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Colorado Divorce Questions & Answers
1 Answer | Asked in Divorce and Family Law for Colorado on
Q: My soon to ex has a attorney but he has money. I don’t have money how can I get an attorney for custody to keep my child

My ex has a big bank account but no job. I have no money and no job. I am a stay at home Mom taking care of our daughter. My ex doesn’t give us money to live on since he moved out of the house. I’m fighting for custody and he has an aggressive attorney. What can I do since I can’t afford an... View More

Stephen J. Plog
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answered on Mar 18, 2018

You should contact Colorado Legal Services or Metro Volunteer Lawyers to see if they can help. You can also call around to attorneys to seek if someone is willing to take your case without money.

2 Answers | Asked in Divorce for Colorado on
Q: I have been separated from my wife for 14 years, we never got legal divorce. I want to buy a house, what can I do

Is there a legal document she can sign so not to claim on the house

Stephen J. Plog
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answered on Mar 18, 2018

You should get a divorce. Without a divorce, you are still married and the house you purchase would be considered marital property. You could have her sign something saying she waives any interest in the new house, which could be helpful evidence if she later tried to make a claim for it in a... View More

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1 Answer | Asked in Criminal Law, Divorce and Civil Litigation for Colorado on
Q: My ex sent me threatening emails and voicemails, attempting to blackmail me by exposing private info. What can i do?

I trusted my ex-boyfriend with info about my ex-husband while we were dating. I broke up with him and he is now threatening to expose that info to my ex-husband in an attempt to incite problems against me. My ex-boyfriend has sent me emails and voicemails with threats, name-calling and profanity.... View More

Stephen J. Plog
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answered on Mar 18, 2018

You could call the police and see if they will either ask him to stop or potentially press harassment charges. You could also look into filing for a restraining order to get him to stop contacting you. More information is needed to assess the viability of a restraining order being made permanent... View More

1 Answer | Asked in Divorce for Colorado on
Q: My ex and I divorced in Rutherford Co. in 2001. An alimony was set in our divorce agreement. We'd like to amend this.

I currently live in Arkansas and he lives in Oklahoma. He is remarried and I haven't. The alimony was set at $500/monthly until I unless I remarried or one of us is deceased. I quit work to help our daughter care for her 2 and 3 year old daughters due to health issues and grad school. We... View More

Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Mar 13, 2018

If both spouses agree, it should be a simple matter to submit an agreed order making the modifications you describe ( assuming the original divorce decree allows the modification). However, unless you have registered your divorce decree in your new state of residence, the Tennessee Court is still... View More

1 Answer | Asked in Divorce and Family Law for Colorado on
Q: If my divorce decree states my ex husband can claim our child every third year but has not done so in 9 years.

My ex has also moved to California. Im wondering if my decree here even pertains?

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

Your decree still controls this issue. An exception would be if he is not current in child support for the year. If he is not, he can not claim the exemption.

1 Answer | Asked in Divorce and Family Law for Colorado on
Q: Can the child decide which parent they want to live with?

I am 17 years old and my father and I do not have a healthy relationship. I do not feel safe going to his house, so I have decided I do not want to go back there due to the harsh arguments that occur. Can I live with my mom only legally? Colorado is the location.

Stephen J. Plog
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answered on Mar 6, 2018

As the child, you are not bound by the court orders. Your mother may want to seek a modification of the orders with the court, as she is the one who could get into trouble if they are not followed. If she has concerns she should contact a family law attorney.

2 Answers | Asked in Divorce and Military Law for Colorado on
Q: Filed my divorce we had to do a mediation I deployed prior to that, unknown on status who do I contact now to finish?

After filing the divorce both parties submitted documents. We had a scheduled mediation I was unable to attend because I got deployed for 10months, now I’m back and don’t know who I contact or if I have to start all over from the beginning?

