ex didn't disclose any income at the time of divorce even though they had accepted a full-time job already. Based on that information, the division of assets, to include pension was made. Can the case be reopened due to the fraud since the pension would not have been included if the actual... View More

Sabra M. Janko
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Sabra M. Janko pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 4, 2023

Property settlement modification generally relates to disclosure of assets and debt and not income. Also, it sounds as though someone may have accepted a job, but may not have been working at the time of the hearing/decree.

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2 Answers | Asked in Divorce and Family Law for Colorado on
Q: Can you modify a decree after the 5 year mark if the other party committed fraud with their financial statement?

The ex didn't disclose any income at the time of divorce even though they had accepted a full-time job already. Based on that information, the division of assets, to include pension was made. Can the case be reopened due to the fraud since the pension would not have been included if the actual... View More

Christopher N. Little
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Christopher N. Little
answered on Aug 4, 2023

Good Question!

This is one of my favorite aspects of family law. The short answer to your question is that the law does provide for remedies if income or property subject to division was not properly disclosed at the time (or before) the decree was issued (assuming that was the last step...
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3 Answers | Asked in Divorce and Family Law for Colorado on
Q: Does a law firm have to disclose if an "attorney" is not licensed in the state in which they practice law?

I noticed a small "pending practice" in her email sig. She has not shown up to a hearing 2x which led me to question why. I had some stand in attorney and she did not know my case ( divorce) so i essentially had zero representation.

Michael Joseph Larranaga
Michael Joseph Larranaga pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 2, 2023

In most cases here in the state of Colorado, you need a license to practice law. There are multiple exceptions to the rule but you should check into it. This is particularly important for domestic cases since you would normally be in front of a judge. I would find it odd if they did not have some... View More

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3 Answers | Asked in Divorce and Family Law for Colorado on
Q: Does a law firm have to disclose if an "attorney" is not licensed in the state in which they practice law?

I noticed a small "pending practice" in her email sig. She has not shown up to a hearing 2x which led me to question why. I had some stand in attorney and she did not know my case ( divorce) so i essentially had zero representation.

Chelsea Marie Hillman
Chelsea Marie Hillman
answered on Aug 2, 2023

I completely understand your concern and I hope you find this answer helpful.

Attorneys must be licensed to practice law in the state where they provide legal services. While each state has its own requirements for licensing, generally it is not permissible for someone to practice law in a...
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3 Answers | Asked in Divorce and Family Law for Colorado on
Q: Does a law firm have to disclose if an "attorney" is not licensed in the state in which they practice law?

I noticed a small "pending practice" in her email sig. She has not shown up to a hearing 2x which led me to question why. I had some stand in attorney and she did not know my case ( divorce) so i essentially had zero representation.

Christopher N. Little
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Christopher N. Little
answered on Aug 2, 2023

Hi There,

You ask an excellent question and have every right to be concerned. It’s difficult to answer your question without having more information about the specific circumstances. It is important to have counsel and representation that you feel comfortable with. All attorneys at CNL...
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1 Answer | Asked in Family Law and Divorce for Colorado on
Q: If tax refunds are only discussed in mediation but the Final Orders states they are to be split evenly, how does it work

2021 taxes were discussed in mediation.

Final orders stated that any joint tax returns are to be divided evenly. She claims to have used the entire tax amount to pay for her lawyer and "take care of things" and says she owes me nothing. The amount is over 8k combined with the other money's owed.

Christopher N. Little
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Christopher N. Little
answered on Jun 26, 2023

You ask an excellent question and I can completely understand that this is likely frustrating given the amount of time between mediation back in 2021 and now.

To answer your question, final orders are generally controlling. In a Colorado Domestic Relations matter concerning property...
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2 Answers | Asked in Divorce and Family Law for Colorado on
Q: I need a divorce attorney but I’m broke. I’m being blackmailed by my ex and her lawyer boyfriend. What can I do?
Christopher N. Little
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Christopher N. Little
answered on Jun 8, 2023

I am very sorry to hear about your circumstances. Understanding that this is likely one of the most difficult and vulnerable times in your life, I sincerely applaud you for taking the first step in seeking out help.

It is difficult to find good pro bono family law attorneys, especially in...
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1 Answer | Asked in Civil Litigation, Divorce and Family Law for Colorado on
Q: What determines common law marriage in the state of Colorado? We bought a home and were together for 9 years

I filed for divorce and his attorney filed that we are not common law married.

Michael Joseph Larranaga
Michael Joseph Larranaga pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 5, 2023

Common law marriage is a complex question that you should hire an attorney to help you address. You typically need to be together for a certain amount of time and hold out as married such as wearing wedding rings, calling each other husband and wife, and so on. Each state is different, hence the... View More

2 Answers | Asked in Divorce and Family Law for Colorado on
Q: Would a finalized, sealed divorce decree in CO affect me getting married?

My Fiancé and I are both former military, and my Fiancé told me we have to wait to get our marriage license because their divorce decree was sealed. From my basic knowledge, as long as it is finalized, you're allowed to be able to remarry, so it being sealed should have no bearing on us... View More

Christopher N. Little
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Christopher N. Little
answered on Apr 24, 2023

You ask a very interesting question, I would be happy to weigh in.

