Lawyers, Answer Questions  & Get Points Log In

Questions Answered by Tristan Kenyon Schultz

2 Answers | Asked in Divorce for Colorado on

Q: How can I get legally divorced from a Brazilian woman I married in Brazil, but I live in the USA?

in 2009 I made a mistake of marrying a Brazilian woman in Brazil, it ended up not going well and we agreed to divorce. I sent her the money for the divorce but instead she pocketed the money and never filed. After 8 years I just now found out that we are not legally divorced, what can I do?

Tristan Kenyon Schultz answered on Mar 19, 2018

You can file for divorce in Colorado. Due to the international aspect, you may have some additional steps related to serving notice. You may want to hire an attorney for assistance.

View More Answers

3 Answers | Asked in Divorce for Colorado on

Q: Where do I file when we live in separate states?

We were married in 2004 and separated in 2011. We lived together in Florida for several years where we had two children. He hasn't had any major contact with either child since 2012. We have agreed to terms of the divorce but don't know how to proceed. He still lives in Florida and I've lived in... Read more »

Tristan Kenyon Schultz answered on Mar 6, 2018

There is another potential option. If both parties can agree (stipulate) on jurisdiction for either FL or CO for all legal matters, it should be possible to consolidate both cases to a single state. Note, this consolidation may result in different divisions and payments because of the difference... Read more »

View More Answers

1 Answer | Asked in Landlord - Tenant for Colorado on

Q: Landlord wants me to sign away future injury rights of a guest who fell down stairs due to black ice.

I live in a second floor apartment in a large complex in the Denver area. The outdoor stairwell is open to the elements and can get a bit dicey in bad weather. One morning, my BF, took the first step at the top of stairs and literally fell and slid down the entire stairway, hitting the cement... Read more »

Tristan Kenyon Schultz answered on Feb 28, 2018

You are correct, you cannot sign away another person's legal rights/interests. Incidentally, the landlord cannot generally disclaim liability over common areas (the steps) via a warning or a contractual waiver - such disclaimers are in violation of Colorado's housing laws.

You and your...
Read more »

2 Answers | Asked in Contracts, Animal / Dog Law and Landlord - Tenant for Colorado on

Q: Landlord's dog attacks tentant's dog and gives tenant a month to find another home and verbally breaks lease. Illegal?

Curious if landlord would pay for moving costs and rent of new home for the duration of the original lease.

Tristan Kenyon Schultz answered on Feb 26, 2018

To add a few points:

1. oral statements do NOT qualify as valid notice.

2. Early termination of a written lease can only occur via: (a) mutual consent of both the landlord AND tenant or (b) eviction.

3. ALL evictions require court approval - which means that the landlord...
Read more »

View More Answers

1 Answer | Asked in Divorce for Colorado on

Q: I was married in Colorado and found out that my wife was still married and never got a divorce. Im I legally married?

I was with her for 3 days and we were married 10 years ago.

Tristan Kenyon Schultz answered on Feb 24, 2018

Yes and no. In a strict legal sense, the second marriage is invalid. However, there is the doctrine of equitable marriage (aka equitable estoppel) which can create marriage-like situation for property divisions, etc. Equitable marriage and its applicability is tied to specifics of the case. You... Read more »

1 Answer | Asked in Elder Law for Colorado on

Q: Is it proper when a POA is listing time for doing errands to give the specific times rather than hours?

My Dads POA who is a sibling charges our dad for everything she does for him whether its banking or buying toilet paper. She always in her accounting puts an hour or an hour and a half. I was told that to be able to check into whether she is doing what she says that she should be putting her... Read more »

Tristan Kenyon Schultz answered on Feb 21, 2018

Power of attorneys do not typically involve any type of payment. A Power of attorney grants an agent (the relative) the ability to act on behalf of the principal (the father).

