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Colorado Divorce Questions & Answers
1 Answer | Asked in Divorce for Colorado on
Q: My wife wants a divorce and "agrees" to split everything 50/50. Are we legally obligated to have a lawyer?
Christopher N. Little
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Christopher N. Little
answered on Mar 2, 2024

Good question, under Colorado Domestic Relations law, there is no default/affirmative legal obligation to have an attorney represent you in the matter. By the default rules, you are legally permitted to represent yourself. Knowing that the law is complex and self-representation can be a risky... View More

1 Answer | Asked in Divorce, Family Law, Immigration Law and Child Support for Colorado on
Q: Can I still get my children's dad which is still my husband for alimony and for child support

After 8 years they were taken out of my custody and given to my stepmom but during the time I did get tanf for them they were in my custody and I still have not divorced but he has had another family and another child and still married to me

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 26, 2024

In your situation, seeking alimony and child support remains a possibility, despite the complexities of your circumstances. The fact that you are still legally married to the children's father and that he has started another family while still married to you does not nullify your rights to... View More

2 Answers | Asked in Divorce and Family Law for Colorado on
Q: I AM IN THE MIDDLE OF A DIVORCE. I HAVE CHILDREN FROM A PREVIOUS MARRIAGE AND THE WOMAN I AM ABOUT TO DIVORCE IS

CONTACTING MY CHILDREN WHO SHE HAS NEVER MET OR SPOKEN TO BEFORE. HOW CAN I STOP THIS. SHE HAS NO RIGHT TO BE CONTACTING MY CHILDREN

Michael Joseph Larranaga
Michael Joseph Larranaga pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 19, 2024

If they are adult children then there is nothing to be done. They can block the number if they choose. But if it rises to harassment and defamation then it could give rise to other legal claims.

If they are minor children, and you have 100% custody and control then that is a different...
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1 Answer | Asked in Divorce and Family Law for Colorado on
Q: Is about divorce and how it works in the state of Colorado if you have properties, 401k, and a small business.

I would like to know what happens since everthing we both own including rental properties are tied up in the small business and what would happen in a divorce.

Donald McClellan
Donald McClellan
answered on Jan 24, 2024

All marital property must be equitably divided in a divorce (not equally, equitably). Marital property is anything obtained on or after the date of marriage, and the increase in value of property since the date of marriage. It does not matter whose name is on title. So if you owned a house before... View More

1 Answer | Asked in Divorce for Colorado on
Q: Will I be ordered to pay half of my wife's medical debt when we get a divorce in Colorado?
John Hyland Barrett III
John Hyland Barrett III
answered on Jan 14, 2024

Your wife’s medical debt will be considered marital debt. If it was incurred during the time you were married to her,marital debt is subject to an “equitable distribution “as is marital property. Equitable distribution means “fair “, not necessarily “equal “. You should get a lawyer... View More

2 Answers | Asked in Divorce, Family Law and Child Custody for Colorado on
Q: Can my daughter's father prevent me from going to nursing school and getting my BSN?

My daughter's father and I have 50/50 joint custody. I will get my associates in April in pre nursing. I told him I'm applying to schools right now for my BSN. In order to get my BSN, I need to travel to complete clinicals out of state as there are no local clinical locations. I asked if... View More

Todd B. Kotler
Todd B. Kotler
answered on Dec 29, 2023

Without knowing the specifics of where this other school is, what you're proposed schedule is, and how much it disruption this will be in the child's life, It is impossible to actually answer this question. You have expressed your question as to what your daughter's father will... View More

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1 Answer | Asked in Divorce and Family Law for Colorado on
Q: Been estranged for the past 49 months and finically strappedDon’t qualify for free legal assistance

Attempting to file on my own but couldn’t afford the legal fee also broke my left ankle since then haven’t revisited in refilling for a legal divorce

Christopher N. Little
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Christopher N. Little
answered on Dec 8, 2023

Hi There,

I am very sorry to hear that you are going through it right now. I understand that you mentioned you do not qualify for free legal assistance. In order to be sure you've exhausted all of your options (or at least made good headway in that direction), please check with Metro...
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2 Answers | Asked in Divorce and Family Law for Colorado on
Q: I have paid the mortgage for 7 years while my husband didn't contribute. Do I need to split the house 50/50 in divorce?

I bought the house in my name. He has never been on the title. I paid the mortgage all 7 years. I have paid all the utilities and he has given me cash for the last 5 years, in an amount that didn't cover all utility costs. I was primarily responsible for all inside cleaning and projects. He... View More

Christopher N. Little
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Christopher N. Little
answered on Oct 26, 2023

Hi there,

You ask an excellent question and you are wise to start looking for appropriate resources to help you have perspective as to what could happen in a divorce and what your legal rights are. The best answer I can give you without more information is "maybe." Domestic...
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1 Answer | Asked in Divorce and Family Law for Colorado on
Q: My ex tells me that he is retiring next year. I don’t care what he says, the way that our divorce was written in Larimer

In Larimer county, the way that it was written it said nothing about him not paying me when he retired. We were married for 15 years and as far as I researched, Larimer county is the only county that does not follow the states divorce law!

He is a veterinarian who lives in wealth in the... View More

Christopher N. Little
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Christopher N. Little
answered on Oct 13, 2023

Hi There,

I am very sorry to hear about what you are going through right now and what you have been through. More than anything, from your post, it sounds like you are looking for legal representation that is responsive to your financial condition; which is completely understandable. I...
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2 Answers | Asked in Divorce and Family Law for Colorado on
Q: can I get my money back for a car that was always a gift?

