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Colorado Divorce Questions & Answers
1 Answer | Asked in Divorce for Colorado on
Q: what reason can I use to reschedule my court date. I'm going through a divorce, schedule for September.
John Hyland Barrett III
John Hyland Barrett III
answered on Jul 2, 2018

Why do you want it rescheduled? Does your spouse object? If you have a legitimate reason, the court may grant that. Generally, the court is reluctant to reschedule. They are not going to do it just because you don't want to do it then.

1 Answer | Asked in Divorce for Colorado on
Q: I divorced my husband and we got back together, do I refile for divorce?

I divorced my husband in the state of Colorado and we reached a settlement agreement through the court, which he did not payout to me. We got back together, purchased a home, and have continued to file taxes for financial purposes. We have been living as husband and wife for over two years and we... View More

John Hyland Barrett III
John Hyland Barrett III
answered on Jun 19, 2018

This is very complicated. If you remarried him through a common law marriage, then your prior divorce terms are not in play. You need to file for a new divorce with a new property settlement. If you did not establish a new common law marriage, your prior agreement may still hold. Based on just this... View More

1 Answer | Asked in Family Law and Divorce for Colorado on
Q: What is maintenance in a petition for dissolution of marriage in Colorado?

My ex has filed for a period of dissolution and it lists “maintenance, if applicable” I am not sure what that means? Is it like alimony?

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

Yes, maintenance is what Colorado calls alimony -spousal support.

1 Answer | Asked in Divorce for Colorado on
Q: Can I get an amendment to a finalize divorce stating that my ex is allowing me to buy him out through a refinance?

I have been divorced almost six years. My ex wanted to keep the home, so we agreed that he would refinance within a year. (Money was tight, and we didn't use lawyers.) Here it is, almost six years later, with no refinance, and the house is still in my name. My ex decided recently that he... View More

John Hyland Barrett III
John Hyland Barrett III
answered on Jun 1, 2018

You will be able to modify your decree if both of you agree. You should retain an attorney this time to prepare the amendment and have it approved by the court.

1 Answer | Asked in Arbitration / Mediation Law, Divorce and Family Law for Colorado on
Q: lived in Co 5/01-5/17 served divorce ppra 6/1/17. Moved to TX 7/17 for job Spouse atty sez I must trvl to CO for depo?

I’m willing to do deposition, just cannot afford to travel to CO from TX. I’m broke. Can petitioner’s atty force me to travel for. TX to CO at my own expense? I my view (and my CO atty’s View) the petitioner is attempting to make this process as difficult (expensive) as possible for me. If... View More

John Hyland Barrett III
John Hyland Barrett III
answered on May 21, 2018

Since you have an attorney in Colorado, you should discuss this with them and follow their advice.

1 Answer | Asked in Divorce and Child Support for Colorado on
Q: Will I have to pay my husband child support if he makes 4x's the amount than I do?

My husband filed for divorce and hired a lawyer. I moved out of the house, after he filed, and I cannot afford a lawyer. I have 3 children, he is the father of 2 of them. I am seeking Maintenance and child support. The 2 children, ages 3 & 5, spend 60% of the nights with their father, so we... View More

John Hyland Barrett III
John Hyland Barrett III
answered on May 15, 2018

The child support is determined based on the child support guidelines. Those factor in the number of children, the percentage of overnights, health insurance for the children. You should retain an attorney to run the calculation and advise you how to proceed. It is possible that your husband may... View More

1 Answer | Asked in Child Custody, Divorce and Family Law for Colorado on
Q: if a custody order was put in place 10 years ago and both parents got back together a year later and have filed taxes

is the court order still valide

John Hyland Barrett III
John Hyland Barrett III
answered on May 9, 2018

This may depend on the exact wording of the order and in what context it was issued. For instance, if it was a divorce and the parties have remarried, it would not still be in effect. The parties may have a common law marriage if they live together and hold themselves out to the community as being... View More

1 Answer | Asked in Divorce for Colorado on
Q: Is an settlement agreement via email legally binding
John Hyland Barrett III
John Hyland Barrett III
answered on May 7, 2018

It's really hard to answer this without seeing the email exchange. Parties can come to a binding agreement via email. However, in a divorce case, any agreement has to be approved by the court in order to become a court order. The court may view the emails as just negotiations- not as a binding... View More

1 Answer | Asked in Divorce for Colorado on
Q: In what order should a request for service by publication and divorce paperwork?

I need to divorce a person who has been absent for over six years. I have no way to reach him or his family. I believe he is living in another country. We have one minor child - he has not paid child support for the child since September 2012. I'd prefer to represent myself due to financial... View More

John Hyland Barrett III
John Hyland Barrett III
answered on May 7, 2018

You would file the Petition first. Then the motion for Service by Publication.

1 Answer | Asked in Divorce for Colorado on
Q: My spouses attorney wants an official appraisal on both our houses, we have a written settlement, is the appraisal reqd?
John Hyland Barrett III
John Hyland Barrett III
answered on May 7, 2018

The appraisal is not required by the court. It is common to get an appraisal in order to negotiate a settlement or to use in court if no settlement is reached.

1 Answer | Asked in Child Custody and Divorce for Colorado on
Q: My ex dropped my child and I off in co. From Louisiana. How does that affect custody

We moved w our son from co. To la. In July. My husband had an affair wants a divorce and drove us back home and flew back to Louisiana end of Dec.

John Hyland Barrett III
John Hyland Barrett III
answered on Apr 30, 2018

Colorado will have jurisdiction to decide custody if the child has lived here for at least the last 183 days. At that point, you can file for divorce and request custody. you need to retain an attorney to further advise you.

