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Colorado Divorce Questions & Answers
3 Answers | Asked in Divorce for Colorado on
Q: If im married but have been seperater for over 10 years what can I still get from him he never payed child support
Sabra M. Janko
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Sabra M. Janko PRO label
answered on Feb 11, 2021

Technically everything you both own right now is still marital property so you each have an interest in that unless it was obtained before the marriage. You can ask for child support to start from the date of filing if you have children under age 19. You may also be eligible for spousal maintenance.

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1 Answer | Asked in Divorce for Colorado on
Q: I moved here 2016. My divorce finalized in IL 2005. She is seeking legal fees in IL. Can IL law judgement hold here?

Recent legal fees being sought from final court proceedings where my GI Bill benefits were stolen by our 21 year old daughter by Mother's urgings so she could have her semester payment be considered in-state for tuition. Daughter was sub-peoned, but lives in OH and didn't show up to Zoom... Read more »

Sabra M. Janko
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answered on Feb 8, 2021

I am sorry to hear about your situation. Courts are required to afford full faith and credit to orders from another state absent certain situations such as fraud or lack of jurisdiction.

2 Answers | Asked in Divorce for Colorado on
Q: How do I file for divorce if i don't know where my husband is?

I know he went back to Michigan and I know the general area he probably is staying but I don't know for sure where in Michigan he is. He probably also won't sign the papers even if I can track him down to serve him. He said he wouldn't let me divorce him but does he really have a... Read more »

Sabra M. Janko
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answered on Feb 8, 2021

If you make diligent efforts to locate him and can not, then you can request to serve him by publication. The Court could grant a divorce that way, however would not have jurisdiction over financial support or out of state property.

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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Colorado on
Q: Child custody and support questions.

In the divorce paperwork my ex wife stated that our daughter was not mine and I was not the biological father so what rights do I have and can I file charges cagainst her

Sabra M. Janko
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Sabra M. Janko PRO label
answered on Feb 6, 2021

I am sorry to hear about your situation. If your name is on the birth certificate or the child was born during a marriage with her, you are the presumed father. If you would like paternity testing, you can do that privately if you have doubts. As far as charges, it is not likely that you can file... Read more »

2 Answers | Asked in Divorce, Family Law and Child Support for Colorado on
Q: I need a divorce; my ex and I have been married since sept 2018, we have a 2 yr old. what forms need I file

we have no shared bank accounts or assets; we have a 2 year old daughter together so I am interested in what I should be getting for child support or maintenance.

John Hyland Barrett III
John Hyland Barrett III
answered on Jan 26, 2021

Child support is usually determined by the child support guidelines. These guidelines take into consideration the respective parenting time, each party's income, and certain expenses related to the child such as work related child care etc. Maintenance (spousal support) is determined by the... Read more »

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1 Answer | Asked in Divorce for Colorado on
Q: I want to file for Divorce. My husband left me and my daughter since 2009, he left to Mexico and he couldn't come back.

He has never sent any money, they barely have any contact by phone. I just want a Divorce.

Sabra M. Janko
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Sabra M. Janko PRO label
answered on Feb 1, 2021

You can file for divorce. If you do not know where he is in Mexico and can not serve him there, you can request service by publication. The Court would not be able to divide out of state property or order him to pay child support with service by publication though.

1 Answer | Asked in Divorce and Child Custody for Colorado on
Q: Can my ex wife who has had multiple seizures take my kids from me?
Sabra M. Janko
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Sabra M. Janko PRO label
answered on Jan 21, 2021

It depends on whether there is a current order and why she is trying to establish or change parenting time and whether she and you are both fit parents. There are a number of factors that a court considers in determining parenting time.

1 Answer | Asked in Divorce, Family Law and Child Support for Colorado on
Q: Can the non-custodial parent keep all the stimulus check because the court paper let her claim them this year??

The divorce was final in October 2020, she walked out on the family in May 2020, he is the custodial parent. He was a stay at home dad and she left them with nothing. She gets to claim them on taxes per the court paperwork and will not give the kids any of the stimulus money. It doesn't seem... Read more »

Sabra M. Janko
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Sabra M. Janko PRO label
answered on Jan 26, 2021

Generally if the stimulus money was used for household expenses or for the children a court would not require that it be shared.

2 Answers | Asked in Divorce for Colorado on
Q: My husband wants a trial separation. Do we need this in writing legally so it won’t be considered abandoning the marriag
Sabra M. Janko
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Sabra M. Janko PRO label
answered on Jan 6, 2021

You can file for a legal separation, however most people file for dissolution instead. If you want to have a trial separation, you can do that without court action however each of your interests in marital property will continue to accrue.

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1 Answer | Asked in Divorce for Colorado on
Q: How long does my spouse have to serve me after filing divorce paperwork with the court?
Sabra M. Janko
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Sabra M. Janko PRO label
answered on Jan 2, 2021

An initial status conference will be scheduled within 42 days after filing and generally the filing party has to establish service at that time. If service has not been accomplished in that time then the filing party will have to explain why it has not been accomplished and request an extension.

2 Answers | Asked in Divorce for Colorado on
Q: Asking question for my son. Married 20 yrs. Brought a house 3 yrs ago. Works same company 19yrs. She works, pay is cash.

