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Colorado Divorce Questions & Answers
2 Answers | Asked in Divorce for Colorado on
Q: What do I need to do to get an extension of alimony
Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Apr 2, 2017

You probably will need to contact a lawyer. First you need to review your separation agreement to see if you are prevented from modifying alimony. If the separation agreement does not prevent it, you need to review the duration of the marriage, financial situation of the parties, etc. If you meet... View More

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1 Answer | Asked in Divorce and International Law for Colorado on
Q: Living overseas for 11 years. Married in Thailand. Can my wife claim rights to property in Colorado?

Thai law dictates that we split all assets accrued after marriage 50/50. Assets owned prior to marriage are said to be personal property and left out of this calculation. However, I have two houses in Colorado. Can my wife claim access to these properties as well? We are currently living in... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Apr 1, 2017

Potentially, yes. If you were married when the homes were purchased, they are automatically included in the marital estate in CO. If they were purchased prior to the marriage, the appreciation (and potentially the whole property) would be included in the marital estate. Note, the Thai property... View More

1 Answer | Asked in Divorce for Colorado on
Q: Is there any possibility I will owe any alimony to my future ex? He still isn't working. Claiming disability.

My husband gave up his min wage job & a rental house as I made pleanty of money. I owned a house & '11 Accord. He took care of the house & was supposed to get his furniture business going & fix up the house - we bought over $3000 of tools. He got rid of his '78 truck &... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Mar 29, 2017

This is a direct legal question. Justa's Q&A is not intended to provide specific legal opinions or advice because this would create an attorney-client relationship. You will need to contact an attorney directly.

1 Answer | Asked in Divorce for Colorado on
Q: My friend was served divorce 21days ago...he was supposed to file his response in 21 days...hasnt. What does this mean

Hes trying to hide that he just bought a truck...not going to work...not a good idea??? Correct?

Thank you

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Mar 28, 2017

If he was served, the divorce will proceed with or without his participation. Hiding property is highly discouraged in Colorado and harsh penalties can be applied to the hiding spouse (including payment for the whole of the other sides attorney fees, penalties, and highly unfavorable property... View More

1 Answer | Asked in Divorce, Animal / Dog Law and Family Law for Colorado on
Q: In an unmarried breakup, does having the pet registered as an ESA give that person the right to take the pet in a break?
Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Mar 20, 2017

Usually yes. If the dog is a registered ESA is should be outside of the scope of property (yes, pets are property) divisions.

2 Answers | Asked in Divorce for Colorado on
Q: My German wife of 2 yrs ... able to divorce me from Germany, which she now lives?

She moved back to Germany 4 months ago. We did not finish paperwork in Germany to recognize our marriage. Her Green card expires in June. She never contributed financially & is threatening to take my money. Can she have a German attorney to try to take half of my finances???

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Mar 20, 2017

Your wife should be able to divorce in Germany, however the German court will not have jurisdiction over property in the US. It is possible to transfer an out-of-state (or foreign) order to the US, but this is very rare (and subject to review by US courts). Your wife can also divorce you in the US,... View More

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3 Answers | Asked in Divorce for Colorado on
Q: I need help locating my Ex Husband for spousal support.

I filed for contempt of court on my ex for non payment of spousal support but it was dismissed do to the sheriff was unable to locate him to serve papers. He gave a false address to the courts so he cant be located. What can I do?

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Mar 19, 2017

You can try a private process server (private servers may do a more through search). In the alternative you can seek notice via publication. The Colorado Judicial Branch webpage has forms and explanations about notice via publication. In the alternative you can also hire a lawyer.

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3 Answers | Asked in Divorce for Colorado on
Q: Are social security payments factored in to alimony payments when the spouse files for divorce?

Wife has no income and does not qualify for social security. Husband has part-time job and regular monthly social security benefits. Are the social security benefits factored in when calculating alimony for a pending divorce?

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Mar 19, 2017

Yes and no. SSI is not counted for alimony or specific property divisions. However, the existence of SSI can be considered as part of an overall financial situation of the parties and can indirectly impact awards (just not on a dollar for dollar calculation). Calculations aside, make sure to list... View More

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1 Answer | Asked in Divorce for Colorado on
Q: If an immigrant from Mexico has there resident card and it don't expire for 10 years can they file for divorce
Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Mar 17, 2017

You are not required to be a US citizen or resident to file for divorce. Depending on the nature of your residency, a divorce may impact the ability to renew a residency (this is rare, but should be mentioned to an attorney). If you are concerned about losing your lawful status you can contact an... View More

1 Answer | Asked in Divorce for Colorado on
Q: Is it illegal for my mother in law to open my husband's mail from the courts in regards to divorce without consent

He asked me to file a stipulated motion to dismiss the divorce, and so I did. After having him sign and get it notarized, he sent the paper to me and I did the same. His mother opened his mail, in strictly his name, for when the courts filed and sent him a copy of the dismissal.

