Get free answers to your Divorce legal questions from lawyers in your area.
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answered on Feb 5, 2018
Way more information is needed to be able to answer your question and I'm not sure what the question is? If you are asking whether she can subpoena items from the ex girlfriend, the answer is "maybe." She cannot pay your ex girlfriend "big bucks" to be a witness. You... View More 
I filed a petition and the Judge set the matter for a hearing. But now, the other party has responded, asking the Judge to deny the petition. So, I'm wondering if the Judge will cancel the hearing based on the other party's response. Thanks for your help.
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answered on Feb 2, 2018
If the court has already set the matter for a hearing it could cancel the hearing, after reviewing the response, if the court determines, based on the response, that the petition should be dismissed or denied. The court could also cancel the hearing if, after reviewing the response, it believes... View More
Recieved the car 3 months past the delivery date and it is far from being restored, no new engine and a very very bad paint job. My attorney is not returning my calls. I don’t know what I can do.
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answered on Feb 2, 2018
Your likely legal remedy will be to file a Contempt of Court motion. If your attorney is not responding to you it's time to get another attorney.
answered on Jan 22, 2018
Most attorneys will want a retainer (advance payment) depending on how complex/contested the case seems to be. Many lawyers do take credit cards, so that might be an option.
What is the process?
answered on Jan 18, 2018
Yes, you can file in the US if you live here. In Colorado, that requires 91 days of residency-183 days for child custody jurisdiction. the process is started by filing a Petition for Dissolution of Marriage. I have a summary of the process on my website: johnbarrettlawyer.com. You should retain an... View More
i have a 17 year old daughter, since we lived in newyork and florida and those 2 states are non-common law, will the judge in colorado honor my 20 year of being with my husband? can I fight this in court for alimony.
answered on Jan 17, 2018
I think the judge will view this as your having been married since 2000. You may receive alimony (maintenance in Co.) depending on your respective incomes. You may also get child support depending on the time sharing for your daughter. you should retain an attorney to represent you in the divorce
answered on Jan 17, 2018
If your husband had a common law marriage, then he needed to get a divorce before remarrying.This is very serious if she has a valid claim. He should retain an attorney to review the situation and advise him how to proceed.
During mediation we agreed to only communicate through a 3rd party website such as Talkingparents.com. OUr children are grown adults. How long do either of us have to abide by that agreement now that the divorce is final?
answered on Jan 17, 2018
It depends on whether that agreement was made part of the final divorce decree. Usually it is. If so, you will have to abide by it unless the court modifies that part of the order.However, if that order was part of the parenting plan, you may not have to abide by it since the children are now legal... View More
If I’m ready to sell the home and he’s dragging his feet and not being willing?
answered on Jan 16, 2018
This depends on what your divorce decree says about selling the house. If by chance you purchased the house after the divorce, you will have to come to an agreement or file a partition lawsuit to force a court-ordered sale. You should retain an attorney to review your situation and advise you how... View More
My contract with work can be terminated at any time at which point we would move back to CO. We do not want to change our state of residency. There is one small child involved; however I will not be seeking child support and he will not seek alimony, and we will still live under the same roof and... View More
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answered on Jan 12, 2018
Maybe. The technical standard is that you are "domiciled" in Colorado, which basically means it's your intended home and where you will be returning to. If your job has had you away for a few months, you should be able to file here, presuming you still maintain a Colorado address,... View More
If I transferred my saving account from bank to my kids and we (husband) got rid of investment property also, can my husband ask for half the of it although it’s now under new owners? 3 months before divorce papers got filed
Thank you
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answered on Jan 12, 2018
More information is needed, but if divorce was on the table, meaning it can be shown you knew it was coming, then he could raise an argument about marital waste or dissipation of marital assets and potentially get his share of the property. For a more thorough assessment of your options and... View More
I am currently in the US and want to get a divorce from here. Is that possible??
answered on Jan 10, 2018
You can get a divorce here. However, Colorado does not have jurisdiction to decide child custody matters unless the child has lived here for at least six months.you should retain an attorney to assist you with this.
is okay for the other spouse to give away marital property?
answered on Jan 10, 2018
That is not permitted. Upon filing and service of the Petition, there is an automatic injunction enter which prohibits either party from disposing of marital property except in the ordinary course of business without the consent of the other party or an order from the court.You should retain an... View More
Trying to make sure I get nothing if I divorce her will I get anything if I go thru. Can I put in a percentage in divorce papers to not play the game. Suing Kaiser for a yr now. She wants to push it thru quickly, because she says ill get nothing even tho I was sole provider over 10yr
answered on Jan 8, 2018
Generally, a personal injury claim is considered marital property, subject to an equitable (not necessarily equal) division. This should be addressed in the divorce.you should retain an attorney to make sure your rights are protected.
Have 100 % of his pension. It was not mentioned again and it is not in the paperwork. My ex is still working but when he retires will I still be entitled to at least half?
answered on Jan 8, 2018
The only legal way for you to receive any portion of his pension is through a valid court order. It is more difficult to do this after the divorce is final. You may be able to reopen the case for this purpose. You should retain an attorney to help you with this immediately!
She has bad credit with no possible co-signer for a refinance, I just want this car loan off me as fast as possible as it is causing issues in my new relationship.
answered on Jan 5, 2018
You may be stuck unless she can refinance the loan. The lender will not release you until the loan is paid off. Maybe the car should be sold to pay off the loan.
custodial makes at least $130K plus bonuses, (probably close to $200/yr and wants more support), non-custodial $35K, and pays $250/mo in support.
answered on Jan 5, 2018
Capital gains are considered income for child support calculation purposes, but only for the year received. You should retain an attorney to advise you in this situation.
I do not want my son to have any contact with him due to the way he has treated me for the 10 years we were married, and even now after the divorce. I don't want my son to see that anymore. He never adopted him. I am remarried and my husband wants to adopt my son. I currently have sole... View More
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answered on Dec 28, 2017
More information is needed, including as relates to when you separated, how long you have been divorced, if there are any orders in place regarding your son and ex-husband, and how long it's been since your son has been in his care. If your son has not been in his care for the last 6 months... View More
Married with 3 children. I am Not contesting the divorce, but I do not currently have the money to fly back to Colorado for court. My wife has a court date next month, do I need to be there in person or can I have the papers mailed to me? My name is on the court letter she received at our residence... View More
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answered on Dec 28, 2017
More information is needed to answer your question. If you have been served with papers or signed the petition and do not take part, the court could enter various orders against you impacting your rights to the kids or financially. If you have already signed an agreement resolving all issues... View More
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answered on Dec 28, 2017
Yes, you can. However, under bankruptcy code you cannot discharge any child support or alimony (maintenance) obligations. Additionally, you cannot generally discharge any property or debt obligations owed to the other party. If there is marital debt you are responsible for which is also in the... View More
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