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Questions Answered by John Hyland Barrett III
1 Answer | Asked in Divorce for Colorado on
Q: I live in CO and have been legally separated from my husband since 2003, can I easily file for divorce?

no children, no property

John Hyland Barrett III
John Hyland Barrett III answered on Apr 2, 2020

If you have a decree of legal separation in Colorado, you can apply to transfer that into a decree of dissolution of marriage (divorce). You should get a lawyer to help you with this.

1 Answer | Asked in Divorce for Colorado on
Q: I have a post nup and it says I will get 100% of the home/equity also says if there is cheating he would pay 15thousand

Yyyyyyyy

John Hyland Barrett III
John Hyland Barrett III answered on Apr 2, 2020

This really depends on the exact language of the PNA. you should have a lawyer review it and advise you.

2 Answers | Asked in Divorce for Colorado on
Q: I recently took a very large pay reduction due to markets. It is possible to reduce my Maintenance and Child support?

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.

John Hyland Barrett III
John Hyland Barrett III answered on Mar 27, 2020

It is possible that changing the amount may lead to other changes in maintenance or child support It should not lead to any changes in custody or property division. you should get a lawyer to help you with this.

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2 Answers | Asked in Divorce, Family Law and Sexual Harassment for Colorado on
Q: In Colorado, are there any laws to stop derogatory and verbally abusive behavior from an ex?

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... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Mar 24, 2020

If there is a court order limiting communication to TalkingParents, he may be in violation of the court order. If so, you could consider citing him for contempt. You should get a lawyer to help you.

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2 Answers | Asked in Child Support and Divorce for Colorado on
Q: Can a dad modify alimony and child/sup on his own terms bc of own temporary salary reduction when other parent jobles
John Hyland Barrett III
John Hyland Barrett III answered on Mar 24, 2020

No. Only the court can modify court-ordered child support/alimony. A party wanting a modification has to file a motion to modify with the court.

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2 Answers | Asked in Employment Law and Family Law for Colorado on
Q: I can't seem to find anything on common law marriage in Colorado other than age restrictions.

I am looking for something that explains if its legally binding

John Hyland Barrett III
John Hyland Barrett III answered on Mar 20, 2020

Colorado recognizes CLM. It is equally valid as a ceremonial marriage. It requires that both of you intend to be married and that you live together. This is usually indicated by holding yourselves out to the community as a married couple. Also, you need to be legally able to be married-e.g: not... Read more »

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2 Answers | Asked in Divorce for Colorado on
Q: my question is I bought my house when I was single and I need to refinance my house now So I don't loose it.

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...

John Hyland Barrett III
John Hyland Barrett III answered on Mar 16, 2020

just refi-ing the house will not change things so long as you do not put him on the deed. However, any increase in value of the house that occurs during the marriage is considered marital property, subject to an equitable (meaning "fair", not necessarily equal)) division. You should get a lawyer to... Read more »

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1 Answer | Asked in Family Law for Colorado on
Q: Can I take my son out of state for a gymnastics competition my son qualified for without his dads permission?

My son's dad doesn't want us going out of state because of the corona virus. The meet is on my parenting time. We will be driving, and it is only 1 night 6.5 hours from home. His dad has all of the information for the trip. Our parenting plan reads "6. Travel and Vacation Plans - The parties... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Mar 12, 2020

You should comply with the court-ordered parenting plan. You should consult with a lawyer to review the entire parenting plan and advise you how to proceed.

2 Answers | Asked in Divorce for Colorado on
Q: I have a legal separation from NYS- in 2015.. it is not a decree. Can I use that in a divorce I start in CO?

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 ?

John Hyland Barrett III
John Hyland Barrett III answered on Mar 10, 2020

I suggest you start with a NY attorney to see what needs to be done. For instance, in Colorado, you can change a decree of legal separation to a decree of dissolution (divorce) after six months by filing an election to do so.

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2 Answers | Asked in Identity Theft, Family Law, Domestic Violence and Social Security for Colorado on
Q: my father emotionally abuses me and my mother, I don't live at home is it possible to get a protective order?

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... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Mar 4, 2020

If you are an adult (age 18), you can get a protection order based on these facts. If you are a minor, your mother can get a protection order for her and you. You or your mother should get a lawyer to help you with this.

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2 Answers | Asked in Divorce, Family Law and Real Estate Law for Colorado on
Q: If I have sole ownership after divorce, in agreement to splitting proceeds from sale, does my ex have say in the selling

I am getting ready to sell, as we BOTH agreed on, and now she's trying to interfere saying that she gets a say in every offer, etc I have.

John Hyland Barrett III
John Hyland Barrett III answered on Mar 2, 2020

This depends on the wording of your Separation Agreement or Court Orders. That should spell out how the sale is to occur. You should get a lawyer to help you with this.

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2 Answers | Asked in Family Law and Child Support for Colorado on
Q: Received bonus before divorce was final and was marital property. Can that be used as basis for child support re-eval?

