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 and Family Law for Colorado on
Q: How do I charge my spouse with Colo. Rev. Stat. 14-6-101 non support of spouse and children?
John Hyland Barrett III
John Hyland Barrett III
answered on Nov 28, 2018

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.

1 Answer | Asked in Divorce and Family Law for Colorado on
Q: Is the payment of alimony mandatory in CO or considered case by case?

My husband was married for ten years to his former spouse. She is constantly taking him back to court for more alimony. Her income continues to rise as she recently was able to get a high paying job. Despite her income at about $75,000 a year and his income at $50,000 she continues to insist that... View More

John Hyland Barrett III
John Hyland Barrett III
answered on Nov 6, 2018

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... View More

1 Answer | Asked in Divorce for Colorado on
Q: I got the papers, but I don't respond, what will happen?
John Hyland Barrett III
John Hyland Barrett III
answered on Oct 31, 2018

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.

1 Answer | Asked in Child Custody and Divorce for Colorado on
Q: No custody. 4 months not being allowed to see my daughter. What can I do. Going through divorce.

My ex has not let me see or talk to my daughter for 4 months now there is no custody agreement no court orders what do I do to be able to see my daughter.

John Hyland Barrett III
John Hyland Barrett III
answered on Oct 10, 2018

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.

1 Answer | Asked in Divorce, Family Law and Child Support for Colorado on
Q: what does it mean when I get a paper from the court regarding special entry of appearance & notice of intervention

Pursuant 14-10-107.5 and 26-13-106 c.r.s

John Hyland Barrett III
John Hyland Barrett III
answered on Oct 2, 2018

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.

2 Answers | Asked in Criminal Law, Divorce and Family Law for Colorado on
Q: what type of lawyer do I need for a bigamy case?
Gary Kollin
Gary Kollin
answered on Sep 27, 2018

Criminal defense lawyer

View More Answers

1 Answer | Asked in Divorce for Colorado on
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

I'm in Colorado, working on a divorce. Two temp orders have been issued but the arbiter won't issue a final order and its been nearly 6 mos. The arbiter's dad died a couple months ago and I think she isn't in the right frame of mind to continue working but in the meantime... View More

Scott D. Goldman
PREMIUM
Scott D. Goldman
answered on Sep 26, 2018

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...
View More

1 Answer | Asked in Divorce, Family Law and Child Custody for Colorado on
Q: In the middle of the divorce there's no custody set yet and we have not at her final hearing need help

So the mother of my son just took him out of state of Colorado without my written consent I don't feel that this is of right she is back now but she seems to just think she can do whatever she wants with him without my OK is what do I do I need help

Daniel B. Kelley
Daniel B. Kelley
answered on Sep 18, 2018

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.

1 Answer | Asked in Divorce for Colorado on
Q: Divorce decree states I can't receive alimony if I cohabitate with a significant other for longer than a 12 month period

Is there any way I can pay rent to my significant other and this not be considered cohabitation?

John Hyland Barrett III
John Hyland Barrett III
answered on Sep 6, 2018

I do not think just paying rent cancels out the co-habitation. You should have an attorney review your agreement and advise you.

1 Answer | Asked in Divorce for Colorado on
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
John Hyland Barrett III
answered on Sep 6, 2018

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... View More

1 Answer | Asked in Divorce, Family Law and Civil Rights for Colorado on
Q: IF my husband moved out and i moved can he force his right to stay if not on lease at new house?

I live in colorado springs. My husband chose to move out of our home to be with his 22 year old cousins girlfriend. HE came back and tried to force his way in so he and his girlfriend can live in the guest bedroom. I called the cops. PD stated that even if i move and the only one on the lease at... View More

John Hyland Barrett III
John Hyland Barrett III
answered on Sep 4, 2018

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.

1 Answer | Asked in Divorce for Colorado on
Q: Ex husband kept my suv in the divorce, it’s still in my name, it is close to repossession. What happens if repossessed?

