Colorado Questions & Answers by Practice Area
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Colorado Questions & Answers
Q: I want to get a divorce but I want to keep my dog
John Hyland Barrett III's answer
Pets are considered personal property in Colorado. They will be part of your property division. If you do not have an agreement about this with your husband, the judge will have to decide the issue.
Pets are considered personal property in Colorado. They will be part of your property division. If you do not have an agreement about this with your husband, the judge will have to decide the issue.
Q: My husband and I bought a house together, I want a divorce but I don't want to sign a quitclaim deed.
John Hyland Barrett III's answer
You need to deal with this in the divorce. As you state, you will still be liable on the mortgage. You should require him to refinance the house. If this is not possible, require it be sold. You should retain an attorney to represent you in the divorce.
You need to deal with this in the divorce. As you state, you will still be liable on the mortgage. You should require him to refinance the house. If this is not possible, require it be sold. You should retain an attorney to represent you in the divorce.
Q: My dog bit another dog, Can that dog owner have me fined and given a ticket from the animal police?
Kristina M. Bergsten's answer
Yes, if she files a complaint and the police follow through with it, you could end up with charges. It is best to speak to an attorney about defending this case both criminally and civilly.
Yes, if she files a complaint and the police follow through with it, you could end up with charges. It is best to speak to an attorney about defending this case both criminally and civilly.
Q: My wife wants a divorce and broke her vows but I don't and she is filing what can stop her as far as laws
Stephen J. Plog's answer
Realistically, there is nothing you can do to stop a divorce from occurring. Under Colorado law, if either spouse wants a divorce it's going to happen. In your response to the petition you will be served with you can indicate you don't believe the marriage is "irretrievably broken" and that you would like to explore counseling. This might, and I do mean might, delay the proceedings some. It's subjectively up to the judge and I have never seen one really delay things when someone...
Realistically, there is nothing you can do to stop a divorce from occurring. Under Colorado law, if either spouse wants a divorce it's going to happen. In your response to the petition you will be served with you can indicate you don't believe the marriage is "irretrievably broken" and that you would like to explore counseling. This might, and I do mean might, delay the proceedings some. It's subjectively up to the judge and I have never seen one really delay things when someone...
Q: If I have child support from my son's dad and he doesn't report his second job will he be in contempt?
Tristan Kenyon Schultz's answer
Contempt is one possible course of action. You can also motion to attach to the income from the second job or seek a modification based on the unreported income (including interest for retroactive support). You must petition and prove your claims to the court because the court will not investigate or sanction without a motion from another party. If the state is collecting the support, notify the Division of Child Support Services about the issue.
You can file with or without a lawyer,...
Contempt is one possible course of action. You can also motion to attach to the income from the second job or seek a modification based on the unreported income (including interest for retroactive support). You must petition and prove your claims to the court because the court will not investigate or sanction without a motion from another party. If the state is collecting the support, notify the Division of Child Support Services about the issue.
You can file with or without a lawyer,...
Q: If the ex has threatened to take the child and not return him can I with hold the child until we custody agreement?
Stephen J. Plog's answer
Legally, yes. Being married has nothing to do with the equation. If you all cannot come to an agreement, which gets filed with the court and made an order, someone is going to need to file a case. Without orders in place, he could turn around, keep your child, and force you to file something.
Legally, yes. Being married has nothing to do with the equation. If you all cannot come to an agreement, which gets filed with the court and made an order, someone is going to need to file a case. Without orders in place, he could turn around, keep your child, and force you to file something.
Q: Prior family friend who was close to my son demanding visitation. I denied due to her erratic behavior over last 4yr
Tristan Kenyon Schultz's answer
No, POAs and a birth certificate do not automatically confer visitation rights. Visitation ("parenting time" in Colorado) is first reserved to the parents. Under special circumstances other parties (usually grandparents) may have visitation rights. Even then, these rights are not automatic and require specific facts to support a legitimate claim for visitation. The friend may have claim for visitation rights, but she would need to file for a custody determination or reach a private agreement...
No, POAs and a birth certificate do not automatically confer visitation rights. Visitation ("parenting time" in Colorado) is first reserved to the parents. Under special circumstances other parties (usually grandparents) may have visitation rights. Even then, these rights are not automatic and require specific facts to support a legitimate claim for visitation. The friend may have claim for visitation rights, but she would need to file for a custody determination or reach a private agreement...
Q: In the state of Colorado is it eligal to date a 17 year old if I am 22
Tristan Kenyon Schultz's answer
There is nothing illegal in dating a minor. There are potential risks with having sex with a minor (i.e. statutory rape). However, in Colorado statutory rape ends at 17 years old. Note, consent to sex (or lack thereof) is not age related.
There is nothing illegal in dating a minor. There are potential risks with having sex with a minor (i.e. statutory rape). However, in Colorado statutory rape ends at 17 years old. Note, consent to sex (or lack thereof) is not age related.
Q: We moved from TX to CO last summer. How can I move back to TX with my son when we get divorced?
John Hyland Barrett III's answer
Once a divorce is filed, you will need court permission to relocate with your son. Basically, you will have to show that it is your son's best interests to live primarily with you in Texas rather than with his mother in Colorado. You should retain an attorney to advise you how to put yourself in the best position to accomplish this.
Once a divorce is filed, you will need court permission to relocate with your son. Basically, you will have to show that it is your son's best interests to live primarily with you in Texas rather than with his mother in Colorado. You should retain an attorney to advise you how to put yourself in the best position to accomplish this.
