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Colorado Divorce Questions & Answers

1 Answer | Asked in Divorce for Colorado on

Q: Can a 21 year old CO divorce case be reopened for my ex to come after my retirement? Decree says she doesn’t get it.

My ex wife and I got divorced 20 years ago. At the table with our two attorneys she agreed to waive her rights to any of my retirement account and at the time I had less than ten years contributing. The court papers say this is “permanent and irreversible” or something like that. Married seven... Read more »

Sabra M. Janko answered on Jun 8, 2019

An attorney would have to review your agreement in order to know what your legal rights and obligations are. Typically if she waived sharing in your retirement, then she could not reopen the matter to ask for it. Sometimes decrees do allow for requests at a later time when the retirement amount is... Read more »

1 Answer | Asked in Divorce for Colorado on

Q: Due to jobs, we lived in separate states when we were married and continued to do so for the duration of the marriage.

We are divorcing and, as part of the divorce agreement, my soon-to-be ex wants me to pay her for money she spent during the marriage: air fare, rental cars, money she contributed toward a custody issue with my child, and toward basic bills etc. Is this something that a judge would agree with?

Sabra M. Janko answered on Jun 8, 2019

In a divorce, you will divide marital assets and debts. It is unclear why your spouse would want you to reimburse her for money that she spent during the marriage unless you had some agreement to that effect.

2 Answers | Asked in Child Custody, Divorce and Family Law for Colorado on

Q: Time with my daughter.My names on birth certificate and no custody case yet she refuses to let me see her. Is that legal

Hoping to find help so i can see my daughter again and hopefully get split custody. Her mother and I are still married, my names on the birth certificate. i was forced out of my daughters life by wife when we split. There is no custody case saying where my daughter is supposed to be. She refuses to... Read more »

Sabra M. Janko answered on Jun 8, 2019

I am sorry to hear about your situation but you can make a change. You can file for an Allocation of Parental Responsibilities so that you can set a schedule for childcare and parenting time. Your spouse should not be preventing you from seeing your child absent concerns about the welfare of the... Read more »

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2 Answers | Asked in Divorce and Real Estate Law for Colorado on

Q: My ex-wife was on my deed under her maiden name but filed a quitclaim deed under her married name. Do I need to amend?

I am going to refinance my Colorado house but the title company says I have to amend my quitclaim since the deed was originally under my name and her maiden name. The quitclaim deed was signed under her married name. I have no idea where my ex-wife is to file an amended quitclaim deed. If I need... Read more »

Donald C Eby answered on Jun 4, 2019

It is a little difficult to clearly understand the chain of title here. But, generally the seller must sign exactly as he or she took title. If that did not occur the title company may refuse to issue a title policy for a transaction now. The only way to cure is to file a corrective deed which... Read more »

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1 Answer | Asked in Divorce for Colorado on

Q: Does i need to wait for a divorce to finalize or at what point during a divorce can i go back to my origin country ?

We where married for 14 years, i am a German citizen, we have a 12 year old son together, we agree on all terms and we not ask for any financial support from each other.

John Hyland Barrett III answered on May 15, 2019

You can leave whenever you want. However, you may want to wait until the divorce is over in case you need to make any court appearances. Also, you can not take your child with you without written permission of the other parent or an order of the court. You should get a lawyer to help you with this

1 Answer | Asked in Divorce for Colorado on

Q: I'm about to get a divorce from my wife. I started a business a few months ago that is solely in my name as a LLC

with it's own bank account that I pay myself on the payroll and one other full time employee. Will my wife have access to money in this account with it being a new business and has plenty of debt owed from purchasing two vehicles and other necessities? Or is the business completely separate from... Read more »

John Hyland Barrett III answered on Apr 3, 2019

Your ownership interest in this business is marital property, subject to an equitable division by the court. It may be that the business has no value. You should get a lawyer to help you protect your interests.

2 Answers | Asked in Divorce for Colorado on

Q: I'm currently in the beginning stages of a divorce. My wife got an attorney to file and initiate the paperwork that

Was served to me even though I wanted the divorce. They keep asking me to sign a waiver and submit my financial information, "to come up with a fair plan,"

and make it a simple process. We have no kids, so it's just a matter of debt and equity of a house. Does this sound like a strange that... Read more »

Courtney Edwards answered on Apr 3, 2019

Signing a waiver will alleviate the need to have you served by a Sheriff. They could have had you file jointly but sounds like this isn't the route that was taken.

Regarding your financials- the both of you will have to fill out and file a Sworn Financial Statement. That is what they are...
Read more »

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1 Answer | Asked in Divorce and Military Law for Colorado on

Q: My ex-wife was awarded 45% of my military pension when we divorced in 1997. She remarried sometime in the 80’s.

Am I required to still pay the alimony as she has remarried?

John Hyland Barrett III answered on Apr 2, 2019

This depends on the terms of your divorce decree. Usually, alimony stops upon her remarriage. However, the division of your military pension is not alimony. It is part of your property division. Those terms would not change upon her remarriage. you should have an attorney review your decree and... Read more »

1 Answer | Asked in Divorce, Family Law, Domestic Violence and Elder Law for Colorado on

Q: I am a disabled senior married 33+ years and the injured spouse. I need to filled divorce now, she has taken all & moved

I have been taken care of most of those yrs. WIfe is breadwinner and has $200,000 to $400,000 in assets. I been living on st and hotels over a yr, no car or health insur or any of our or my things. She moved and took everything we had. I just want my life back or at least part of it. We lived... Read more »

John Hyland Barrett III answered on Mar 25, 2019

Lawyers in Colorado are not allowed to do divorces on a contingent fee basis. It is possible that the court could order her to pay some of your attorney fees.