1 Answer | Asked in Divorce, Family Law, Personal Injury and Child Custody for Colorado on
Q: If my ex cohabitation has custody of son but third time found guilt of DV assault goes to jail sign custody to new fema

Ive filed motions to modify already, ive been alienated went 18 days not seeing talking to my son after we were all living daily life together my name wasn't on the lease so I had to leave, he brings a new female in home can abuser sign custody to her? Also do I file a divorce or in civil in... View More

Stephen J. Plog
Stephen J. Plog pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 26, 2018

He shouldn't be able to just sign custody over to another person. More information is needed and you should consult with a family law attorney to assess if married, your rights, options, etc. If not married any property issues would be civil.

2 Answers | Asked in Divorce for Colorado on
Q: Can I ask a temporary use orders hearing be dismissed in a divorce case?

In divorce court scheduled a temporary orders hearing April 5, 2018. I filed an emergency motion for the use of one of our vehicles. The court moved the hearing to April 3. My wife responded to the motion by sending her response. At the hearing my wife did not show up. I was given what I requested... View More

John Hyland Barrett III
John Hyland Barrett III
answered on Apr 19, 2018

You could ask the court to reconsider its decision since you were not given the opportunity to respond to her motion. However, at this point, your best bet is to just prepare for the new hearing. I doubt the court is going to reverse its ruling about having a hearing where both parties can appear... View More

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2 Answers | Asked in Divorce for Colorado on
Q: How to properly fill out divorce petition.

I am looking at part 19 which states "I/We ask that the court enters orders regarding the -status of the marriage, -maintenance, - division of property and debts, -restoration of the previous name of the party, or -and any other necessary orders. At this point I do not know what we will agree... View More

John Hyland Barrett III
John Hyland Barrett III
answered on Apr 18, 2018

You should check anything which you may want to request. You do not need to have an agreement at this time. For instance, you should check "maintenance" if you have any possibility of requesting maintenance as part of the divorce.

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2 Answers | Asked in Family Law, Divorce and Real Estate Law for Colorado on
Q: My wife was deeded her fathers 50% of her fathers house where her and I lived. can I file marital property on this?

1.5 years in mariage wife’s father deeded his house to my wife and her brother 50/50. He sold them each a 50% share for $1. We lived in the house for 1 year when she filed divorce. She quit claimed deeded the property back to her father for $1 the afternoon of the day I moved out. Can I claim... View More

John Hyland Barrett III
John Hyland Barrett III
answered on Apr 18, 2018

Generally, a gift of property is separate property. However, any increase in the value of that separate property is marital property, subject to an equitable division by the court (meaning a "fair" division, not necessarily an "equal " division) The court can consider the... View More

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2 Answers | Asked in Child Custody and Divorce for Colorado on
Q: I filed for divorce and my husband is dodging the servers and says he will refuse to sign paperwork, what will happen?

We have one child and I have always been the primary caregiver, I have had only 2 jobs in our 6 year marriage, and he has had countless because he just quits jobs all the time. He refused to share responsibility of bills and the house and with our child, which is part of the reason why I filed for... View More

John Hyland Barrett III
John Hyland Barrett III
answered on Apr 13, 2018

You need to get him served. Try using the county Sheriff. If you are using the sheriff, try a private process server. Sometimes they are more resourceful than the sheriff. Once you get him served, the process will proceed even without his cooperation. It will not be uncontested unless you and he... View More

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1 Answer | Asked in Divorce for Colorado on
Q: My ex husband has always worked away from home. Our entire marriage and the 5 years since we've had our daughter

Suddenly when faced with what CO calculates for maintenance and child support, given he is rarely here, he is now stating he wants to work locally, taking over a $25 dollar an hour pay cut because he "wants to be closer to our daughter." Which is a blatant lie, he's only doing it... View More

Stephen J. Plog
Stephen J. Plog pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 13, 2018

You need to consult with another attorney to go through the facts and circumstances of your case and to get a second opinion. Normally someone doesn't just get to lower their pay to spend more time with their kids, absent special circumstances. If the track record has been him working away... View More

2 Answers | Asked in Divorce for Colorado on
Q: My wife wants a divorce but I don’t. She won’t agree to marriage counseling, do I have any options in court for that?

Can I make these requests in mediation?

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

Realistically you can not be successful with that request unless she agrees to it. The court will accept one party's assertion that there is an irretrievable breakdown of the marriage, which is the legal standard for a divorce. You should focus on the other issues, such as property and debt... View More

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1 Answer | Asked in Family Law and Divorce for Colorado on
Q: My divorce was finalized two years ago, I now am living out of the county. Can I get my case moved to facilitate travel

I'm earning less now and I'm soon to have baby so I would like to file for a change of status. I'm paying child support for two daughters based on much more income than I was making then and much much more than now. I would like to have the venue changed from Montrose district to... View More

John Hyland Barrett III
John Hyland Barrett III
answered on Mar 26, 2018

You probably can not get venue changed if your ex still lives here.You can still file a motion to modify your support obligation if appropriate. You should retain an attorney to help you with this.

2 Answers | Asked in Divorce for Colorado on
Q: How can I get legally divorced from a Brazilian woman I married in Brazil, but I live in the USA?

in 2009 I made a mistake of marrying a Brazilian woman in Brazil, it ended up not going well and we agreed to divorce. I sent her the money for the divorce but instead she pocketed the money and never filed. After 8 years I just now found out that we are not legally divorced, what can I do?

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Mar 19, 2018

You can file for divorce in Colorado. Due to the international aspect, you may have some additional steps related to serving notice. You may want to hire an attorney for assistance.

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