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Mar 16, 2017

There is no requirement that official mailing from the court only be opened by the person listed. If the mail is not referred to the relevant parties, it can be an issue (but not for a violation of a law in Colorado). Moving more remotely, there are federal mail tampering laws, but there are broad... View More

1 Answer | Asked in Child Custody, Child Support and Divorce for Colorado on
Q: If I have a 20 year old 16 year old and 15 year old do I have to fight my husband for custody rights?

Could I move out of state?

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Mar 15, 2017

The 20 year is not a factor unless you want to negotiate partial payment of college expenses (allowed, but not required in Colorado). The 16 and 15 year olds will definitely be subject to custody agreements, visitation, and child support (until 19 in Colorado).

Turning to leaving the...
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1 Answer | Asked in Divorce for Colorado on
Q: Does he have more rights because we are common law married?

I've been living with my boyfriend for 4 years, in June. I quite my job last summer to take care of our kids. We are listed as married on our country club membership, I'm a dependent on his health insurance plan, we are both listed on household bills. He requested that we break up and... View More

Stephen J. Plog
Stephen J. Plog pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 15, 2017

The only way he has a duty to support you, potentially, is if you are married, whether common law or otherwise. Some of the examples you give could support the notion of a common law marriage. Just having joint bills or being listed as a dependent does not make you common law married. Those... View More

1 Answer | Asked in Divorce for Colorado on
Q: Can a wife clean out jointly owned property if the ex-husband has been asked and refused to comply.
Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Mar 13, 2017

It depends. If you are subject to a court order (via an ongoing divorce petition or separation agreement), you cannot raid jointly held accounts without court authorization. Note, payment of monthly bills from a joint account is usually ok, provided that you properly account for the withdrawals... View More

1 Answer | Asked in Divorce for Colorado on
Q: Can a wife remove items from jointly owned property a year after a divorce if the ex-husband has refused to comply?
Stephen J. Plog
Stephen J. Plog pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 13, 2017

More information is needed for any attorney to properly answer your question. Specifically, an attorney would need to know what the orders as to personal items, disposition of that jointly owned real estate, etc. As such, the answer at this point has to be, "maybe."

1 Answer | Asked in Divorce and Child Support for Colorado on
Q: If you are giving money to the child instead of the mother does it count toward cs
Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Mar 10, 2017

No, it must go to the mother per a support order. Note, if the court order requires payment to another party on behalf of the child (e.g. a grandparent or other guardian), the money need to go to the other party. In other words, follow the court order on whom, when, and how much.

1 Answer | Asked in Divorce and Social Security for Colorado on
Q: after being married for 22 years, and divorced almost 5, can I claim any SS from my ex husband. I am 55 years old.
Stephen J. Plog
Stephen J. Plog pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 10, 2017

This is a questions probably better suited for either the SS administration or a social security attorney. That being said, my understanding is that if you have been married for a certain amount of time and have paid into SS for 40 quarters on your own, you can elect to either draw SS based on... View More

1 Answer | Asked in Divorce for Colorado on
Q: I am self representing a Colorado divorce case. My ex claims I am not to send any info to his lawyer, b/c he pays her.

I believe, I am to deal with the his attorney because I am choosing to "be my attorney" and the courts would expect me to do what an attorney would do, if I had one.

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Mar 8, 2017

Pro se parties (w/o attorneys) are both the party and the lawyer. You should be sending all the court order materials to the lawyer. You can send a copy to your ex, but you are not required to send them, since he is represented. Technically, only the lawyer and you can negotiate. That is, once an... View More

1 Answer | Asked in Divorce for Colorado on
Q: If divorcing in CO with children, and the spouse lives out of state, can you send papers certified mail?

If it's uncontested, or do they have to be served?

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Mar 8, 2017

They must either be PERSONALLY serviced (not mail) or they can file a waiver of service (see the Colorado Judicial page for discussion of service under "family cases"). Here is the link: http://www.intotolegal.com/upcoming%20Events/Forms.html .

2 Answers | Asked in Divorce for Colorado on
Q: I am looking to get divorced but will need to live in the same house until our lease is up. Can we?
Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Mar 8, 2017

General yes. Either party can seek an injunction to force the other party out, but this is not common and generally requires a cause (e.g. domestic abuse) to force the other party to leave.

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1 Answer | Asked in Child Support and Divorce for Colorado on
Q: If we already have an agreed upon amount for child support do we need to fill out the child support work sheets?

We have been separated (not legally) for 10yrs, and are now getting a divorce.

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Mar 6, 2017

Yes, the worksheet is required. Since the worksheets follow the mathematical formula of the applicable support statute, the support award granted under the worksheet is very important. The statutory (worksheet) amount is presumptively a fair award under Colorado law, so if your agreed upon amount... View More

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