Get free answers to your Divorce legal questions from lawyers in your area.
There is no bitter dispute in the marriage we never really meshed. We are not arguing over possessions as those have been doled out without problems
answered on Jun 15, 2017
If the child was born during the marriage, the husband is presumed to be the legal father, even if he is not the biological father. If this is not the case, the court usually will not deal with a child who is not a child of both parties. It can happen that a non-parent will assert some rights to... View More 
I took girlfriend to the police station where she admitted to them she forged a check, stole the guns and sold them, then disappeared the next day (weekend) Next business day I filed custody papers because she took my 3mo daughter. I see online that there is a protection order issued to her that... View More
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answered on Jun 2, 2017
Under the rules of civil procedure tied into venue (Rule 98) a case is to be filed where the responding party lives. If you live in Jeffco and her in Adams you should have filed in Adams and she should file in Jeffco. If no one is in Jeffco then it shouldn't be filed there. Depending... View More
answered on Jun 2, 2017
The court filing fee is about $ 230.00. Attorney fees for this type of case can vary a lot, depending on how contested things are likely to be. Fees will be much lower if there is agreement on how to divide the assets, including the pension and how to deal with maintenance (alimony). You should... View More
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answered on May 27, 2017
Statute indicates that the court should divided marital assets fairly. Generally this translates to equally. Assets that are premarital or non-marital do not get divided. However, increase in value to these assets is marital in nature and could be divided. With a house, either on party keeps... View More
I was entitled two cars that I purchased, but my ex put them in his name. At the divorce he did not show up, so the judge entitled them to me. However he never gave me the cars nor the titles. I took him back to court, now a new judge says that I am not entitled to these cars since they were under... View More
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answered on May 23, 2017
More information is needed to assess your situation. It sounds like judicial error/activism to me in that property orders are generally going to be final. However, orders can be undone depending on time frames, the types of motions filed, etc. In your case, if the cares were put into your... View More
The marital estate to settle was valued at $1,000,000. The split was 50/50 and the petitioner was granted an additional $30,000 to settle the matter out of court.
answered on May 22, 2017
The court retains jurisdiction for 5 years to deal with any undisclosed property. A gift is considered separate property, not marital property. The existence of the gift may have influenced the division of marital property. A lot may depend on the size of the gift and whether it was known to the... View More
This was in response to a question posted on 5.21.17 regarding an undisclosed bank account (tax return amount). The marital estate was split 50/50. The gifted monetary amount is 2.2% of total assets (if considered marital asset). Furthermore, an additional 3% of total marital assets was given to... View More
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answered on May 22, 2017
Given these numbers, and presuming the question(s) is understood correctly, probably not material or worthwhile pursuing. Also, if the money is not marital at all then it's likely wholly irrelevant. That being said, your best bet for getting a concrete, thorough answer is to consult with an... View More
My question is her business is in the house, she is a pet groomer making around 17,000 a year, can she be force to move out of the house or sale the house, her husband makes 59,000 a year
answered on May 19, 2017
It depends on the case. It is a possibility, but this is dependent on multiple factors including negotiations between the parties and money/assets available to divide. Generally speaking, the younger the children and the lower the income of one of the parties relative to the other increases the... View More
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answered on May 15, 2017
Yes. Unless you know what you are signing and are 1000000000000000000% certain that you are not compromising yourself in anyway you shouldn't sign. By just signing you could be giving up rights or creating obligations regarding property, spousal support, and potentially child... View More
girl is not from him but She gave him the surname of my son and kept it until the year and a half without knowing K It was not His daughter K can do in this case
answered on May 3, 2017
Generally, the husband is considered the legal father of a child born during the marriage. He may assert his legal rights to the child, even if the child is not his biological child, if the court finds it to be in the best interest of the child to do so. He should retain an attorney to advise him... View More
My sons dad sold his home last year and is now renting a room from someone. My son and his dad now share a bedroom, and a bed. (son is 8). I am concerned about the living arrangements for many reasons, but my son is expressing frustration to me over not having his own bed. Wondering if there... View More
answered on May 1, 2017
There are no requirements that a child have his or her own bed. However, this can be a sign (all be it a rather weak sign) of an unstable home life that is not in the child's best interest. It is probably premature to consider a modification at this point, but documenting this along with other... View More
I havent seen my kidos in 2 years went to prison unrelated issue she took off with all my money and everything i owm amd went mia. I payed privite investagator to hunt her down no go. Amd i just found out where i can contact her at. But no address to have her served for custody paper work. Can i... View More
answered on Apr 30, 2017
If you your wife or children have a protection order against you, you cannot contact them (but an attorney can). If you do not have a restraining order there should be no reason why you cannot contact her.