During divorce I didn’t ask that he refinance because it’s a 2006 and his credit was too far gone, so it wasn’t going to happen. So there was no stipulation. Just flat out, he was able to keep the vehicle

John Hyland Barrett III
John Hyland Barrett III
answered on Aug 27, 2018

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.

1 Answer | Asked in Divorce for Colorado on
Q: What if i have been paid under the table part time

Im disabled so havent had a job or filed taxes in a couple years. How will that work in divorce court when financial papers are due? Also can i request counseling

John Hyland Barrett III
John Hyland Barrett III
answered on Aug 22, 2018

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... View More

1 Answer | Asked in Child Custody, Divorce and Family Law for Colorado on
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
John Hyland Barrett III
answered on Aug 20, 2018

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.

1 Answer | Asked in Divorce for Colorado on
Q: After 14 months, and 4 months separation, filed for divorce.

We have no kids, no property, and no accounts. No shared dept either. Her dad got an attorney, I have been out of work for 6 months, no income, no money. I live with my mom now. She has gotten an attorney, and wants to mediate, but I can't understand for what. I provided my sword... View More

John Hyland Barrett III
John Hyland Barrett III
answered on Aug 17, 2018

The papers her attorney is requesting are required by Colorado disclosure law. You should just go ahead and provide them.

1 Answer | Asked in Child Custody, Divorce and Family Law for Colorado on
Q: Can I relocate to another state with my children 3 years after my divorce was finalized? I currently have joint custody

The children spend approximately 90% of their time with me. We currently live in Colorado. The twelve year old twins and I would prefer to live in Illinois close to our friends and family. My ex and I share joint decision making.

John Hyland Barrett III
John Hyland Barrett III
answered on Aug 16, 2018

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.

1 Answer | Asked in Arbitration / Mediation Law, Child Custody, Divorce and Family Law for Colorado on
Q: Wife filed for divorce (CO). wants to kick me out for emotional reasons... but we are civil, and there are no threat

My wife just doesn't want me around. we have 4 kids that need both of us. We have no extra money. I am the sole provider. my job only pays 16/hr. We are on food stamps and other assistance. There is no violence, drugs, adultery, or any risks. We have special needs kids, and in home therapists... View More

John Hyland Barrett III
John Hyland Barrett III
answered on Jul 17, 2018

Once a divorce is filed, the court can determine whether one of you has to leave. The court's primary concern will be the welfare of the children. The court can also enter orders for the return of the children if she does not return with them. You should retain an attorney to make sure your... View More

1 Answer | Asked in Divorce and Real Estate Law for Colorado on
Q: My common law husband wants to kick me and my kids (not his) out of the house. The house is his. What are my rights?

I have been paying rent and utilities.

Timothy Canty
Timothy Canty
answered on Jul 13, 2018

At present you have no rights except possibly as a month to month tenant. If you are indeed married and you file for a dissolution of marriage, you may have rights to marital property and maintenance. This can be a complicated question and you should confer with a family law attorney.

1 Answer | Asked in Divorce for Colorado on
Q: Divorce, wife and I agree. Does she still need to get served paperwork and if so where?
John Hyland Barrett III
John Hyland Barrett III
answered on Jul 11, 2018

You and she can file together as co-petitioners. If not, she must be served with the papers by the Sheriff or a private process server, or she can sign an acceptance of service stating she has received the papers.

1 Answer | Asked in Divorce and Child Custody for Colorado on
Q: I want to flee the state. What's the worst that will happen if I go without any court orders?

We have 4 kids, we've been married 9 years and I have been a stay at home mom for that whole time. He hates me and is leaving me to get evicted, turning the electricity off in a few days. He's mentally abusive but was physically abusive to his ex. No one will touch him. Even with... View More

John Hyland Barrett III
John Hyland Barrett III
answered on Jul 3, 2018

There is no actual legal prohibition which prohibits your leaving before a divorce is filed. Once a divorce is filed, there is a restraining order which prohibits taking the children out of state without permission of the other parent or the court. Upon filing a divorce, the court may (and often... View More

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.