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Questions Answered by Scott D. Goldman

1 Answer | Asked in Divorce for Colorado on

Q: I can't get an arbiter to provide a final order after 6 mos. Her dad died and I think she isn't in the proper mind now

I'm in Colorado, working on a divorce. Two temp orders have been issued but the arbiter won't issue a final order and its been nearly 6 mos. The arbiter's dad died a couple months ago and I think she isn't in the right frame of mind to continue working but in the meantime I'm trapped in an... Read more »

Scott D. Goldman answered on Sep 26, 2018

Im not clear on all the facts here, but IF, a party dies BEFORE a Decree for Dissolution of Marriage is entered, then the Court (nor the arbiter) no longer has jurisdiction to make any further orders regarding the Dissolution of Marriage.

You will want an attorney to articulate case law to...
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2 Answers | Asked in Child Custody and Family Law for Colorado on

Q: What action should I take when my child father has violated a court order to see my child?

Me and the father of my child had a MOA and the father violated the agree by not letting me have overnights and failed to give me and update contact information.

Scott D. Goldman answered on Sep 26, 2018

Assuming you mean MOU and not MOA, the ultimate question is whether that MOU was made an order of the court, meaning the Judge or Magistrate signed off on it.

From there, the specific language of your MOU will control and per 14-10-129.5,CRS, there is a whole host of remedies available to...
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2 Answers | Asked in Family Law for Colorado on

Q: Lived with my ex for 18years in Denver, Co. Are we Common Law Married? He provided for financially the whole time.

I alone, took care of the house chores ie; cleaned, cooked, etc. I've always supported him emotionally and made sure he kept up with doctor visits and other personal matters. All of my mail has come to the home we shared for 18 yrs. I'm not listed on the property nor, any of the insurance policies.... Read more »

Scott D. Goldman answered on Jan 28, 2017

I don't think that these facts, in the manner in which they are presented, give rise to a common law marriage - however, you might have other causes of action under different civil theories of law, if your goal is to get to the equity in the home.

Common law marriage is defined as (1) over...
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2 Answers | Asked in Family Law, Child Custody and Child Support for Colorado on

Q: My 16 year old son has been talking about wanting to be with me full time instead of his mothers.

Current parenting plan is roughly 50/50. If he decides it is healthier mentally to be with his father what legal action must be taken care of other then filing court paperwork for a change in child support

Scott D. Goldman answered on Jan 26, 2017

Unfortunately, while your son is 16, it is not entirely up to him. The Colorado statute on point allows the court to consider his wishes if he is sufficiently mature enough to express an opinion about the parent he wants to live with, but the statute does not state an exact age for a child to be... Read more »

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