Get free answers to your Divorce legal questions from lawyers in your area.
answered on Dec 20, 2017
Usually, you will need to have a property division agreement (or court-ordered property division if you do not have an agreement) in order to finalize a divorce. You may agree to continue to hold properties together after the divorce, but that is often not recommended. You should retain an attorney... View More 
answered on Dec 15, 2017
Probably yes. The court may award maintenance depending on the length of the marriage, and the respective financial circumstances of the parties. A lot will depend on your husband's income.it may also depend on the property division. You should retain an attorney to make sure you have a good... View More
The person serving the documents was the cousin of my wife. She was with him. No one mentioned what the papers were. Does this qualify as proper service?
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answered on Dec 14, 2017
Technically, the person should have handed you papers. If they tried and you refused, putting them on your windshield would have been fine. If they made no effort to do so, you could argue the service was invalid. If they file an affidavit of service with the court indicating you were served,... View More
I don't do drugs, and I won't take the test because she won't stop making demands, i tell ok then she say my girlfriend has to take it to from no reason. i offered UA's at pick up and drop off. She took a hair test on her own came back with high counts of marijuana but says she... View More
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answered on Dec 14, 2017
More information is needed to fully answer your question or assess your situation. You do not have to do a drug test just because she asks and I understand not wanting to bow to her demands over and over again. A motion to appoint a PRE is not an order, though if there is a PRE appointed he or... View More
Every month. My wife has had the house for about 8 yrs. I have done a lot to the home and put quite a bit of money into the home. Since, I've lived at the home, the house has appreciated approximately $100k. Am I entitled to half of the equity the home has appreciated since I've lived there?
answered on Dec 14, 2017
In a divorce, the increase in value is considered marital property, subject to an equitable division (meaning "fair", not necessarily "equal'). Therefore, you may be entitled to some portion of the increased value. You should retain an attorney to represent you in the divorce to... View More
When calculating spousal maintenance/alimony & my wife does not currently have a job, can I assume reasonable income that she should be making. It has been 10 months since we separated and she does not have a full time job. In other words, can she intentionally not work (if she's... View More
answered on Dec 13, 2017
It is appropriate to impute a reasonable income for a non-working party. That can be based on their earning potential or past income. The time sharing for the children will affect child support but not alimony.
Threats include but not limited to, shutting off phone, 3 months behind house payments, kicking me out of said home, etc. He has started filing for the divorce, but has not filed. I have a 3 year old daughter, and am her sole care provider as my husband is a Fire Fighter working four on three... View More
answered on Dec 12, 2017
Your best course of action is to file for a divorce, if your husband has not already done so. The court can then enter orders for support and use of the residence.You should retain an attorney for this
He is the breadwinner he has $100,000 in his checking account and I only have $1,000 in mine we have separate accounts. I have no money for an attorney because this is a domestic violence situation am I allowed to open up credit cards in our names to pay for a divorce attorney.
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answered on Dec 9, 2017
You can open up a credit card in your name or use a joint credit card that is already opened to use for an attorney. You cannot open up a card in his name without his permission. You can also ask the court to require him to help you with the cost of an attorney while the case is pending.
They were married in Jefferson county colo. She has POA and is currently trying to sell all there assets. Wants to revoke POA but heard that a divorce would also prevent her from being able to sell everything off. He recently sold me his car but I’m afraid she will calll cops if I go get it.... View More
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answered on Dec 5, 2017
Friend can revoke POA. Either way, the best way to prevent wife from selling everything would be to file for divorce, which does need to be done in CO.
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answered on Dec 4, 2017
Firstly, she is going to have to have passports to take them out of the country. If you all are in Colorado, your best way to block this would be to file for divorce and have her served. Once she is served with the divorce papers, she cannot take the children out of the state/country without... View More
The house has about 300k in equity. Am I entitled to any of it?
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answered on Dec 4, 2017
You might be. More information is need to determine what amount of equity you might be entitled to. The house solely being in her name does not mean you aren't entitled to something.
I didn’t agree for her to take my son, I wasn’t contacted about the new case in GA, how did they get my wages here. I am now paying 250 dollars more a month
answered on Nov 27, 2017
They will be able to garnish your wages here even if it is a GA order. you should retain an attorney to help you with this so that you are not taken advantage of.
She hasn't contributed to the relationship or children during the 3 years demand's half of his assets plus alimony
answered on Nov 27, 2017
All assets acquired during the marriage are considered marital property subject to an equitable division by the court. Exceptions for gifts/inheritances. alimony is granted depending on the length of the marriage and each parties' earning potential. Generally, "fault" is not... View More
My wife filed for a modification of child support back in July of this year. The first hearing, her ex husband was examining her and brought to the court's attention that she could be spending significant assets that were not reported on the forms required. So the judge stopped the hearing and... View More
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answered on Nov 9, 2017
In a family law case, both parties should be given approximately equal time to present their cases, both parties should be given a chance to testify, and both parties should be given a chance to cross examine the other party. What you have described is not normal and may constitute judicial... View More
My divorce was finalized August 1st 2016. She was awarded household goods and I was awarded the property.
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answered on Nov 8, 2017
If the items are on property awarded to you you could probably make a case that she cannot just come onto your property and that if she does you will call the police. That being said, if the court awarded her certain items and you are not cooperating with her getting them you could have a problem... View More
we both want the divorce, and want it to go easy.
we split everything already, i don't want child support or alimony, but is it required?
Can u get 50 50 custody? and can we both file for the divorce equally?
answered on Nov 8, 2017
Custody needs to be decided in the best interest of the child. A 50-50 arrangement may be acceptable if it is the child's best interest. Child support is usually decided by a formula which considers the amount of time each party has the child overnight, the incomes of the parties, and certain... View More
The last 2 1/2 years he has not worked and smokes marijuana everyday. He doesn't have any physical sickness but he feels he can't do anything. To the point of he probably won't be able to get his paperwork filled out and go to the court. What is the best thing my mom can to to not... View More
answered on Nov 2, 2017
Your mother can process the divorce even without his participation. She should retain an attorney to make sure the divorce goes through without any complications since he is not cooperating. A house and 401k justify the expense of legal representation to ensure it is done right
We get along ok, and are raising kids and it is very expensive to move out, but all of our affairs and finances and basically lives have been separated for awhile. He lives upstairs and I live downstairs.
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answered on Oct 31, 2017
You can get a legal separation and still live under the same roof. When arriving at any agreements, you should have contingencies for some things, such as relates to the kids, in the event that you all do physically separate.
Do I have to file all my evidence now, or just the exfhibits needed for the Temporary order? Will I have a opportunity to file more exhibits prior to the Final orders hearing.
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answered on Oct 24, 2017
Any attorney would need to review your specific case management order before specifically weighing in on what you need to do. Generally, attorneys to not "file" their evidence prior to a hearing. Rather, they bring exhibits to the court hearing and ask that they be admitted by the... View More
Married for 7 years, file taxes together. She decided to stay and said the house was valued 20k less than it is. The other day I found the appraisal. Haven’t said anything yet. I already signed the papers passing the house to her name. Can I appeal in court? Can she get in trouble for that?
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answered on Oct 18, 2017
Some of this depends on how long ago the divorce was done. If within 182 days, you may be able to seek relief under CRCP Rule 60 based on fraud. You might also be able to reopen the case as to the property issue for up to 5 years pursuant to C.R.C.P. Rule 16.2. More information is needed to... View More
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