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Colorado Divorce Questions & Answers
1 Answer | Asked in Divorce and Health Care Law for Colorado on
Q: How soon after a divorce can my kids and I receive Medicaid?

My husband makes a good living, but I am a stay at home mom and will need health care. I don't want to leave any lag time so that I get charged the fine.

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Oct 3, 2016

Healthcare should be covered under the separation agreement and custody agreement. For the minors it is totally reasonable to request that the father pay for their healthcare costs (esp. if he is historically the breadwinner--this request will likely reduce potential alimony requests). For you,... View More

1 Answer | Asked in Child Custody, Divorce and Family Law for Colorado on
Q: Do court ordered visitation agreemants stop after a child has reached 18?

I had my visitation time taken away from me do to a hot UA. But I am now clean and have been for 5 years. My daughter is turning 18 and wants to see me as soon as she can. Is this possible? Her brother is turning 17 and would also like to see me. How do I go about this?

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Sep 29, 2016

Review your custody agreement. At 18 there is nothing preventing an adult (which your daughter is at 18) from having contact with you (assuming no restraining order is still is place). For the 17 year old, the answer is probably not, unless the other parent consents. You can seek a modification for... View More

1 Answer | Asked in Divorce for Colorado on
Q: When I got married my husband was already married in Mexico .how can I get divorced

I belive he still married in Mexico .he currently lives there and I cannot get ahold of him.we got married in California and then later he confessed he was already married in Mexico .what can I do

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Sep 21, 2016

Your situation is not common, but there are procedures in place to correct the error.

You can file for divorce in Colorado (even if your ex has never been to CO) if you have lived in Colorado for at least 91 days (6 months if children are involved). You can get a divorce in Colorado, but...
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1 Answer | Asked in Consumer Law and Divorce for Colorado on
Q: Can I keep a life ins policy on my ex wife if she says i cannot?

I have had the policy since we were first married 23 years ago and want to keep it as one of the children is special needs and she got the house and I signed a quit claim deed.

The policy would go a long way towards paying the mortgage down in she passed.

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Sep 8, 2016

Generally speaking, you do not need consent to have a life insurance policy on a person provided that you solely pay for premium (it is theoretically possible to take out a policy on a total stranger that you have never met). Be aware that if you sign a separation agreement that agrees to not... View More

2 Answers | Asked in Divorce for Colorado on
Q: I have been divorced for 28 yrs. In the divorce decree it was ordered that I receive $1 per year in alimony. I didnt

Receive alimony at the time but now I am in financial hardship and I am wondering if I can get alimony now. I never remarried.

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Sep 5, 2016

The chance of successfully increasing your alimony payments is very, very low. You can contact a family law attorney, who can review your specific circumstances.

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2 Answers | Asked in Divorce, Family Law and Child Custody for Colorado on
Q: I have a younger friend who's parents got recently got divorced. Can she seek for her mother to have physical custody?

I have a younger friend who's parents got recently got divorced. Can she seek for her mother to have physical custody?

"Courts now weigh the best interests of a child in making their custody decisions by considering the physical and mental health of the parents, their ability to... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Aug 23, 2016

This matter is best handled between the parents. Your friend should inform one of both of her parents of her wishes. Be aware a child's desire is a factor that a judge will consider, but there are a lot of other factors. In other words, if joint custody is the way the judge is leaning, the... View More

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2 Answers | Asked in Divorce, Family Law and Child Custody for Colorado on
Q: Can I keep my son?

Was divorced in 2014 my son stays with ex our daughters stays with me. Divorce took place in Colorado. We have joint decision making which has never went well. I still reside in Colorado my ex now resides in Texas with son. My son who is 15yrs old is now visiting for the summer and does not want to... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Aug 23, 2016

Contact a family law lawyer. I leave the choice to you on whether you want to not follow the parenting plan (i.e. keep the child until adjudication is complete). For your general information, a parent may violate a parenting plan if there is a reasonable belief that the child's health and... View More

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1 Answer | Asked in Divorce for Colorado on
Q: Verified vs Unverified Motions

Verified vs Unverified Motions

1. I filed a pro se Unverified Motion To Enforce Parenting Plan, To Modify Parenting Plan & To Modify Parental Responsibilities.

However, without specifying that they must be Verified, C.R.S. 14-10-129.5 seems to apply only to Verified motions.... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Aug 19, 2016

You need to contact an attorney. Verified mean that the document/evidence is notarized; unverified means that the document is not notarized. All initial filings require a notary (the clerk usually does it after you pay the filing fee). As for the response, there are too many possibilities to give a... View More

2 Answers | Asked in Criminal Law and Divorce for Colorado on
Q: How do I find out about warrant issued over a year ago. What case this involves
Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Aug 8, 2016

The easiest method is to contact the police department that issued to warrant. If you do not want to contact the police there are services on the internet that can find outstanding warrants and may provide supporting information. A criminal defense attorney can also find out for you, but this is... View More

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1 Answer | Asked in Divorce for Colorado on
Q: My home and the location from where I file my taxes is in Colorado, but my job requires I have a New Mexico drivers lic.

I also have a New Mexico address. Can I still file for divorce in Colorado, or do I have to file for divorce in New Mexico?

