Lawyers, Answer Questions  & Get Points Log In
Colorado Divorce Questions & Answers
1 Answer | Asked in Divorce and Immigration Law for Colorado on
Q: I need help with divorce and with our green cards, do we lose all that by getting divorced?

I've been married for a year and eight months, I came to the United States under a fiance visa, then we got married here in Denver, my husband is American, I have a 13-year-old daughter, we both came to this country to start a family, my husband He said that he no longer wants me here and is... Read more »

Agnes Jury
Agnes Jury answered on Mar 29, 2021

This is not a simple answer but there is a lot of good information on this topic on the internet. Here is a reliable source: https://www.nolo.com/legal-encyclopedia/divorce-your-conditional-residence-status-how-file-divorce-waiver-with-form-i-751.html

I would recommend you do a consultation...
Read more »

1 Answer | Asked in Divorce for Colorado on
Q: Can my ex ask for spousal support in our divorce?

I am filing for divorce after being separated from my ex for over a year. He has lived with his parents and on his own this past year. He currently lives on his own. I just learned that his employer dropped him down to 1 day a week and he only makes $12 an hour. I am concerned that he will go after... Read more »

Sabra M. Janko
Sabra M. Janko answered on Mar 5, 2021

You can argue that he is capable of working full time. He could respond as to why he is not working full time. It is always helpful to have an attorney with spousal maintenance because although there are maintenance guidelines, they are discretionary with the court. An attorney can make arguments... Read more »

1 Answer | Asked in Divorce for Colorado on
Q: If he wrote the words " there is no loan" underneath my request to be removed from the loan and it shows in his sworn

Financial statement that he has a personal loan, isn't that falsifying information? And curious to why the court wouldn't have caught that.

Sabra M. Janko
Sabra M. Janko answered on Mar 5, 2021

I am sorry to hear about your situation. The Court is limited in time so does not do a detailed comparison of a financial statement to other documents. If there is a discrepancy, it is the responsibility of the person alleging it to bring it to the Court's attention. It would be important to... Read more »

1 Answer | Asked in Divorce for Colorado on
Q: I married in 12/2015, my husband quit his job right before we got married he refuses to find a job. I pay all bills.

His name is on house only, since I have been paying everything what chances do I have to retain the home. Can I recoupe costs associated with upgrades /house pymts taxes etc if he refuses to leave. Will equity be split if he is required to sell home if I cannot get financed for home on my own.... Read more »

Sabra M. Janko
Sabra M. Janko answered on Mar 5, 2021

I am sorry to hear about your situation. In divorce, you split marital equity. Title does not matter if the home was obtained during the marriage. if he had it before the marriage then you still have an interest in the appreciation of value during the marriage.

2 Answers | Asked in Divorce for Colorado on
Q: If I am a co-signer on a personal loan for my ex husband and I asked in our divorce decree that I be removed from the lo

Can I file contempt of court if I have not been removed from the loan if I requested that I be removed from it in the divorce decree

John Hyland Barrett III
John Hyland Barrett III answered on Feb 12, 2021

This depends on what the decree says, not just what you requested. IF the decree requires him to get you removed, it may be contempt IF he has the ability to do so. However, most lenders will not remove a co-signer unless the loan is refinanced.

View More 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
Sabra M. Janko 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.

View More Answers

2 Answers | Asked in Divorce for Colorado on
Q: I bought a house 3 years before marriage. Is my wife entitled to 1/2 of the equity in a divorce if she never worked?

The house is under my name only.

John Hyland Barrett III
John Hyland Barrett III answered on Feb 10, 2021

The equity that existed in the house at the time of marriage is your separate property. However, any increase in that equity that occurred during the marriage is marital property, subject to an equitable distribution by the court. Equitable means fair, not necessarily equal. You should get a lawyer... Read more »

View More Answers

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
Sabra M. Janko 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
Sabra M. Janko 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.

View More Answers

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
Sabra M. Janko 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 »

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
Sabra M. Janko 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.

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 »

View More Answers

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
Sabra M. Janko 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.

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
Sabra M. Janko 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.

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
Sabra M. Janko 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.

View More Answers

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
Sabra M. Janko 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.

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
Sabra M. Janko 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.

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
Sabra M. Janko 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 »

View More Answers

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.

View More Answers

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
Sabra M. Janko 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.