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Colorado Divorce Questions & Answers
2 Answers | Asked in Divorce and Family Law for Colorado on
Q: I need a divorce attorney but I’m broke. I’m being blackmailed by my ex and her lawyer boyfriend. What can I do?
Christopher N. Little
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Christopher N. Little
answered on Jun 8, 2023

I am very sorry to hear about your circumstances. Understanding that this is likely one of the most difficult and vulnerable times in your life, I sincerely applaud you for taking the first step in seeking out help.

It is difficult to find good pro bono family law attorneys, especially in...
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1 Answer | Asked in Divorce for Colorado on
Q: I have been separated for 5 months and no longer living in the home. Am I legally responsible for half the mortgage.
Sabra M. Janko
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answered on Jun 3, 2023

You legal liability arises in the mortgage agreement with the bank if you are on the loan. If you have filed for legal separation or dissolution, under Colorado law then you are expected to maintain the status quo as established during the marriage with regards to payments.

1 Answer | Asked in Civil Litigation, Divorce and Family Law for Colorado on
Q: What determines common law marriage in the state of Colorado? We bought a home and were together for 9 years

I filed for divorce and his attorney filed that we are not common law married.

Michael Joseph Larranaga
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answered on Jun 5, 2023

Common law marriage is a complex question that you should hire an attorney to help you address. You typically need to be together for a certain amount of time and hold out as married such as wearing wedding rings, calling each other husband and wife, and so on. Each state is different, hence the... View More

2 Answers | Asked in Divorce and Family Law for Colorado on
Q: Would a finalized, sealed divorce decree in CO affect me getting married?

My Fiancé and I are both former military, and my Fiancé told me we have to wait to get our marriage license because their divorce decree was sealed. From my basic knowledge, as long as it is finalized, you're allowed to be able to remarry, so it being sealed should have no bearing on us... View More

Christopher N. Little
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Christopher N. Little
answered on Apr 24, 2023

You ask a very interesting question, I would be happy to weigh in.

It sounds like your fiance was previously married and a party to an action to dissolve that marriage. The act of sealing an order of the Court does not usually have an impact on its legal weight. That means that the document...
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3 Answers | Asked in Divorce, Estate Planning, Family Law and Real Estate Law for Colorado on
Q: I got offered a buyout amount for a jointly-owned condo in Estes Park Colorado, I was wondering if it is fair and just.

The value of the property is $395,000 In the amount owed is $330,000 and the net value equity is $65,000 and the outstanding debt is 20000 and the down payment was 12,000 which was paid in full by my wife and they are offering me 5,000 for to buy me out and they offering me a chance for me to not... View More

Michael Joseph Larranaga
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answered on Apr 21, 2023

Good morning,

I think this is better posed as a math question. There are allot of factors to this question that are not shown here including your risk tolerance, the cost to sell the house, the real FMV. I would think 1st you would need to establish if there is a presumption that you are...
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2 Answers | Asked in Divorce for Colorado on
Q: How to address inconsistancies in other parties Sworn Financial statement. Not provided pertinent supporting docs
Christopher N. Little
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Christopher N. Little
answered on Apr 8, 2023

Hi There!

You ask an excellent question - as you can imagine, inconsistencies in Sworn Financial Statements and pertinent financial disclosures happen all of the time in domestic relations actions. To be really clear, there are many ways to handle this situation and there is not a...
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3 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Colorado on
Q: What is a reasonable time for one parent to submit receipts/statements to request reimbursement for extraordinary expens

There is an order for reimbursement within 30 days, yet other parent waits up to 1 1/2 years to submit receipts for repayment for child's medical care. What, if any, is an actual and acceptable time frame? Not to mention multiple duplicate statements with no proof of payment or prior conferral.

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

Hi There!

I am sorry to hear that you are going through this. I know that co-parenting with an ex can be difficult, and the financial relationship that you two now share is oftentimes wrought with strife, frustration, and consternation. Assuming that your Orders (the parenting plan and the...
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3 Answers | Asked in Divorce and Family Law for Colorado on
Q: Does a qdro need to be done before a judge signs a divorce decree in Colorado?
Christopher N. Little
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Christopher N. Little
answered on Apr 3, 2023

Good Afternoon,

You ask a great question! In most cases, there is no statutory prerequisite concerning QDRO's that have to be met in order for the Court to enter a Dissolution of Decree of Marriage. Many times, a Separation Agreement (the agreement that details the manner and methods...
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1 Answer | Asked in Divorce, Family Law and Child Custody for Colorado on
Q: Can my ex who im still married to keep my kids from me even if only one of the 2 are his biologically
Sabra M. Janko
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answered on Apr 4, 2023

He can only keep the biological child from you if he believes that you are endangering the child. In that case, if you disagree, you will want to file for child custody or file for a modification if you already have a custody order.

1 Answer | Asked in Divorce for Colorado on
Q: Can my wife file child support on me if she left me and started talking and having sex with someone we’re still married

My wife left me and started talking to someone else and having sex with them while I moved out cause I knew something was going on but I still was paying half the bills until I found out about her affair so now she’s talking about putting me on child support but I get my kids for half every week... View More

Sabra M. Janko
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answered on Apr 4, 2023

Child support is the right of the child so she can request that you pay child support.

1 Answer | Asked in Divorce and Family Law for Colorado on
Q: In the state of Colorado can you hold someone in contempt by a legal separation or only divorce?

My supposed to be ex-husband filed legal separation instead of divorce. He is now in contempt per separation papers from July of 2021 to remove me off the loan w/ refinance.