Based on your facts, if the relative is being compensated for services/tasks made on the behalf of the father...
Read more »

1 Answer | Asked in Probate for Colorado on

Q: My mother just died on the 15th the mortuary guy said I only have 10 days to file for probate.Is this true?

she changed the will with a codicil in July of 2013 in my favor of getting the whole house. Do I have to do anything like file for probate. The elder law attorney had me sign the house over to me with my POW which she changed me to POW in july of 2013. What do I need to do now that she is passed... Read more »

Tristan Kenyon Schultz answered on Feb 19, 2018

Since there is a lot here, you are advised to schedule an appointment with the attorney you mentioned. The attorney should be familiar with your mother's estate and can advise you.

As far probate, it is possible based on the size (or lack of size) of the estate that probate is not...
Read more »

1 Answer | Asked in Domestic Violence for Colorado on

Q: Can I get a restraining order filed against my ex? And how do I start the process?

It's been over a month since I left my ex boyfriend of 2 years. We we're living together and I moved out, staying on my friends couch for now. After several times of telling him to leave me alone, he persists. I have blocked him on everything - my phone, email, social media. For him to create a new... Read more »

Tristan Kenyon Schultz answered on Feb 13, 2018

While it is possible to pursue a civil protection order, the best approach is usually to contact the your local police about the harassment. If they find an incidence of domestic violence (note: DV charges do not necessarily require physical harm if threats of physical violence are concrete), an... Read more »

2 Answers | Asked in Family Law and Child Custody for Florida on

Q: I left the state of Florida without the permission of the father there are no court orders, can I get in trouble?

I left Florida about 7 months ago to get away from my ex. He is now going on about how I can get into alot of trouble and he can make it to wear the state forces me to move back. He has not done hardly anything for our daughter and I have been taking care of her soley for over half her life. Can I... Read more »

Tristan Kenyon Schultz answered on Feb 12, 2018

If there is no court order or litigation involving the children when you left, you should be able to the leave any state without any civil or criminal violations. Kidnapping charges vary by state, but usually require a pre-existing court order (which is being violated) or some concrete and... Read more »

View More Answers

2 Answers | Asked in Child Support for Colorado on

Q: Child support was ordered with my 2006 divorce, but my ex never paid. Is it too late to go after child support?

I now have one son diagnosed with epilepsy and one with diabetes. He has been informed of both, but still does not help. Can I go after him for back support with the current order and request the amount raised going forward. The kids are 14 and 15.

Tristan Kenyon Schultz answered on Feb 9, 2018

Yes, you should be able seek (unpaid) back support with the existing 2006 order via an enforcement order. You can also seek an increase in support via a modification. These requests can be filed together and you may be able to retroactively apply the modification amount. You may want to contact an... Read more »

View More Answers

1 Answer | Asked in Family Law, Criminal Law and Juvenile Law for Colorado on

Q: My boyfriend and I want to get married. I’m 18 he’s 19. We live in Nebraska. If we go to CO can he get in trouble?

Tristan Kenyon Schultz answered on Feb 1, 2018

The Colorado marriage would only be valid if one or both parties of married couple were Colorado residents (permanently reside in Colorado for at least 91 days). If the residency requirement can be met in CO, the CO marriage can be transferred to NE (even though legal majority in NE is 19). An... Read more »

1 Answer | Asked in Land Use & Zoning, Landlord - Tenant and Real Estate Law for Colorado on

Q: Is pressing charges on a landlord the only/best approach?

Hello. So I recently moved into a new house with a new landlord and new roommates. We each paid 500 upfront for first months rent and each paid 500 for a deposit. We all signed the lease and lease was sent to our parents as cosigners. The following day, a cosigner (mine) who was set to return from... Read more »

Tristan Kenyon Schultz answered on Feb 1, 2018

From your facts it is acceptable for the landlord to "terminate" the agreement (technically no complete agreement was reached). However, the landlord must return all money (since no lease agreement was created). If the rental was occupied (even for a short duration), the landlord can deduct a... Read more »

1 Answer | Asked in Criminal Law for Colorado on

Q: What is the extent of extortion laws I. Colorado?

