Colorado Divorce Questions & Answers
Q: My husband has been treating me bad and finally he did not come home I threw him out and he drained the money
John Hyland Barrett III's answer
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.
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.
Q: In divorce can one spouse get the house when both names are on it. One of them pay 100% of househoud bills.
John Hyland Barrett III's answer
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.
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.
Q: if a wife leaves the home "joint tenancy" then husband passes is wifes new common law husband entitled to the property
2 Answers
| Asked
in
Divorce, Family Law, Real Estate Law and Probate
for
Colorado
on
Answered on Feb 28, 2019
Answered on Feb 28, 2019
John Hyland Barrett III's answer
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 have to establish that they had a common law marriage in order for him to be entitled to the house. That requires evidence that each of them considered themselves to be married. That can be contested in...
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 have to establish that they had a common law marriage in order for him to be entitled to the house. That requires evidence that each of them considered themselves to be married. That can be contested in...
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
Courtney Edwards' answer
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.
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.
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
| Asked
in
Arbitration / Mediation Law, Child Support, Divorce and Family Law
for
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.
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