The whole process has been a year and a half. Now that I've done some looking into it because he has stopped... View More

Steven  Visser
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Steven Visser
answered on Feb 14, 2023

Having someone held in contempt of court would be for violating court orders. Whether it is a legal separation or a divorce does not matter. The key question in this situation is how long did he have to remove you from the title of the truck per the court order. If he has failed to do so by the... View More

3 Answers | Asked in Divorce and Family Law for Colorado on
Q: Is it legal in State of Co. within divorce proceedings ( a 50/50 state) to have one spouse desire to buy out the other

using the bank re-fi value verses the fair market value?

John Hyland Barrett III
John Hyland Barrett III
answered on Feb 13, 2023

Colorado is not a 50-50 state. Marital property is divided "equitably', meaning "fairly', not necessarily "equally'. However, parties have great leeway in determining how to do a property division if they agree on it. The court will approve it so long as it is... View More

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2 Answers | Asked in Divorce for Colorado on
Q: I got divorced, was to have my equity by12/30/22. She is finally selling the house. Do I have any recourse for delay?
Rebecca Pescador
Rebecca Pescador
answered on Jan 27, 2023

From a legal perspective, this isn't a very long delay. So the answer would depend on a couple of factors.

First, how does your Decree read other than when she was to pay the equity? Is there any language about indemnifying you from harm? If so, that would be useful. If there...
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1 Answer | Asked in Divorce, Family Law and Child Custody for Colorado on
Q: How does custody work when your child is only 15 months old and can't voice any kind of personal parental preference?

I am still currently married to my wife and we have a 15 month old daughter that we both love dearly and want the best for, but I am at my breaking point in regards to my relationship with my wife. She is not the woman I married and I fear that staying married to her will not only keep me... View More

Brock Richard Wood
Brock Richard Wood
answered on Jan 1, 2023

Hi, James. I am sorry to hear about your unhappiness. Hang in there.

The question you ask is "How does custody work when your child is only 15 months old". The age of the child is a factor that the courts in Colorado consider when allocating "parental...
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1 Answer | Asked in Divorce and Family Law for Colorado on
Q: What happens if my ex doesn't follow the separation agreement that is part of the final orders in our divorce decree?

In Colorado, my ex agreed in the separation agreement to pay me half of the mortgage since his name is on the house too. The separation agreement is part of the final orders of our divorce decree. Now he's saying he's not going to pay it. Isn't that a violation of a court order, and... View More

Rebecca Pescador
Rebecca Pescador
answered on Jan 25, 2023

If your final orders say that he is to pay 1/2 of the mortgage and he is not doing so, then yes, that is a violation of the orders. Yes, you can file a motion for contempt.

Remember that when you file contempt you need to be able to prove 4 main elements: 1) there was an order requiring...
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1 Answer | Asked in Divorce for Colorado on
Q: My x's attorney filed pattern and non pattern interrogatories at 11:30 the night before they were due. can I not comply
Christopher N. Little
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Christopher N. Little
answered on Dec 27, 2022

Hi There,

That is a great question and in many circumstances your thoughts about non-compliance are insightful. However, as long as they were filed on the final day they were due, even at 11:59pm, then they are timely. I wish you only the absolute best.

Please note (rules of ethics...
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1 Answer | Asked in Child Custody, Divorce and Family Law for Colorado on
Q: I have a friend whose wife is an alcoholic and has been having an affair. Is there anything that can legally be done?

She has been having the affair for the last few months. Staying out all night, not coming home until the morning smelling of alcohol. They also have an 8-year-old child together who has witnessed her behaviors. She has also been neglecting the child. The child keeps asking for his Mom who has... View More

Sabra M. Janko
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answered on Dec 21, 2022

It depends on what he wants. He can get divorced or he can see if his Wife will agree to treatment. It is unclear the nature of the neglect. Just being gone while someone else is caring for the child is not neglect. It is not likely that she will be prosecuted for adultery.

2 Answers | Asked in Divorce and Family Law for Colorado on
Q: Is a wedding performed by an officiant in Colorado binding if the marriage license is never submitted to the state?

My girlfriend and I planned a small wedding with an officiant we had hired. A few weeks before the wedding I started having second thoughts and told her that I couldn't go through with it. We eventually agreed to go through with the ceremony and have some photos taken so her family in another... View More

Sabra M. Janko
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answered on Nov 9, 2022

If you held yourselves out as spouses then you could be considered to be common law married in which case you would need a state proceeding to dissolve the marriage.

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1 Answer | Asked in Divorce and Real Estate Law for Colorado on
Q: My husband and I both include our residency at his inherited property in texas is it considered shared?

We are military and both technically reside at my husbands property in texas however he inherited the property, in addition we paid the taxes this past year out of my saving and will be paying the taxes out of his account this next year, but we both use the account? It sounds to me like it’s to... View More

John Hyland Barrett III
John Hyland Barrett III
answered on Nov 7, 2022

This sounds like it is his separate property. However, any increase in the value of that property that occurred during the marriage is marital property, subject to an equitable division (meaning "fair'", not necessarily "equal"). You should get a lawyer to help you with this.

3 Answers | Asked in Divorce and Family Law for Colorado on
Q: My husband says the money in the bank account isn’t mine

I’m a military spouse and I’ve never had my name on the account my husband and I both use. This is because we wanted credit scores esperares and also we’d have to practically jump through hoops to add me. If we separate are all the bank accounts considered shared since we both spend money out... View More

Michael Joseph Larranaga
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answered on Nov 9, 2022

It is more complicated than that. If the money has co-mingled during the marriage it may be considered marital property. It is possible to have separate non-marital property but safeguards need to be put in place. You should talk to an attorney to help you make that determination.

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