We want to divorce, 16yr daughter wants to stay with dad. We live in Colorado springs. All debts and credits in both our names, if we sell the house, she can have all profit. Will I still have to pay her alimony since she doesn't have a tax paying job? Is she entitled to my 401 from my job.

Sabra M. Janko
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Sabra M. Janko PRO label
answered on Dec 8, 2020

Spousal maintenance depends on the length of the marriage and the income of the parties. if you can establish her cash income or if she admits to it, then that will count. As for your retirement assets, Colorado is an equitable distribution state so all marital assets and debts are to be divided at... Read more »

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2 Answers | Asked in Divorce and Landlord - Tenant for Colorado on
Q: My ex-husband and I were separated when we signed a lease. Are we equally responsible for early termination fees?

We signed a lease together in Boulder, CO while separated. We decided to terminate our lease early while separated and before the divorce judgment was filed in California. We each paid half of the early termination fee. His CA Attorney is claiming that since we were separated, the money my ex... Read more »

John Hyland Barrett III
John Hyland Barrett III
answered on Dec 3, 2020

I do not see this as "spousal support". It may depend on the exact wording of your order for support. You should consult with a lawyer about this.

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1 Answer | Asked in Divorce for Colorado on
Q: When does the marriage/alimony end/begin? Does it start when you file the motion for dissolution of marriage?

We started divorce proceedings by filing paperwork. My wife, shortly afterwards, had multiple psychotic episodes. She's had to be in multiple hospitals and the bills have started to add up. If I go forward with the divorce, she will lose her health insurance which she needs for medication... Read more »

Sabra M. Janko
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Sabra M. Janko PRO label
answered on Dec 8, 2020

If spousal maintenance was requested at the time of filing, it can date back to the time of filing. That means that the longer the delay, the higher a potential arrears could be. If you want her to still be eligible for your medical benefits, then you could pursue a legal separation instead.

3 Answers | Asked in Divorce and Family Law for Colorado on
Q: what does my response need to say if my ex has filed a change of parenting time motion?
Cindy Perusse
Cindy Perusse
answered on Nov 11, 2020

That answer depends entirely on what she said in her motion and the reasons she is asking for a change. There is no short answer to this question. You will need to consult with an attorney if you want to successfully challenge her motion.

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2 Answers | Asked in Child Custody, Child Support and Divorce for Colorado on
Q: Are braces for a child covered under child support?
John Hyland Barrett III
John Hyland Barrett III
answered on Oct 22, 2020

This depends on your child support order. You should have a lawyer review yours and advise you.

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1 Answer | Asked in Contracts, Divorce and Family Law for Colorado on
Q: How to take an ex common law marriage partner off your child birth certificate?

We were common law married only thing we had with each other is the birth certificate I want to relinquish her rights to my child and have sole custody but she can have visitation

Sabra M. Janko
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Sabra M. Janko PRO label
answered on Nov 16, 2020

You can file a motion for allocation of parental responsibilities to set forth custody, however you can not take a parent's name off of the birth certificate.

1 Answer | Asked in Divorce for Colorado on
Q: Sister in law has filed for divorce, her husband has blocked her access to funds, how can this be restored?

My sister in law has filed for divorce after significant domestic violence and arrests of her husband. Her husband has blocked her access to bank accounts and credit cards and has no money to live on, how can her access to marital property and funds be restored so she can live and pay bills until... Read more »

John Hyland Barrett III
John Hyland Barrett III
answered on Sep 30, 2020

She can ask the court for temporary maintenance. She should get a lawyer to help her.

1 Answer | Asked in Child Custody, Divorce and Family Law for Colorado on
Q: My wife filed for divorce and is refusing to let me see our 11 year old son. Yesterday after I emailed her if we could

sit down and come to a fair and agreeable parenting schedule, she filed a restraining order against me, essentially eliminating any contact with my son. The court date for the protective order is Oct. 8.

What options are available to have this bogus order lifted prior to the Oct. 8 court... Read more »

John Hyland Barrett III
John Hyland Barrett III
answered on Sep 22, 2020

It is probably not possible to get it lifted before the hearing. You need to be prepared for the hearing and should get a lawyer to help you with this.

1 Answer | Asked in Divorce for Colorado on
Q: Divorce question

We have a house in both our names, I have the mortgage alone. I want to buy her out and keep the house, she wants to sell and split the proceeds. Who wins this?

John Hyland Barrett III
John Hyland Barrett III
answered on Sep 18, 2020

A judge could go either way on this. There is no good reason for her to take that position IF the pay out to her would be the same. If there is a dispute regarding the value of the house, the judge could decide to order a sale. You should get a lawyer to help you with this.

1 Answer | Asked in Divorce for Colorado on
Q: Is it legal for my husband to have his sister sign and mail his response for service form 1103?

I filed for divorce on September 2, 2020. My husband mailed the paperwork to his sister in Texas who then filed in the blanks, signed and mailed to me. I will assume that a response was also sent to the court.

John Hyland Barrett III
John Hyland Barrett III
answered on Sep 14, 2020

No, this needs to be signed by your husband. You can have it stricken.

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