I was a stay-at-home wife for 10 years in 2021 my ex bought me a car as a gift of $750. Per month he made the payments from a separate account it never came out of the joint account I have a joint account yearly statement for 2021/2022 on 7/5/2022 we separated in September I was being forced to... View More

Sabra M. Janko
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answered on Oct 1, 2023

It is unclear where you are in the case. You are required to comply with any mediated agreement or court order. It is also not clear what you mean by the fact that he "put you in debt". A gift can either be to one party or to the marriage so it would be necessary to present evidence if... View More

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2 Answers | Asked in Divorce, Child Custody and Health Care Law for Colorado on
Q: Can I request food logs from my wife’s lawyer concerning my daughter’s metabolic disease PKU her levels continue to rise

Oh haven’t seen my daughter in 210 days because my wife is manipulating the system in order to have sole custody and decision making. In those 210 days my daughters lab results have been consistently rising and it’s causing concern. Just wondering my options. I can’t afford an attorney but... View More

Sabra M. Janko
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answered on Sep 30, 2023

You would be better off attempting to obtain medical records rather than attempting to make a medical determination yourself. The records are protected by HIPPA, however as a parent you are entitled to the medical records of your child which you can obtain from the medical facility itself.

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1 Answer | Asked in Divorce and Family Law for Colorado on
Q: My spouse's response to me filing for divorce is to ask the court to enter orders on property division and maintenance.

What does that mean? He has an attorney, I'm poor and don't have one. Thank you

Christopher N. Little
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Christopher N. Little
answered on Sep 29, 2023

Great question!

First, I am very sorry to hear that you are going through this; divorce is generally associated with difficult times in folks' lives and I feel for you. To answer your question, your spouse has asked the Court to enter Orders concerning all of the property subject to...
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1 Answer | Asked in Divorce and Family Law for Colorado on
Q: Can my ex husband sue me for taking everything when I moved out if nothing was contested in court?

I have a restraining order against him. He came with the police to get his stuff before we were officially divorced. Once I was ordered to move out, the judge asked if anything was being contested, we both said no. I packed everything and moved. Now he's saying I stole his stuff and is... View More

Christopher N. Little
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Christopher N. Little
answered on Sep 18, 2023

Hi there,

You ask a great question. Let me first say that I am glad you are reaching out for professional assistance. Times like this are often some of the most uncertain and fraught with perceptibly difficult-to-navigate circumstances. I commend you for searching for resources and input....
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1 Answer | Asked in Child Custody, Divorce and Family Law for Colorado on
Q: In the middle of custody trial, ex asked for primary custody.

I have maintained primary for 10 years (our son's entire life). We live in different states and I was given primary interim custody. I have no personal issues or concerns and have always been a great parent. Our son is doing great. What is the likelihood the judge would entertain his request... View More

Sabra M. Janko
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answered on Sep 14, 2023

If there is already a court order, unless you have relocated since the last order, he would have to show endangerment to change primary parenting time.

1 Answer | Asked in Divorce and Family Law for Colorado on
Q: How do you proceed to petition for a reversal of a legal separation decree?
Sabra M. Janko
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Sabra M. Janko pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 12, 2023

Once the decree is issued, it can not be reversed. You can only move to dissolve the marriage. Then if the purpose of your question is that you want to be married, you can get married again.

1 Answer | Asked in Divorce and Family Law for Colorado on
Q: How do I fight a potential spousal support judgement?

So my husband and I had our status conference today and at which point he decided that he did not want to go with the separation agreement that we both agreed on and is now potentially asking for spousal support. How do I show that he is just a gold digger and after money.? He has committed... View More

Sabra M. Janko
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Sabra M. Janko pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 12, 2023

You can ask that income be imputed to him at the wage that he is capable of earning. Some would hire a vocational evaluator expert witness to do this. You can also provide copies of prior pay statements to indicate what you believe that he is capable of earning. However he may come up with reasons... View More

2 Answers | Asked in Divorce for Colorado on
Q: Is husband required to keep utilities on during a divorce if wife cant afford the bills? In Colorado, children in home

Wife works part time, she cannot afford mortgage/bills herself. Husband is moving out, got own apartment and is not sure about requirements to pay for bills in home while divorce is in process.

Steven  Visser
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Steven Visser
answered on Aug 22, 2023

Under the temporary injunction that is contained in the petition for divorce, parties are not permitted to dispose of property, allow insurance policies to lapse (homeowner's), and things of that nature. There is nothing in this injunction about paying bills. I have seen language in civil... View More

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2 Answers | Asked in Divorce and Family Law for Colorado on
Q: How do I divorce a Mexican citizen. We were married in Colorado. I don’t know where he lives now
Sabra M. Janko
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answered on Aug 17, 2023

You have to make diligent efforts to find him, i.e. friends, family, social media. If you can't find him, you could file a motion for substituted service to provide notice through publication in a newspaper. The court would not be able to handle support matters or divide out of state property... View More

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2 Answers | Asked in Divorce and Family Law for Colorado on
Q: Does the same CFI that investigates me and my son in Colorado go to Arizona and investigate his mother?

She left her son 6 months ago and now lives in Phoenix, Arizona. Don't know how she is living, where she is living and if she is back to her old ways. Thank you.

Christopher N. Little
PREMIUM
Christopher N. Little
answered on Aug 14, 2023

Great question!

Yes, generally speaking, the CFI that is appointed will investigate within the scope of their appointment. That information can usually be found in the "Order Appointing Child and Family Investigator" (or some close variation of that title). I sincerely wish you...
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