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 »
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 »
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 »
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 »
Financial statement that he has a personal loan, isn't that falsifying information? And curious to why the court wouldn't have caught that.
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 »
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 »
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.
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
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.
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.
The house is under my name only.
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 »
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 »
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.
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 »
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.
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
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 »
He has never sent any money, they barely have any contact by phone. I just want a Divorce.
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.
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.
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 »
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 »
Generally if the stimulus money was used for household expenses or for the children a court would not require that it be shared.
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.
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.
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.
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 »
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.
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.
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 »
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 »
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.
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
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.
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