Q: Is there a statute of limitations on child support arrears in Colorado for a case in which only the state is owed
Tristan Kenyon Schultz's answer
Assuming paternity has been established (which has occurred if a valid support order already exists), Colorado has no statute of limitations on back support plus interest (a court may reduce the back support if requested by the nonpaying parent AND case-specific facts support a reduction). These support requirements can be transferred (without review) to any state in which the non-paying party resides.
Assuming paternity has been established (which has occurred if a valid support order already exists), Colorado has no statute of limitations on back support plus interest (a court may reduce the back support if requested by the nonpaying parent AND case-specific facts support a reduction). These support requirements can be transferred (without review) to any state in which the non-paying party resides.
Q: Grandmother caught moving money out of my son's bank account what can I do?
Tristan Kenyon Schultz's answer
If the grandmother is a co-signer on the account, she can legally remove (or deposit) money from the account. If you are co-signer too, you can close the account or withdraw the remaining balance and transfer the amount into a new account that does not list the grandmother.
If the grandmother is a co-signer on the account, she can legally remove (or deposit) money from the account. If you are co-signer too, you can close the account or withdraw the remaining balance and transfer the amount into a new account that does not list the grandmother.
Q: Can I get around the publication part of the name change if I had a ex-boyfriend who was molesting?
1 Answer
| Asked
in
Civil Litigation, Domestic Violence and Family Law
for
Colorado
on
Answered on Jul 23, 2017
Answered on Jul 23, 2017
Tristan Kenyon Schultz's answer
Ultimately the judge decides whether or not the publication requirement is required. If you have health/safety concerns, there is a realistic possibility that a judge may waive the publication requirement, but there are no guarantees. If the evidence of molestation is documented and proven (say a conviction) versus allegations (even if they are 100% true), the chances of a waiver increase. Unfortunately, you will not know until you file and have a hearing...
Ultimately the judge decides whether or not the publication requirement is required. If you have health/safety concerns, there is a realistic possibility that a judge may waive the publication requirement, but there are no guarantees. If the evidence of molestation is documented and proven (say a conviction) versus allegations (even if they are 100% true), the chances of a waiver increase. Unfortunately, you will not know until you file and have a hearing...
Q: My dad owed money on credit cards but has since passed on. I recently got a call from a collector about this, but
Tristan Kenyon Schultz's answer
Debt obligations do not terminate with death or notification of death of an account holder. The debt obligations are transferred to the estate of the deceased. Until the matter is resolved, the estate is liable for the debt and collections can (and do) occur. Likely, a probate case will need to be filed (if this has not already occurred).
You may need to hire an attorney to assist.
Debt obligations do not terminate with death or notification of death of an account holder. The debt obligations are transferred to the estate of the deceased. Until the matter is resolved, the estate is liable for the debt and collections can (and do) occur. Likely, a probate case will need to be filed (if this has not already occurred).
You may need to hire an attorney to assist.
Q: If thier was a domestic violence case that never happened my husband was calling from jail da wants to press charges for
Tristan Kenyon Schultz's answer
In Colorado, DV calls result in a lot of automatic responses (e.g. automatic arrests, protection orders, etc.). Your recanting does not eliminate the charge. That is the DA can proceed with the DV with or without your cooperation.
Your husband should hire a lawyer.
Per you other posts, Justia's Q&A cannot provide recommendations on whether to go to trial or not because this would create an attorney-client relationship and a lawyer needs to review the entire case before making...
In Colorado, DV calls result in a lot of automatic responses (e.g. automatic arrests, protection orders, etc.). Your recanting does not eliminate the charge. That is the DA can proceed with the DV with or without your cooperation.
Your husband should hire a lawyer.
Per you other posts, Justia's Q&A cannot provide recommendations on whether to go to trial or not because this would create an attorney-client relationship and a lawyer needs to review the entire case before making...
Q: Can I file for custody without an address?
Tristan Kenyon Schultz's answer
You cannot personally serve her (no exceptions because you are a party to the litigation). You will eventually need an address for the mother for the case with rare exceptions. However, the address can be release after a filing. There are special procedures for notice of difficult-to-find parties in certain circumstances, but based on your facts it is unlikely that a court will allow these alternative means of notification.
It is highly advisable that you see if you can find a home...
You cannot personally serve her (no exceptions because you are a party to the litigation). You will eventually need an address for the mother for the case with rare exceptions. However, the address can be release after a filing. There are special procedures for notice of difficult-to-find parties in certain circumstances, but based on your facts it is unlikely that a court will allow these alternative means of notification.
It is highly advisable that you see if you can find a home...
Q: If I file for bankruptcy, will the government go after my spouse's assets as well as my own?
Tristan Kenyon Schultz's answer
While there are exceptions and certain exemptions, a spouse is usually included in an individual's personal bankruptcy filing. This might be different if the bankruptcy relates to a business. Contact a lawyer for details--expect to pay for the advice.
While there are exceptions and certain exemptions, a spouse is usually included in an individual's personal bankruptcy filing. This might be different if the bankruptcy relates to a business. Contact a lawyer for details--expect to pay for the advice.
Q: I have a three-year contract. Two years in, my company was sold. I want out. Does the sale change affect my obligations?
Tristan Kenyon Schultz's answer
The terms of the contract itself should control the effect of a sale on the parties. The general rule is that the change in ownership does not modify the obligations of either party. In other words, the contract is likely still in effect. If you want to be sure, you will need to hire a lawyer to review the contact.
The terms of the contract itself should control the effect of a sale on the parties. The general rule is that the change in ownership does not modify the obligations of either party. In other words, the contract is likely still in effect. If you want to be sure, you will need to hire a lawyer to review the contact.
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