Questions Answered by Tristan Kenyon Schultz

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

2 Answers | Asked in Divorce for Colorado on
Answered on Mar 19, 2018
Tristan Kenyon Schultz's answer
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.

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

3 Answers | Asked in Divorce for Colorado on
Answered on Mar 6, 2018
Tristan Kenyon Schultz's answer
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 between Colorado and/or Florida law. There might also be some issues with enforceability (assuming waiver of jurisdiction and transferring of orders does not occur).

If no agreement on...

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

1 Answer | Asked in Landlord - Tenant for Colorado on
Answered on Feb 28, 2018
Tristan Kenyon Schultz's answer
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 boyfriend cannot be forced to sign the waiver and you cannot be evicted for refusing to sign. The landlord could choose to not renew your lease if you decide to not sign.

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

2 Answers | Asked in Contracts, Animal / Dog Law and Landlord - Tenant for Colorado on
Answered on Feb 26, 2018
Tristan Kenyon Schultz's answer
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 must show cause (typically in the form of serious violation(s) of a lease agreement, such as significant damage to the property or long-term non-payment of rent) for a court to authorize an eviction....

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

1 Answer | Asked in Divorce for Colorado on
Answered on Feb 24, 2018
Tristan Kenyon Schultz's answer
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 will need to contact a family law attorney directly to assess the specifics of your situation. Expect to pay for the attorney's time.

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

1 Answer | Asked in Elder Law for Colorado on
Answered on Feb 21, 2018
Tristan Kenyon Schultz's answer
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 (versus simple reimbursement for items purchased), the relative would more accurately be described as an employee or service provider (i.e. a domestic servant). Thus, an employment contract versus a...

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

1 Answer | Asked in Probate for Colorado on
Answered on Feb 19, 2018
Tristan Kenyon Schultz's answer
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 required. Additionally, you do NOT need to file for probate within 10 days of death. In fact, there may be reasons to wait at least 1 year from death before filing. I think the mortuary representative may...

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

1 Answer | Asked in Domestic Violence for Colorado on
Answered on Feb 13, 2018
Tristan Kenyon Schultz's answer
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 automatic (and temporary) protection order is granted. DV charges can also occur AFTER an incident occurs. If conviction occurs, it is possible to modify the mandatory PO into a permanent. Until action...

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

2 Answers | Asked in Family Law and Child Custody for Florida on
Answered on Feb 12, 2018
Tristan Kenyon Schultz's answer
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 immediate health/safety danger to the child before the DA would even consider charging parental kidnapping. Colorado gains sole and exclusive jurisdiction over the child once the child has permanently resided...

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

2 Answers | Asked in Child Support for Colorado on
Answered on Feb 9, 2018
Tristan Kenyon Schultz's answer
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 attorney - expect to pay for the attorney's time.

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?

1 Answer | Asked in Family Law, Criminal Law and Juvenile Law for Colorado on
Answered on Feb 1, 2018
Tristan Kenyon Schultz's answer
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 alternative to consider is Nevada, which still has the least restrictive residency requirements for marriage in the US (check to make sure you meet all the requirements in NV BEFORE you travel!)....

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

1 Answer | Asked in Land Use & Zoning, Landlord - Tenant and Real Estate Law for Colorado on
Answered on Feb 1, 2018
Tristan Kenyon Schultz's answer
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 reasonable pro rata daily rental fee. Beyond that , the landlord is clearly violating Colorado law.

You can send a letter (with or without a lawyer's letterhead) requesting a full refund....

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

1 Answer | Asked in Criminal Law for Colorado on
Answered on Jan 30, 2018
Tristan Kenyon Schultz's answer
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 fraud.

I would seriously consider the police about the check fraud and the other matters. You likely have a better chance at recovery via restitution tied to a criminal conviction than negotiating...

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

1 Answer | Asked in Family Law and Child Custody for Colorado on
Answered on Jan 16, 2018
Tristan Kenyon Schultz's answer
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 Colorado after the departure--this would result in litigating in Colorado.

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

1 Answer | Asked in Probate for Colorado on
Answered on Nov 12, 2017
Tristan Kenyon Schultz's answer
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 Colorado) goes to the County Clerk's Office where the property is location and provide notice of the death via a certified death certificate. Once the certificate is recorded, the deceased's name will be...

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

1 Answer | Asked in Education Law and Family Law for Colorado on
Answered on Nov 11, 2017
Tristan Kenyon Schultz's answer
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.

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

2 Answers | Asked in Family Law for Colorado on
Answered on Nov 11, 2017
Tristan Kenyon Schultz's answer
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 custody request. If no adjudication involving the children has occurred, grandparents cannot bring suit.

If adjudication has occurred and a grandparent custody motion can be filed, the next...

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

1 Answer | Asked in Sexual Harassment for Colorado on
Answered on Nov 10, 2017
Tristan Kenyon Schultz's answer
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 investigation phase the institution/investigator cannot and should not convey any details of the investigation until the review is completed and/or made public. In other words, you will not receive any...

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

2 Answers | Asked in Child Custody for Colorado on
Answered on Nov 10, 2017
Tristan Kenyon Schultz's answer
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 service may be improper. Another alternative is to seek a continuance.

Contact a lawyer for details. Expect to pay for the lawyer's time.

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

2 Answers | Asked in Workers' Compensation for Colorado on
Answered on Nov 10, 2017
Tristan Kenyon Schultz's answer
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 are physically/mentally capable of reporting). Your employer should notify their carrier within 10 days of the reported injury. From there the insurer takes over.

That said, it is to your...

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