You should be allowed visitation/custody of the children. How much and what type... View More
I'm going through a nasty divorce where my ex-partner has adopted a son prior to us dating. We were together for 7 years and he is 8 now. I never legally adopted him and she's telling me I have no rights over him and is taking him away from me out of anger. Do I have any rights to him??
answered on Apr 27, 2017
It depends. From a strict perspective, unless you are a "parent" or "guardian" to the child you do not normally have rights. Since the child existed prior to the marriage, the child is not presumed the child of the married partners. However, if the child is the product of... View More
I live in Colorado. I have been separated from my wife for 7 years. The divorce was never finalized. I would like to buy a house, but I want to make sure she can not lay claim to it. Is there any chance that she could claim it? The property I would like to buy is in a different state from... View More
answered on Apr 19, 2017
If you want to remove any potential claims that your wife can make to the house purchase that your are considering, you will need to get divorced before you purchase a home. Since Colorado is a common law state, the informal separation allows you to claim that the house should not be divided with... View More
My spouse works in the UAE for a non US company and he is a US resident. We have 2 children, and a house in FL (he told me his is not paying it intentionally) . The children and I have been living in CO for 2 years now. I asked that while in the US that we file for divorce or that he file and have... View More
answered on Apr 18, 2017
Colorado requires personal service (or waiver by the other party) for a divorce to occur. You may have to seek notice via publication if you cannot physically serve your ex. The requirements of service and a divorce can be found on the CO court webpage (link:... View More
is trying to get child support for her from my husband who was paying child support for 4 kids but now just her. The foster mom wants him to pay what he was paying for 4 children to her for just one child which leaves him penniless. He also pays half his pay to his ex wife for alimony and the... View More
answered on Apr 14, 2017
Your husband is liable to provide support for his child. The amount should be set per the child support guidelines, depending on the respective incomes of the parties, and the umber of children involved (probably just 1). His maintenance obligation o his ex-wife may be modifiable, depending on what... View More
My daughter is living with a boyfriend, I have the address and pictures of her car at that residence. This does not seem fair to me???
answered on Apr 11, 2017
You can seek court approval to terminate support if you can prove that your daughter is permanently (Note PERMANENTLY) residing away from the mother's residence. While an address and pictures are evidence, you may need more (this can potentially be obtained via an interrogatory or deposition... View More
answered on Apr 11, 2017
Potentially, yes. You will need to contact an attorney because the nature of the inheritance significantly impacts the support calculations. There are also slightly different application for the recalculation of child support and alimony. Some items are excluded by law, but the general idea is that... View More
By law? I live in Colorado now he lives in Nebraska
answered on Apr 10, 2017
No, you are still married. You will not be divorced until one or both of you file for divorce (and have a judge sign-off on the divorce). Usually divorces with long periods of separation tend to happen faster (in the courts) and have less (if any) conflict.
I am recently divorced and my ex wife owes me a settlement from the sale of our house. The divorce papers say that she has to pay after the sale of the house or in 3 years, whichever comes first. Found out that she sold the house and moving to another country because she has dual citizenship. If... View More
answered on Apr 6, 2017
Ideally you should file for enforcement of the order before she leaves Colorado and the US. If she leaves the country the claim is still legitimate, but you may have difficulty collecting since she is in another country. Note, you likely have grounds to get an emergency order preventing her from... View More
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