Colorado Divorce Questions & Answers
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?
John Hyland Barrett III's answer
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.
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.
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's answer
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.
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.
Q: I am in need of a Mediation Attorney to represent me this Wednesday, 12/5, from 9 - 11 AM.
1 Answer
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Arbitration / Mediation Law, Child Support, Divorce and Family Law
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Colorado
on
Answered on Dec 3, 2018
Answered on Dec 3, 2018
John Hyland Barrett III's answer
I may be available depending on location and type of case. You can call me to discuss it.
I may be available depending on location and type of case. You can call me to discuss it.
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?
John Hyland Barrett III's answer
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.
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.
Q: How do I charge my spouse with Colo. Rev. Stat. 14-6-101 non support of spouse and children?
John Hyland Barrett III's answer
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.
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.
Q: Is the payment of alimony mandatory in CO or considered case by case?
John Hyland Barrett III's answer
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 income may justify that. He should retain an attorney to review the case and advise him.
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 income may justify that. He should retain an attorney to review the case and advise him.
Q: I got the papers, but I don't respond, what will happen?
John Hyland Barrett III's answer
If you do not file a response, future proceedings may occur without your knowledge or input. You should retain an attorney to represent you in the divorce.
If you do not file a response, future proceedings may occur without your knowledge or input. You should retain an attorney to represent you in the divorce.
Q: No custody. 4 months not being allowed to see my daughter. What can I do. Going through divorce.
John Hyland Barrett III's answer
The court can enter temporary orders for parenting time. Temporary orders are in place until the decree enters when they are replaced by the permanent orders. You should retain an attorney to help you with this.
The court can enter temporary orders for parenting time. Temporary orders are in place until the decree enters when they are replaced by the permanent orders. You should retain an attorney to help you with this.
Q: what does it mean when I get a paper from the court regarding special entry of appearance & notice of intervention
John Hyland Barrett III's answer
It means the child support enforcement office is becoming involved regarding child support. They will want to make sure the correct amount of child support is being ordered and paid.
It means the child support enforcement office is becoming involved regarding child support. They will want to make sure the correct amount of child support is being ordered and paid.
Q: I can't get an arbiter to provide a final order after 6 mos. Her dad died and I think she isn't in the proper mind now
Scott D. Goldman's answer
Im not clear on all the facts here, but IF, a party dies BEFORE a Decree for Dissolution of Marriage is entered, then the Court (nor the arbiter) no longer has jurisdiction to make any further orders regarding the Dissolution of Marriage.
You will want an attorney to articulate case law to the arbiter regarding this issue, just to be sure, but that is only if the party died BEFORE the decree was entered.
Im not clear on all the facts here, but IF, a party dies BEFORE a Decree for Dissolution of Marriage is entered, then the Court (nor the arbiter) no longer has jurisdiction to make any further orders regarding the Dissolution of Marriage.
You will want an attorney to articulate case law to the arbiter regarding this issue, just to be sure, but that is only if the party died BEFORE the decree was entered.
Q: In the middle of the divorce there's no custody set yet and we have not at her final hearing need help
Daniel B. Kelley's answer
Not proper or appropriate. You need to contact an attorney to help you navigate this complicated and confusing process. There are many of my colleagues that will give you a free consultation. Give one of us a call today.
Not proper or appropriate. You need to contact an attorney to help you navigate this complicated and confusing process. There are many of my colleagues that will give you a free consultation. Give one of us a call today.
Q: Divorce decree states I can't receive alimony if I cohabitate with a significant other for longer than a 12 month period
John Hyland Barrett III's answer
I do not think just paying rent cancels out the co-habitation. You should have an attorney review your agreement and advise you.
I do not think just paying rent cancels out the co-habitation. You should have an attorney review your agreement and advise you.
Q: I have an uncontested divorce I need to file. My wife has and is still living in Europe. How do I proceed?
John Hyland Barrett III's answer
The best way is for your wife to sign an acceptance of service stating that she has received the Summons and Petition. Otherwise, you have to serve her. Service of process in a foreign country can be extremely complicated. Even though it is uncontested, you should retain an attorney to assist you to make sure it is done correctly.
The best way is for your wife to sign an acceptance of service stating that she has received the Summons and Petition. Otherwise, you have to serve her. Service of process in a foreign country can be extremely complicated. Even though it is uncontested, you should retain an attorney to assist you to make sure it is done correctly.
Q: IF my husband moved out and i moved can he force his right to stay if not on lease at new house?
John Hyland Barrett III's answer
I do not agree with what the police told you. Perhaps they thought he had lived there before. However, it seems they will not help you. You should file for a divorce so the court can enter orders re this property. You should retain an attorney to help you with this.
I do not agree with what the police told you. Perhaps they thought he had lived there before. However, it seems they will not help you. You should file for a divorce so the court can enter orders re this property. You should retain an attorney to help you with this.
Q: Ex husband kept my suv in the divorce, it’s still in my name, it is close to repossession. What happens if repossessed?
John Hyland Barrett III's answer
You will likely be held responsible for any deficiency (loan balance minus sale proceeds after repo). Therefore, you should try to avoid having this happen. You may have some recourse against him depending on what your divorce orders say.
You will likely be held responsible for any deficiency (loan balance minus sale proceeds after repo). Therefore, you should try to avoid having this happen. You may have some recourse against him depending on what your divorce orders say.
Q: What if i have been paid under the table part time
John Hyland Barrett III's answer
You still need to report your actual income on your Sworn Financial Statement. You are also supposed to exchange 3 years of tax returns. If you have not filed taxes, you are supposed to provide the information that would have been on the return. The court is not going to order counseling if one party does not want to do it. You may be eligible for maintenance (alimony) depending on your spouse's income.
You still need to report your actual income on your Sworn Financial Statement. You are also supposed to exchange 3 years of tax returns. If you have not filed taxes, you are supposed to provide the information that would have been on the return. The court is not going to order counseling if one party does not want to do it. You may be eligible for maintenance (alimony) depending on your spouse's income.
Q: Is it possible to get sole custody, in divorce proceedings in Colorado, if the other parent is willing to sign it over?
John Hyland Barrett III's answer
The court will usually approve a parenting plan agreed to by the parties, unless something stands out as not being in the best interests of the children. The court would probably approve what you are describing.
The court will usually approve a parenting plan agreed to by the parties, unless something stands out as not being in the best interests of the children. The court would probably approve what you are describing.
Q: After 14 months, and 4 months separation, filed for divorce.
John Hyland Barrett III's answer
The papers her attorney is requesting are required by Colorado disclosure law. You should just go ahead and provide them.
The papers her attorney is requesting are required by Colorado disclosure law. You should just go ahead and provide them.
Q: Can I relocate to another state with my children 3 years after my divorce was finalized? I currently have joint custody
John Hyland Barrett III's answer
Colorado law requires that you have his written consent or a court order in order to do this. You should retain an attorney to help you with this.
Colorado law requires that you have his written consent or a court order in order to do this. You should retain an attorney to help you with this.
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