I found out that my sister forged and cashed 5 different checks that where payable to my husband, myself and our 3 children. The checks where valued at $1435 total.she endorsed them to herself and deposited them into her bank account. When I confronted her about it she asked me if we could handle... Read more »

Tristan Kenyon Schultz answered on Jan 30, 2018

Asking for interest and return of principal on the fraudulently obtained checks maybe wishful thinking, but I cannot see how any DA or police department would pursue criminal charges against you. However, your sister appears to adding to the list of her potential criminal charges beyond check... Read more »

1 Answer | Asked in Family Law and Child Custody for Colorado on

Q: I'm the mother, can I take 3 children out of Colorado To Washington

I'm the mother can I take kids to another state without permission when neither him or I have and custody in place?

Tristan Kenyon Schultz answered on Jan 16, 2018

If no custody orders are in place AND no current custodial litigation involves the children (in which you have been served), consent by the other parent or courts are NOT required to leave the state. However, the remaining parent can file for divorce (91 days) and/or custody (183-184 days) in... Read more »

1 Answer | Asked in Probate for Colorado on

Q: Does a jointly owned home have to enter into probate after a spouse dies?

My mother passed away on the halloween. My half siblings are pushing to sell the house within 30 days. I can't help but think there is something strange about the rush and the fact that they would prefer it to go into forclosure. Then to allow me to make the mortgage payment till it sells. There is... Read more »

Tristan Kenyon Schultz answered on Nov 12, 2017

If there is a living joint owner, the real estate very likely will never enter probate (or be subject to specific devises in a will--unless the joint ownership is a tendency in common).

Under normal circumstances, the joint owner(s) (joint tenant with right of survivorship--default in...
Read more »

1 Answer | Asked in Education Law and Family Law for Colorado on

Q: what to do with the primary parent that has our children and their are missing school often and grades are low?

Tristan Kenyon Schultz answered on Nov 11, 2017

These facts can be used in a modification request.

Contact an attorney to evaluate the strength of a modification request. Expect to pay for the attorney time and assistance.

2 Answers | Asked in Family Law for Colorado on

Q: Our 32 old son, and daughter in law, will not speak to us thus refuse to let us have contact with our

two young grand sons. Do we have any rights in Colorado?

Tristan Kenyon Schultz answered on Nov 11, 2017

It depends. Grandparent's rights are limited versus parental rights in the US. If there is any adjudication involving the children (e.g. divorce w/ custody, paternity, guardianship, custody for unmarried couples, probate or dependency and neglect), grandparents have standing (ability) to make a... Read more »

View More Answers

1 Answer | Asked in Sexual Harassment for Colorado on

Q: Is it legal for an employer to claim that sexual harassment allegations have been filed but decline to provide them.

A university professor was informed by admin that allegations of "inappropriate relations" were made by a student against the professor. Nothing of the sort ever happened and there is no evidence that would suggest that it did. According to the dept chair the student made verbal allegations in a... Read more »

Tristan Kenyon Schultz answered on Nov 10, 2017

Under Dept. of Education regulations, all schools that receive a sexual harassment/assault claim, must investigate the allegation. Each institution has its own procedures related to who conducts the investigation and how it is conducted (read your employee manual for details). During the... Read more »

2 Answers | Asked in Child Custody for Colorado on

Q: Have been served with custody papers. Court is next week How do I win a case like that?

Tristan Kenyon Schultz answered on Nov 10, 2017

Are you sure that this is trial and not a status conference or other type of hearing? If this an emergency hearing, the courts do not expect fully prepared cases and usually restrict the ruling to a singular matter (e.g. immediate risk of harm to a child).

If it really is a trial, the...
Read more »

View More Answers

2 Answers | Asked in Workers' Compensation for Colorado on

Q: How long do I have to file a workers' comp claim after my work injury?

Tristan Kenyon Schultz answered on Nov 10, 2017

This is how is should work:

First you need to notify your employer in writing within 4 days of the injury. You can still report after the 4 days window, but penalties may apply (note: inability to report due to physical or mental impairment delays the 4 day reporting requirement until you...
Read more »

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.