Stephen J. Plog
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answered on Mar 6, 2018

You should contact the court/court clerk where the case was originally filed to check the status of things and whether you will need to refile. You could also contact your spouse to assess as well.

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3 Answers | Asked in Divorce for Colorado on
Q: Where do I file when we live in separate states?

We were married in 2004 and separated in 2011. We lived together in Florida for several years where we had two children. He hasn't had any major contact with either child since 2012. We have agreed to terms of the divorce but don't know how to proceed. He still lives in Florida and... View More

Stephen J. Plog
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answered on Mar 6, 2018

Unfortunately, you may need to file in two states. Colorado would have custody jurisdiction over your sons. Florida would have custody jurisdiction over your daughter. If you all are in agreement on divorce terms you can file in either Florida or Colorado. If in Colorado you would need to do... View More

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1 Answer | Asked in Divorce and Immigration Law for Colorado on
Q: I married in Tunisia, and did a visa request for him. We separated. I withdrew the visa request. Am I married in the US?
John Hyland Barrett III
John Hyland Barrett III
answered on Feb 27, 2018

Generally, any state in the US will recognize a valid marriage that occurred in another state or in another country. So, yes, you are considered married here. however, I do not know what the immigration consequences of your situation are.

1 Answer | Asked in Divorce for Colorado on
Q: I was married in Colorado and found out that my wife was still married and never got a divorce. Im I legally married?

I was with her for 3 days and we were married 10 years ago.

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Feb 24, 2018

Yes and no. In a strict legal sense, the second marriage is invalid. However, there is the doctrine of equitable marriage (aka equitable estoppel) which can create marriage-like situation for property divisions, etc. Equitable marriage and its applicability is tied to specifics of the case. You... View More

1 Answer | Asked in Divorce for Colorado on
Q: No children and are being amicable during the divorce. When can I move out of state? Can I leave once the papers filed?

I want to know when I can move out of the state and/or how often I might have to be back in the state during an amicable, no children divorce in the state of Colorado. We are also filing together.

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

You can leave whenever you want. You may have to come back if necessary. However, that may possibly be avoided if all the paperwork is in order and nothing is contested. Sometimes, you can appear by phone if the court permits it. An attorney could help things go through smoothly

1 Answer | Asked in Divorce for Colorado on
Q: Ok so here’s my problem.. when I met my wife she had a stock Jeep Wrangler.. after 5 years and two kids later ,

I purchased a Durango with four doors for a more family friendly vehicle.. we’ll because it was more feesable for her to drive it due to the fact she dropped the kids off on her way to work , the jeep became the vehicle I drove and it stayed that way till the end of our marriage .. well after... View More

Stephen J. Plog
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answered on Feb 19, 2018

Unfortunately, if she had the vehicle it's likely going to be viewed as premarital or separate property. More information is needed to assess whether there is any marital component to the value and the key issue is whether, in light of the changes you made to the vehicle, it has increased in... View More

1 Answer | Asked in Child Support, Divorce and Family Law for Colorado on
Q: husband left son and I in 2011. recently found him. I want a divorce ,child support and alimony.how do I start?

We are in Co. he is in Az. He left us homeless and destitute. We had a home in Castle Rock, co. He was 1/2 owner of pro plumbing there. He got into drugs and other women and flipped out when he was busted. I was not working at the time but I had no idea what he was doing. He hadnt paid taxes or... View More

Stephen J. Plog
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answered on Feb 19, 2018

If you are looking to file a case on your own, you can get forms from the Colorado judicial branch website, file them with the court, and have him served in AZ. Colorado still has personal jurisdiction over him for both divorce and financial issues. If you do not want to do it on your own you... View More

1 Answer | Asked in Divorce for Colorado on
Q: I jut had my separation agreement signed but I felt pressure and my ex's paperwork about property were never disclosed

we know he has being kidding cash and more, but after 12 hours I felt everyone wanted to get it done and at the end i know i signed an agreement without the full understanding and needed information to have a fair agreement

I would like to stop it and start again w all the necessary information

Stephen J. Plog
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answered on Feb 19, 2018

You should consult with a divorce attorney right away. Failure to disclose property items can be a big deal and there is case law supporting the notion that the duty to provide full financial disclosure cannot be waived. You should email your ex or his attorney right away to let them know you... View More

2 Answers | Asked in Divorce for Colorado on
Q: My maintenance ends in April. Can I pay early and absolve myself of further obligations.

