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answered on Mar 3, 2017

Under Colorado statute, there are two main bases for invalidating a pre-nup. If there was not proper financial disclosure, as required by statute, and certain cautionary language (for ones done after and including 2014), then the agreement can be invalidated. Additionally, an agreement can be... View More

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answered on Mar 3, 2017

In a technical sense, your dad is someone over 18 who is not a party to your case and could serve her. However, if she ever raises the issue of whether she has been served, the fact that he is your family member could be called into question from a credibility standpoint. We generally discourage... View More

You can use it during the divorce unless you are prevented by court order. You can also request the car as part of the divorce settlement regardless of who was actually on title (in Colorado any titled property is presumed jointly owned regardless of names listed between spouses--note, some... View More

I recommend contacting a family lawyer near you to get advice. Here are some basics so you can communicate with that lawyer as to what you are seeking.

The marriage is prohibited by Colorado law because it is bigamous (meaning, one spouse is still legally married to someone else).... View More

You will have to contact a family law attorney for a specific discussion of your situation, but here are the general guidelines.

With a 45 year marriage you have the potential to receive alimony for many years (spousal support in Colorado), but there are multiple factors required by... View More

Repeat question. See prior answer.

Yes, there is a potential that one spouse pays for both sides of the divorce. Note, this requires both inability to pay by one spouse and ability to pay for both by the other spouse. Payment of legal fees is a discretionary matter (unless one side purposefully delays or hinders the required... View More

Your reading is correct, but the exact timing of cases is always hard to predict. Timing really depends on the case. The length depends on the number of hearing that are required (i.e. emergency hearing and/or temporary order hearings). There can also be delays if experts are used, a party requests... View More

You can have a private agreements, but without a court order there is no means of enforcement. That said, if you both agree on all terms you can file for divorce/legal separation in a non-contested manner (this means significantly lower costs and usually no court appearances).

I assume... View More

If the alimony is part of the separation agreement, you are required to pay until the term ends. Colorado does not automatically terminate alimony on remarriage, living with someone or receiving support from another person(s). However, these factors may allow a reduction in alimony. If alimony was... View More

Absent an agreement by you or court approval, this would be a violation of the injunction on non-approved transfers of property from the marital estate that was put in place when you filed. Regardless, the home should appear on his sworn financial statement (both parties are required by law to... View More

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answered on Jan 26, 2017

I'm not sure specifically what you are asking? He has to be served. If he refuses to be served you might file a motion for service by publication. If he is not served in one form or another the case will not proceed. If he is served and then fails to file a response or take part the case... View More

You can leave the state without court approval. Be aware that because the divorce proceedings are still active you still need to appear. If you have a lawyer, you can appear for most of the proceedings via phone (this is not the preferred method and there is some court bias towards this, but there... View More

For the agreement, until a document is signed/notarized and approved by a court, any agreement is not locked. The text is evidence of an agreement (and can be admitted to evidence as a prior agreement/performance), but private agreements can always be modified in a court filing (there are some... View More

DV against a spouse charges are not considered in custody determination beyond the following situations:

(1) restraining orders (PO) may require the use of neutral 3rd party locations for child exchanges;

(2) the DV is related to one or all the children (or there is alleged sexual... View More

You can request another magistrate, but the chances of getting another judge are low (unless you live in a large county (e.g. Denver) where there are several magistrates.

I do not understand how your modification would be dismissed because your ex refused to participate in mediation. Your... View More

Unless there is a pre-existing custody agreement or a pending custody/divorce proceeding, it is not illegal or improper for a parent to leave the state. If something was in place (custody agreement or litigation) Colorado courts would likely still allow the move, but would likely modify the... View More

If there is no custody order in place you are not required to let him see the children. This will likely change via permanent or temporary custody determinations if either a divorce is filed or a custody/visitation motion is filed. While you are required to comply with a court order, without a... View More

What the...?! I am really surprised that there is not end term or end amount of money attached to spousal support. If this is correct, you will need to file for a modification of the decree. Unless the contractual terms were intentionally left open (which a court may not enforce), you can... View More

Contact the mediator. If you moved for the modification you should be listed as the petitioner (regardless of how you were listed on the original decree). In other words, I think that the mediator correctly stated that your ex (the respondent) did not participate. If there is an error, the mediator... View More