1 Answer | Asked in Divorce for Colorado on

Q: My husband has been treating me bad and finally he did not come home I threw him out and he drained the money

I have medical issues and I can not get my meds

John Hyland Barrett III answered on Mar 19, 2019

If you were to file for a divorce, the court can enter orders for maintenance (alimony). However, that will take some time so you need to figure out a way to handle your immediate needs. Also, you should get a lawyer to help you if you file for a divorce.

1 Answer | Asked in Divorce for Colorado on

Q: In divorce can one spouse get the house when both names are on it. One of them pay 100% of househoud bills.

Hello, my sister is getting ready for her final divorce. Her husband still stays at the house. He has cocaine and other hard drugs at the house and comes and goes at weird hours. They have 2 little kids. She pays the mortgage and all bills for the house. She wrote in her paper work she takes... Read more »

John Hyland Barrett III answered on Mar 18, 2019

The judge can award the house to either party as part of the property division. The judge can also order the house sold and the proceeds divided accordingly. Your sister should get a lawyer to help her with the custody, child support, and property division issues.

2 Answers | Asked in Divorce, Family Law, Real Estate Law and Probate for Colorado on

Q: if a wife leaves the home "joint tenancy" then husband passes is wifes new common law husband entitled to the property

my mom committed adultery and left the marital home owned in joint tenancy 6 years prior to my dads death, my mom passed away 6 years later, both names are still on house deed/mortgage, they have 3 adult children, (neither had a will) moms boy friend claiming common law husband is trying to take... Read more »

John Hyland Barrett III answered on Feb 28, 2019

Since the house was owned in joint tenancy, your mother became the sole owner upon your father's death. Upon her death, it passes to her children if she did not have a will, and was not married. However, if she was married at the time of her death, it passes to her husband. Her "boyfriend" would... Read more »

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2 Answers | Asked in Divorce for Colorado on

Q: My wife hand delivered a petition for divorce. I executed an Acceptance and waiver of service. What starts the calendar

Is it the initial service date or the date I signed and delivered the waiver back to her and her attorney?

Courtney Edwards answered on Feb 27, 2019

The date you signed the waiver.

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1 Answer | Asked in Divorce for Colorado on

Q: I divorced my ex husband 2 years ago. I let him keep his 401k. Now I want some of of it.. can I get it

401k

Courtney Edwards answered on Feb 11, 2019

If it was brought up and addressed in the divorce (listed on his sworn financial and in the separation agreement), no, you cannot re-open the divorce to get at his 401k.

1 Answer | Asked in Divorce for Colorado on

Q: If my spouse and I agree on how we will handle our property in a divorce do we have to present it to the court?

We want to avoid filing all our financial information in the court and keep it to ourselves. We have agreed on our own what to do with our property.

John Hyland Barrett III answered on Jan 11, 2019

You are required to make full financial disclosure to the court. The court is being asked to approve your settlement and make it a court order. That requires the court to make a finding that your agreement is fair and reasonable.

1 Answer | Asked in Divorce and Family Law for Colorado on

Q: I received a citation to show cause in Douglas county courts. Does C R S 13-22-311 apply in this matter. Douglas county

John Hyland Barrett III answered on Dec 5, 2018

13-22-311 refers to mediation. That may be applicable if agreed to by the parties or ordered by the court. You should hire a lawyer to help you with this.

1 Answer | Asked in Arbitration / Mediation Law, Child Support, Divorce and Family Law for Colorado on

Q: I am in need of a Mediation Attorney to represent me this Wednesday, 12/5, from 9 - 11 AM.

Willing to compensate above norm rate for 11th hour notice.

John Hyland Barrett III answered on Dec 3, 2018

I may be available depending on location and type of case. You can call me to discuss it.

1 Answer | Asked in Divorce for Colorado on

Q: Can a document be created stating each keeps what is in their own name if $5000.00 is given to spouse? Is it binding?

Example: If the house is just in my name can a document be created that she gives up all claim to value or ownership to it? Again, she just wants $5000.00 and we go our seperate ways.

Regards,

Brian

John Hyland Barrett III answered on Nov 29, 2018

If this is a divorce, you can enter into a written separation agreement. It will be binding if the judge finds it to be fair and reasonable. You should hire a lawyer for this to make sure it is done right.

1 Answer | Asked in Divorce and Family Law for Colorado on

Q: How do I charge my spouse with Colo. Rev. Stat. 14-6-101 non support of spouse and children?

John Hyland Barrett III answered on Nov 28, 2018

14-6-101 is a criminal statute. charges can only be brought by the District Attorney, not you. It is rarely, if ever, actually used. you could file for a divorce and have the court enter orders for support. You should hire a lawyer to do this.

1 Answer | Asked in Divorce and Family Law for Colorado on

Q: Is the payment of alimony mandatory in CO or considered case by case?

My husband was married for ten years to his former spouse. She is constantly taking him back to court for more alimony. Her income continues to rise as she recently was able to get a high paying job. Despite her income at about $75,000 a year and his income at $50,000 she continues to insist that... Read more »

John Hyland Barrett III answered on Nov 6, 2018

It seems that maintenance in this case is modifiable. Maintenance is modifiable unless the parties have agreed to make it non-modifible. He can request a reduction or termination of the maintenance if there has been a change of circumstances which render the previous order unfair. Her increase in... Read more »

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