Ask a Question

Get free answers to your Divorce legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Colorado Divorce Questions & Answers
1 Answer | Asked in Divorce, Family Law, Child Custody and Small Claims for Colorado on
Q: I was divorced in Iowa in 2017 and recently moved to Colorado with my 13 year old daughter. My Iowa attorney is not

Following through with the contempt charges on my ex for his multiple violations of the divorce decree. He has not been responding to my messages or those from opposing council, regarding papers served to me requesting a modification in custody. I tried to meet with him while I was in Iowa last... View More

John Hyland Barrett III
John Hyland Barrett III
answered on Jan 6, 2020

Assuming your case is still in Iowa, you should get an attorney there. A new attorney is going to have to spend some time reviewing the prior filings. However, it may not be necessary to read every one. It depends on whether the old filings have anything to do with the current issues. However, some... View More

1 Answer | Asked in Criminal Law and Divorce for Colorado on
Q: Birth mother enticed 14 yr old son away from care without knowledge at a public venue under CO. Statute18-3-304

Birth mother attended same sporting event as me and kids. Without knowledge or communication to me as custodial parent my Ex wife texted my 14yr old out of stands to come meet her without my knowledge or consent. Is this criminal under 18-3-304 CO Statutes?

Douglas T. Cohen
Douglas T. Cohen
answered on Dec 7, 2019

The short answer is: No.

CRS 18-3-304 is a kidnapping statute. Applying the kidnapping statute to the type scenario you are describing is a major stretch.

One parent texting a child at a sporting event that you are at with your child, so they can meet and say hello for a few...
View More

1 Answer | Asked in Divorce for Colorado on
Q: I received notice that my ex wifes motion was granted because I did not respond in time. I sent in my response

I validated my response was received prior to the order. The court clerk says since it was labeled RE: and not "response."

John Hyland Barrett III
John Hyland Barrett III
answered on Dec 3, 2019

You can file a motion for reconsideration pointing out that you did respond. You should get a lawyer to help you with this divorce so things are done right from now on.

1 Answer | Asked in Divorce for Colorado on
Q: What am I legally responsible for if wife wants a divorce and is spending all her time away from the home, not respondin

Found out my wife was having an affair mid Oct. Said she wants a divorce, and is spending all her time away from the house and our kids, including my stepdaughter, and nephew that is living with us now. I have been financially responsible for most everything during our 10yr marriage. I've paid... View More

Sabra M. Janko
PREMIUM
Sabra M. Janko pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 25, 2019

Right now neither of you have any specific financial obligations to the other except to provide basic support as needed. If you want to set forth specific responsibilities, then you can file for dissolution and ask for a temporary orders hearing with regards to child and spousal support and... View More

2 Answers | Asked in Divorce for Colorado on
Q: Needing legal assistance as to how to file for divorce without going to court. Currently living together.

We do not have children together. No mortgage just rent together that is 1600.00 a month.

Sabra M. Janko
PREMIUM
Sabra M. Janko pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 25, 2019

If you file jointly and submit a complete separation agreement signed by both parties, you can ask the Court to enter the agreement as an order and waive your appearance. The Court may grant that request though the Court must review the agreement for conscionability.

View More Answers

1 Answer | Asked in Child Custody and Divorce for Colorado on
Q: I have a friend in Colorado that needs help with divorce questions, his wife was unfaithful. They have kids.

He needs help with what steps to take. Where can I send him to get help? Pro bono or until funds become available? She won’t respond to texts about child care or anything.

Sabra M. Janko
PREMIUM
Sabra M. Janko pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 21, 2019

He could check with Colorado Legal Services if he can not afford an attorney. The courthouses also have self-represented litigant assistance centers.

1 Answer | Asked in Child Custody, Divorce and Family Law for Colorado on
Q: When are parents too far apart to share joint physical custody of a child?

As in: geographic proximity, pursuant to best interest factors set forth in CRS: 14-10-124

Sabra M. Janko
PREMIUM
Sabra M. Janko pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 12, 2019

There is no "bright line" rule. It depends on the circumstances. Generally shared parenting may not work well for children whose parent's live in different school districts. While time with both parents is important, it is not beneficial to children to spend a large amount of time... View More

2 Answers | Asked in Contracts, Divorce and Real Estate Law for Colorado on
Q: With a current month-to-month lease after lease expiration and couple separated, can I create new lease with one party?

Married couple rented my home in 2014, they have recently separated and he moved out. She wants to remain but is requesting a new lease with him left off. They renewed their lease in 2017 but are currently living month to month after that lease expired in 2018. I want to ensure he can't come... View More

Donald C Eby
Donald C Eby
answered on Nov 5, 2019

Yes you can. Just properly terminate the current Month to Month before creating a new lease with only one party moving forward.

View More Answers

1 Answer | Asked in Divorce for Colorado on
Q: My divorce decree states there was no domestic violence at the hand of the other party, what legal protection do I have?

If my ex later attemps to claim there was. Am I protectes by the 4th amendment?

Sabra M. Janko
PREMIUM
Sabra M. Janko pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 23, 2019

Typically a decree would not state whether or not domestic violence occurred. It would address that it was or was not proven. Usually decrees do not address domestic violence unless there was a protection order pursued simultaneously with the dissolution. A person can always say that something did... View More

1 Answer | Asked in Criminal Law, Divorce, Child Custody and Domestic Violence for Colorado on
Q: Can you record an 11 year old and use it in court?
Sabra M. Janko
PREMIUM
Sabra M. Janko pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 23, 2019

You usually would not be able to use a recording unless the person recorded was there to testify because it would be considered hearsay. There are some exceptions to hearsay, however testimony of children is often not used in court to protect the child. It depends on what kind of case is happening... View More

2 Answers | Asked in Divorce for Colorado on
Q: Im going through a divorce and have reachd the seattlement they removed spousel support should i take the deal
John Hyland Barrett III
John Hyland Barrett III
answered on Oct 7, 2019

It is impossible to advise you about this without knowing all the facts of your financial situation. you should consult with an attorney who can so advise you afte s/he has the information needed to make a recommendation to you.