Divorce decree states that I must maintain a $500k life insurance policy as long as I owe maintenance. If I were to die prior to finishing maintenance would my estate be liable for the life insurance?

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

Based on these limited facts, I believe your estate would only be liable for the remaining maintenance payments. I do believe you could pay early if you want. A review of your divorce decree is necessary in order to give a formal opinion.

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1 Answer | Asked in Child Support, Divorce and Family Law for Colorado on
Q: Divorce decree states I am owed half the equity in our house within 3 years. What are my options If I am not paid?

We have 50/50 custody and I pay child support. If I am not paid money owed from equity what are my options to get what I am owed, Could I request a modification in child support and be paid back that way?

John Hyland Barrett III
John Hyland Barrett III
answered on Feb 14, 2018

You will be able to enforce the order either by getting a judgment or by contempt. You will not be able to offset the child support you owe. If you get a judgment, you can garnish wages and bank accounts and place a lien on real estate. If she is found in contempt, she could be sentenced to jail... View More

1 Answer | Asked in Child Custody, Divorce and Family Law for Colorado on
Q: Wondering what type of questions and evidence are permitted in a custody hearing? And what type of questions to ask?

We are preparing for the hearing to finalize our divorce and determine custody and child support. We are both representing ourselves, I'm wondering what type of "evidence" is allowed, like a message from someone who can't appear? Also what type of questions should I be asking... View More

Stephen J. Plog
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answered on Feb 12, 2018

You really need to consult with an attorney, as it would take a lot longer than what one could write in a question and answer forum to tell you what you need to do to prepare. In terms of your specific questions:

1. A message from someone who can't appear is hearsay and is not...
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1 Answer | Asked in Divorce for Colorado on
Q: I want a divorce or legal separation. I own the house. Will he get any rights to it besides his own property?

My father and I purchased the house before the marriage. My spouse has paid for carpet replacement, to have someone sand and stain the floor, and a washer and dryer, all which I would reimburse him for if necessary. He pays half of the mortgage now, but no utilities. I want to know if my house... View More

John Hyland Barrett III
John Hyland Barrett III
answered on Feb 12, 2018

Any increase in the value of the house that occurred during the marriage is considered marital property, subject to an equitable (meaning "fair', not necessarily equal ) division. you should retain an attorney to assist you with the divorce.

2 Answers | Asked in Family Law, Real Estate Law and Divorce for Colorado on
Q: Can my hisband sell the house its not under my name he bought it before we got married were not divorced yet

I have been separated with my husband for a year we are not divorced yet. I stayed in the house and he moved out yesterday I found out he wants to sell the house. Can he sell it since it’s not in my name and he bought it before we got married the home is under his name and one of his cousins but... View More

John Hyland Barrett III
John Hyland Barrett III
answered on Feb 12, 2018

Your husband and his cousin can sell the house since they are the owners. However, if a divorce was filed, you could request a court order not to sell until the divorce is final and the property division is set. Any increase in the value of the property (Husband's share) that occurred during... View More

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2 Answers | Asked in Child Custody and Divorce for Colorado on
Q: If 2 parties agree on paperwork and sign for a divorce and children custody do they need to go through court proceedings
Stephen J. Plog
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answered on Feb 5, 2018

Yes. They will still need to file papers with the court and follow court procedure. At a minimum, they will likely have to go to an initial status conference. They will also have to go to a final, "uncontested permanent orders" hearing. At that hearing the court will ask them... View More

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