It sounds like your fiance was previously married and a party to an action to dissolve that marriage. The act of sealing an order of the Court does not usually have an impact on its legal weight. That means that the document...
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3 Answers | Asked in Divorce, Estate Planning, Family Law and Real Estate Law for Colorado on
Q: I got offered a buyout amount for a jointly-owned condo in Estes Park Colorado, I was wondering if it is fair and just.

The value of the property is $395,000 In the amount owed is $330,000 and the net value equity is $65,000 and the outstanding debt is 20000 and the down payment was 12,000 which was paid in full by my wife and they are offering me 5,000 for to buy me out and they offering me a chance for me to not... View More

Michael Joseph Larranaga
Michael Joseph Larranaga pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 21, 2023

Good morning,

I think this is better posed as a math question. There are allot of factors to this question that are not shown here including your risk tolerance, the cost to sell the house, the real FMV. I would think 1st you would need to establish if there is a presumption that you are...
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2 Answers | Asked in Divorce for Colorado on
Q: How to address inconsistancies in other parties Sworn Financial statement. Not provided pertinent supporting docs
Christopher N. Little
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Christopher N. Little
answered on Apr 8, 2023

Hi There!

You ask an excellent question - as you can imagine, inconsistencies in Sworn Financial Statements and pertinent financial disclosures happen all of the time in domestic relations actions. To be really clear, there are many ways to handle this situation and there is not a...
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3 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Colorado on
Q: What is a reasonable time for one parent to submit receipts/statements to request reimbursement for extraordinary expens

There is an order for reimbursement within 30 days, yet other parent waits up to 1 1/2 years to submit receipts for repayment for child's medical care. What, if any, is an actual and acceptable time frame? Not to mention multiple duplicate statements with no proof of payment or prior conferral.

Christopher N. Little
PREMIUM
Christopher N. Little
answered on Apr 8, 2023

Hi There!

I am sorry to hear that you are going through this. I know that co-parenting with an ex can be difficult, and the financial relationship that you two now share is oftentimes wrought with strife, frustration, and consternation. Assuming that your Orders (the parenting plan and the...
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3 Answers | Asked in Divorce and Family Law for Colorado on
Q: Does a qdro need to be done before a judge signs a divorce decree in Colorado?
Christopher N. Little
PREMIUM
Christopher N. Little
answered on Apr 3, 2023

Good Afternoon,

You ask a great question! In most cases, there is no statutory prerequisite concerning QDRO's that have to be met in order for the Court to enter a Dissolution of Decree of Marriage. Many times, a Separation Agreement (the agreement that details the manner and methods...
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3 Answers | Asked in Divorce and Family Law for Colorado on
Q: Does a qdro need to be done before a judge signs a divorce decree in Colorado?
Will Ellison
Will Ellison pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 3, 2023

No, a QDRO does not need to be drafted and filed before the Decree is signed by the Judge.

It is possible you could file it with the other settlement documents, but it is not typical in most cases. The language included in QDROs often includes reference to the date the decree issued, so it...
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1 Answer | Asked in Divorce and Family Law for Colorado on
Q: In the state of Colorado can you hold someone in contempt by a legal separation or only divorce?

My supposed to be ex-husband filed legal separation instead of divorce. He is now in contempt per separation papers from July of 2021 to remove me off the loan w/ refinance.

The whole process has been a year and a half. Now that I've done some looking into it because he has stopped... View More

Steven  Visser
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Steven Visser
answered on Feb 14, 2023

Having someone held in contempt of court would be for violating court orders. Whether it is a legal separation or a divorce does not matter. The key question in this situation is how long did he have to remove you from the title of the truck per the court order. If he has failed to do so by the... View More

3 Answers | Asked in Divorce and Family Law for Colorado on
Q: Is it legal in State of Co. within divorce proceedings ( a 50/50 state) to have one spouse desire to buy out the other

using the bank re-fi value verses the fair market value?

John Hyland Barrett III
John Hyland Barrett III
answered on Feb 13, 2023

Colorado is not a 50-50 state. Marital property is divided "equitably', meaning "fairly', not necessarily "equally'. However, parties have great leeway in determining how to do a property division if they agree on it. The court will approve it so long as it is... View More

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2 Answers | Asked in Divorce for Colorado on
Q: I got divorced, was to have my equity by12/30/22. She is finally selling the house. Do I have any recourse for delay?
Rebecca Pescador
Rebecca Pescador
answered on Jan 27, 2023

From a legal perspective, this isn't a very long delay. So the answer would depend on a couple of factors.

First, how does your Decree read other than when she was to pay the equity? Is there any language about indemnifying you from harm? If so, that would be useful. If there...
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1 Answer | Asked in Divorce and Family Law for Colorado on
Q: What happens if my ex doesn't follow the separation agreement that is part of the final orders in our divorce decree?

In Colorado, my ex agreed in the separation agreement to pay me half of the mortgage since his name is on the house too. The separation agreement is part of the final orders of our divorce decree. Now he's saying he's not going to pay it. Isn't that a violation of a court order, and... View More

Rebecca Pescador
Rebecca Pescador
answered on Jan 25, 2023

If your final orders say that he is to pay 1/2 of the mortgage and he is not doing so, then yes, that is a violation of the orders. Yes, you can file a motion for contempt.

Remember that when you file contempt you need to be able to prove 4 main elements: 1) there was an order requiring...
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