Stephen J. Plog
Stephen J. Plog pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 12, 2016

If your primary home is in Colorado you can file here. Even if you have a NM license, you live here and should be fine to file for divorce. You must have been residing here for 91 days or more, which I presume you have.

2 Answers | Asked in Divorce for Colorado on
Q: Does my ex legally have a right to know my address if she keeps my children from visiting me per our agreed schedule?
Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Jul 8, 2016

You will need to contact a lawyer directly for this type of question. There are too many variables to give a single answer. As a general rule, both parents are required to provide current addresses where the children reside or are domiciled. There are some exceptions which may apply.

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2 Answers | Asked in Divorce for Colorado on
Q: My son is 18 and a half. Im not sure how to file for divorce in Colorado. Do I file "with children" or "without"?

My son is not in school full time.

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Jul 2, 2016

Check with the clerk when you file, but as a general rule you should file "with children" (child support can continue to 19 or older if disabled). It is possible that the child will reach 19 before the divorce is final, but retroactive child support may still apply. If you have even... View More

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2 Answers | Asked in Divorce, Family Law, Child Custody and Domestic Violence for Colorado on
Q: I am in need of a Parental Responsibilities Evaluator, but I do not have the money to get one. Are there grants or probo

Please just email me. this won't let me explain my issue. I need help finding a grant or a pro bono Parental Responsibilities Evaluator.

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Jul 1, 2016

There are no programs for PREs. You likely will never be able to find a PRE that works for free. PREs are hired guns and usually charge between $5,000-$15,000 for an evaluation. CFIs (court family investigators) are a less expensive option (statutorily they cannot charge more than $2,000 without... View More

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2 Answers | Asked in Divorce for Colorado on
Q: what should you do if you send divorce papers to your ex but he never returns them to court
Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on May 20, 2016

If your ex is not participating you may have a default divorce. If it is too late in the process for a default, then you should continue to file your materials and send the notices to your ex. If he does not respond and does not appear at the hearings, the judge should grant you your divorce... View More

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2 Answers | Asked in Divorce and Family Law for Colorado on
Q: In divorce/custody case, will the judge take in consideration my daughter's opinion?

My daughter is 7 years old, will she be part of the trial? Will her opinion be taken into consideration, to whom she prefers? Currently she is visiting her dad on the weekends, not every weekend, because it is her decision she does not want to go over to her dad's house. She is not happy to go... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on May 20, 2016

Yes, a child's opinion will be considered (and is usually given considerable weight). The older the child, the more weight their opinion; at 7 the weight will be medium. The judge, and rarely the parties, will usually ask a lot of surrounding questions (e.g. what do you do with your... View More

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2 Answers | Asked in Divorce and Family Law for Colorado on
Q: Colorado retroactive if father denies a change in physical care occurred.

Is there a way to prove a change in physical care occurred if I have received food stamps for my child for past 5 years, even if my ex denies that my daughter has lived with me in order to keep me from getting retroactive child support?

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on May 11, 2016

First you have to prove that physical change occurred, then you can pursue retroactive support.

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2 Answers | Asked in Divorce and Family Law for Colorado on
Q: RE previous question :Am I able to ask for retroactive again if he goes after me for back support?

RE: I was ordered to pay child support in 2005 of 150.00. I never paid anything, but my daughter came to live with me in 2010. I just got the oder for modification from the courts ordering I get 600 /m backdating to Jan 1, 2016. It says that arrears were not addressed. Does this mean I will owe... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on May 11, 2016

Yes.

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2 Answers | Asked in Divorce for Colorado on
Q: So I was married before and got married to my new husband before my divorce was finalized is my marriage valid now?

Need to file for papers for my husband thru immigration will this be a problem because my marriage date is before my divorce date??

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on May 5, 2016

It may be a problem. It can be corrected. Colorado would likely allow the marriage as a "putative spouse". Be aware the second marriage date will be after the final divorce decree was entered. Since, you will be filing with USCIS, the marriage needs to be clear of all defects. I suggest... View More

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1 Answer | Asked in Divorce for Colorado on
Q: Colorado. Will my great grndmthr’s college ed trust fund 4 my 2 college kids b financially considrd n my favor n divorce

Colorado. My husband and I are in our only marriage, of 26 years, and thinking of divorce .

My grandmother left a trust fund to pay for all her blood great grand children’s college education.

Therefore, our two children, who are currently in college, do not have to pay, or take... View More

Stephen J. Plog
Stephen J. Plog pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 26, 2016

If the trust is set up for grandchildren as beneficiaries a court would not wonder this to be marital property and it should have no bearing on the division of marital property or funds in the divorce.

2 Answers | Asked in Divorce for Colorado on
Q: I have remarried. I receive alimony. I live in CO. Am I suppose to inform him and tell him he doesn't pay anymore?

Or do we need to file something with the court? It states in agreement it ends when married. I do not speak to him. So I was going to send a letter which might mean an extra payment is made. Does he have to know the exact date, etc.

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Apr 22, 2016

You have to file with the court to terminate alimony. The form is short and you will want a copy of your current marriage certificate. After the form is filed with the court, you will need to mail the notice to your ex. Do not cash the check (if you receive one) for the extra payment (I recommend... View More

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