Asked in Family Law and Child Custody for Colorado

Q: Filed a motion. Ex didn't respond in 21days. Order published on 23rd day. Ex responded to order? What will Judge do?

21 days to respond to motion by CO law. Judge granted request to modify, Ex submitted letter stating opposition to the modification. Will Judge ignore or consider the response?

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2 Lawyer Answers
Sabra M. Janko
PREMIUM
Sabra M. Janko
Answered
  • Divorce Lawyer
  • Colorado Springs, CO
  • Licensed in Colorado

A: Generally at this point, the court will just go with its order. It is now to late to respond. He could move to reopen the action in limited circumstances such as not receiving the motion. Though here because he did respond a few days late it seems as though he did receive the motion.

1 user found this answer helpful

John Hyland Barrett III
John Hyland Barrett III
Answered
  • Divorce Lawyer
  • Louisville, CO
  • Licensed in Colorado

A: This could go either way. The judge could stick with it's order. On the other hand, the judge may feel it is appropriate to have a hearing if your ex's letter raises substantial issues the court wants to resolve.

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