My annual bonus was paid in Feb 2019 and divorce was final in June 2019. Bonus was considered marital property and split at time. My annual bonus received today (Feb 2020) was 50% less than last year (and is consistent with bonus for previous 11 years) making my income significantly less than last... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Mar 2, 2020

The court should use your current income. Sometimes, your prior years' income is considered a good indicator of your current income. You should run the child support calculations to see if it really makes much difference. Your contribution to your son's expenses will only matter if he is a child of... Read more »

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2 Answers | Asked in Divorce for Colorado on
Q: I was divorced in 2012 and today received a "Entry of Appearance" from my ex-husbands lawyer. What does this mean?

I did file bankruptcy in August that was discharged in December. And I do know that two of the debts are now going after him, but he still owes me money from his retirement. And that this new lawyer is representing him with that. We did not have lawyers for the divorce originally.

John Hyland Barrett III
John Hyland Barrett III answered on Feb 27, 2020

So your ex has hired a lawyer. The Entry of Appearance is the lawyer's way of stating the lawyer is the attorney for your ex in this case. That lawyer is probably going to file a motion of some kind. You should get a lawyer yourself.

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2 Answers | Asked in Divorce for Colorado on
Q: If my spouse and I completely agree to the divorce in Colorado, is the JDF 1201 FORM the only thing we need to file?

There are no minor children and my spouse has been absent from the marriage for 8 years.

John Hyland Barrett III
John Hyland Barrett III answered on Feb 25, 2020

No. You also need to file a Petition. You need to provide each other with your mandatory disclosures and certify that you have done so. You will need to file a Separation Agreement and Parenting Plan. You need to provide a form of Decree. You should get a lawyer to help you with all this.

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1 Answer | Asked in Civil Litigation and Divorce for Colorado on
Q: can I subpoena my ex wifes boyfriends tax records?

My ex wife claims she pay her bf 1300 month rent.

I want to see if he is claming it on his income tax as part of reviewing child support and maintenance

John Hyland Barrett III
John Hyland Barrett III answered on Feb 14, 2020

You can try. He could object. Then it's up to the judge to decide whether that is proper. Usually, you would have to have a very good reason to do this. He is not really involved and he has a right to privacy in his tax returns.

1 Answer | Asked in Family Law for Colorado on
Q: If a parents parental rights were terminated in Texas 3 years ago, can they have a baby in Colorado?

If all is well with parent and baby at the time of delivery will baby be taken away still?

John Hyland Barrett III
John Hyland Barrett III answered on Feb 14, 2020

The termination of parental rights is specific to the children involved in that case. It does not automatically apply to a child born after that case. The Department would have to file a new case here in Colorado in order for that to happen.

1 Answer | Asked in Divorce for Colorado on
Q: is it easier to agree separate all accounts etc before filing divorce We have already done Initial Status Conference

we are trying to do the JDF 1111... but we have negotiated ourselves and agree on all matters... do we still have to do the jdf 1111? .... and Is it better and easier to delay the deadline for that form... and go ahead and separate all of our accounts first... Then file whatever other forms?

John Hyland Barrett III
John Hyland Barrett III answered on Feb 12, 2020

You still need to do all the mandatory disclosures, including the JDF 1111, Sworn Financial Affidavit. That's why they are called "mandatory". The court will need to approve your agreement. It needs the Sworn financial statements in order to do so.

2 Answers | Asked in Family Law and Child Support for Colorado on
Q: Can my ex wife take me to court in an attempt to force me to give her half of my tax return?

It wasn’t stated in the divorce decree nor the child support hearing

John Hyland Barrett III
John Hyland Barrett III answered on Feb 11, 2020

This will depend on what is provided by the divorce decree. It may also depend on what year the refund is for and whether that was disclosed in your financial disclosures. You should consult with an attorney to review this and advise you how best to proceed.

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1 Answer | Asked in Family Law for Colorado on
Q: Legal name change for a minor.

My son is 5 years old, he has his fathers last name. His father is not in his life, he is also not on the birth certificate. What steps should I take to achieve this?

John Hyland Barrett III
John Hyland Barrett III answered on Feb 11, 2020

You can file a petition to change your son's last name. You will have to provide notice to his father. The court will hold a hearing to determine whether this is in your son's best interest. You should get a lawyer to help you with this.

2 Answers | Asked in Family Law, Child Custody and Child Support for Colorado on
Q: If my ex agreed to let my child go on a family trip and now at the last minute said no

Family planned trip out of state ex said no my child could not go. Asked if it was in state could she go? She agreed and now the week of the trip is saying no. We are going to mediation at the end of the month and most likely court. If i still take my daughter will this hurt my chances in court?... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Feb 6, 2020

This depends on whether you have a court-ordered/approved parenting plan. If so, you should comply with its terms. If there are no court orders on the matter, either parent is entitled to time with the child in state. If there is no agreement, you should probably not do it. It is hard to predict... Read more »

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