View More Answers

1 Answer | Asked in Divorce for Colorado on
Q: How do i collect money even after a contempt was filled

Was granted retirement (which he cashed in) told he would pay debt in my name that as a couple we accrued. Took to court but never showed. Judge said hold him in contempt but that did nothing. How do i get money from him now that he lives in another state.

John Hyland Barrett III
John Hyland Barrett III
answered on Sep 23, 2019

You may be able to get a money judgment entered against him in the colorado court. Then you have to domesticate that judgment in the state of his residence in order to garnish his wages there and/or seize his property there. You should get a lawyer to help you with this.

1 Answer | Asked in Divorce, Family Law and Child Support for Colorado on
Q: False numbers were turned in and my attorney didn’t show up. I was told not to show up.

So 1 year ago my ex was ordered to pay me 115$ a month in child support. Long story short.

#1: amendment filed 24 hours later. My attorney made no contact with me after that until 6 months later. Last e-mail was her saying you don’t have to be here.

#2: I live in Denver, my ex... View More

Sabra M. Janko
PREMIUM
Sabra M. Janko pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 17, 2019

Generally motions for child support are effective as of their filing date and are not retroactive. There is an exception for an agreed upon parenting time change. Child support is the right of the child so you will not receive an order that does not require you to support your children. You should... View More

1 Answer | Asked in Divorce for Colorado on
Q: What protection does a person have of who can obtain a copy of a mental competency evaluation ordered by the court?
Sabra M. Janko
PREMIUM
Sabra M. Janko pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 17, 2019

Generally mental exams are protected files in court cases so only parties to the action should be able to obtain them through the court process. Whether they can be obtained from the evaluator may depend on whether someone has been granted authority by a court to access the report. It would be... View More

1 Answer | Asked in Divorce for Colorado on
Q: Do social security payments count toward ‘income’ when the 40%-50% formula is used in determining alimony in Colorado?
John Hyland Barrett III
John Hyland Barrett III
answered on Sep 17, 2019

Yes, social security payments would be counted as income.

1 Answer | Asked in Child Support, Divorce and Family Law for Colorado on
Q: Am going through a divorce in Colorado, and been paying child support for the last year does she have to report it?

It would be for the financial affidavit, she receives $1000 a month from me but reports only receiving 300 from “support”. They filed this on May 30th 2019 and I haven’t received anything until I was called and told verbally by her attorney today Aug. 31 2019. Feeling lost as to what to do... View More

Sabra M. Janko
PREMIUM
Sabra M. Janko pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 1, 2019

It sounds like you may be paying child support arrears. She would report the regular child support amount, however would not necessarily include arrears payments because that is not part of the regular child support amount.

1 Answer | Asked in Divorce for Colorado on
Q: I have been married to my husband for 6 years. We just recently re-financed the house and added my name, what do I get ?

All the equity he had when he refinanced was accrued while we were married, but my name was not added until recently. Do i have rights to some of the equity we pulled out during the recent refinance?

Sabra M. Janko
PREMIUM
Sabra M. Janko pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 14, 2019

Generally you would have equity in the marital appreciation in a dissolution action. If you took out equity and spent it, then you would not have an interest in that. You do not mention dissolution, however your question is posted in the dissolution area. If the money is sitting in an account, upon... View More

2 Answers | Asked in Divorce and Family Law for Colorado on
Q: I'm going through a divorce that's been getting dragged out with no mediation date getting scheduled. With the case

Getting drawn out, is my ex entitled to more equity in my company if it was only a few months old when they filed for divorced and I moved out? Or do they only look at revenue and sales for those few months? It's now 6 months after moving out with a lot more income. Marriage was only 3 years

Sabra M. Janko
PREMIUM
Sabra M. Janko pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 14, 2019

You can agree to mediate at any time that you like. If the court has not ordered it, you can mediate privately and the mediator can provide you with a certificate of mediation if you do not reach agreement. Divorce actions can take some time, particularly if they are contested. Marital property is... View More

View More Answers

2 Answers | Asked in Divorce, Child Custody and Child Support for Colorado on
Q: In Colorado, I signed form for wife to take kids to CA, but now she won't allow me any contact. what can I do? Div final

I felt it was what was best at the time (I did not have a place to live) and an agreement was made that I could see and talk to kids. Divorce is final (per her) I am trying to get copies. She refuses to allow me to visit, or even talk to the kids. Is it too late to do anything?

John Hyland Barrett III
John Hyland Barrett III
answered on Jul 16, 2019

Initially, this will depend on what the divorce decree says about this. Also, you may be able to request a modification if you are not satisfied with those provisions. You should get a lawyer to help you with this.

View More Answers

2 Answers | Asked in Child Custody, Child Support and Divorce for Colorado on
Q: Been in colorado 4 months with my two kids. Can I file from colorado for divorce

Husband and I separated...we agreed I would come to colorado while he worked on things. Once I and the kids got here he claimed to want a divorce. We have been here 4 m ths. Am I able to file in county where I reside and have it cared through colorado courts.

John Hyland Barrett III
John Hyland Barrett III
answered on Jul 16, 2019

You can file for divorce in colorado since you have been here for 91 days. However, Colorado will not have jurisdiction to decide custody issues until you have been here for 182 days before filing. Therefore, you should wait until then. You should get a lawyer to help you with this.

View More Answers

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.