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no children, no property
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answered on Apr 10, 2020
I agree with the last answer. The process to transfer your legal separation to a dissolution is fairly straightforward, however does require some specific paperwork and the courts can be more difficult than ever to navigate these days.
Yyyyyyyy
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answered on Apr 10, 2020
I am sorry to hear about your situation. I agree with the last answer. Your rights depend on the language of the post-nup and your ability to prove the cheating.
I am married and live in Colorado. Is my wife automatically the beneficiary of 100% of my 401k, my multiple IRA's, and regular savings accounts, regardless of who I have specifically designated as the beneficiaries on those accounts? I've read conflicting information online regarding... View More 
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answered on Apr 27, 2020
I agree with the last answer. A spouse can not be disinherited, therefore any disposition that conflicts with the spousal share would create a problem. However, what is right in your case may depend on the totality of your assets and what other assets might be available to her.
I would like to do this without making any other changes to the divorce agreement (i.e. length of terms). I am worried that changing one thing in the settlement will open other areas for negotiation.
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answered on Mar 29, 2020
I am sorry to hear about the income impact. Child support is always modifiable based on substantial and continuing income changes. Maintenance is as well unless the parties have made it nonmodifiable. The key is that the change has to be substantial and continuing. For child support, substantial is... View More
I filed a parenting plan with my husband last week and have since decided that I would like to go for full custody instead of visitation.
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answered on Mar 26, 2020
It depends on the circumstances of the filing. You may or may not have an opportunity to argue for a deviation with the Court if the plan has not yet been issued as an order. If it has, it depends on the reasons for deviation given that the Court would just recently have issued the order.
Communication has been expressly limited to TalkingParents.com between my ex husband and myself. I have the records available to me for evidence, and he uses TalkingParents for this communication. He takes every opportunity to call me many names, all which have to do with him implying that I have... View More
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answered on Mar 26, 2020
I agree with the last answer, however if his use of profanity and insults is frequent enough, you may have grounds for a protection order as it can constitute harassment. Although it is easier to obtain a protection order based on physical harm, the statute does provide for emotional forms of harm... View More
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answered on Mar 26, 2020
I agree with the last answer. If your ex is not meeting the terms of the court order, you can file a motion for contempt.
It was also my year to claim our kid upon the court ordered agreements.
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answered on Mar 21, 2020
I am sorry to hear about your situation. You could ask your ex to amend the tax return and if not , then you can file a motion for contempt of court for a failure to comply with the court order.
I am looking for something that explains if its legally binding
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answered on Mar 21, 2020
I agree with the last answer. Here is a court case that you can take a look at in order to understand how Colorado looks at common law marriage.
People v. Lucero, 747 P.2d 660, 663 (Colo. 1987)
It sets forth that "a common law marriage is established by the mutual consent or... View More
if I do refinance before I'm Legally divorced is that considered maritial property and will he be entitled to half of the house? I Live in Colorado Thank you So much for your time...
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answered on Mar 20, 2020
I agree with the last answer. Your spouse has an interest in the appreciation of the value of the house from the time of marriage to the present regardless of whether you refinance or not.
I'm in Colorado. Ex is primary custodian and has decision making. The court has reiterated my right to access info several times. The school blocked me from seeing my child at school based on my ex's wishes. The court has already found my ex to be alienating me from our child. Can they... View More
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answered on Mar 15, 2020
I am sorry about your situation. An attorney would have to know more about your case. A situation where the Court has found your ex to be alienating the child from you, while simultaneously awarded your ex sole-decision making authority would be inconsistent. Likely there are more facts that are... View More
What are my rights to my son and what are my husband’s, without a court order? I have been my son’s primary caretaker since birth and work from home. My husband works an hour away from the home. Can he take my son from me if I leave?
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answered on Mar 15, 2020
I am sorry to hear about this. Either parent may take the child elsewhere in the absence of a court order, however that parent can not withhold the child from the other parent. You should obtain a court order for allocation of responsibilities if you and the father disagree about the location of... View More
We are amicable, have already dividied assets, have no kids,
Do we still have to do a mandatory reporting to one another?
Can I do this process myself or better w an atty ?
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answered on Mar 15, 2020
It is always best to have someone who knows the court system and the rules of evidence if possible. An attorney would have to review your legal separation document, particularly since it is not a court order. Mandatory reporting is required in Colorado for dissolution.
We have a case for allocation of parental responsibilities in Colorado (Adams County). Does this injunction cover the minor child as well as the petitioner and respondent?
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answered on Mar 7, 2020
The injunction prohibits the parties from taking certain actions such as removing the child from the state.
This is my sister in law handling it. And tax accountant is her brother in law
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answered on Mar 7, 2020
What recourse you have may depend on whether you had any interest in the sale of the home. An attorney would have to know more about the situation to comment.
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answered on Mar 6, 2020
That is a good question. Felonies are relevant in court proceedings.
Am I legally obligated to share this information with his mom or the court? What are the possible repercussions under this type of circumstance? I have always been a part of his life and he lives with me throughout the school year. We were married when he was born so I am on the birth certificate.
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answered on Mar 4, 2020
You are the presumed Father and the psychological parent so there is no obligation to share the information.
my father is still my legal guardian
he has pointed a gun at me before
he has beaten my mother in front of me
I am terrified of him
he is diagnosed with anti social personality disorder (he's a sociopath)
he refuses to give me my legal documents SSA, Birth certificate, ID ect.
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answered on Mar 4, 2020
I am sorry to hear about your situation. You could speak with a school counselor who might report the situation or ask your Mother to obtain a protection order for you and her.
The kids are 10, 7 and 4 years old.
Father has continued to make this procesd very difficult.
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answered on Mar 3, 2020
Yes, courts will often award sole decision making to a parent who has been the subject of domestic violence. If you can establish child abuse on his part, then you can ask for restrictions on his time with the children.
He is common law with someone else
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answered on Mar 3, 2020
You would have to file paperwork for a traditional marriage. However if you had a marriage ceremony, the other party may be able to claim common law marriage.
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