Get free answers to your Divorce legal questions from lawyers in your area.
Biggest reason why I asked we've been together 8 years now. He cannot keep a good job to help me with any bills. He does not even help me with mortgage. I Am The Sole Provider for my family that's medical insurance to everything. Everytime I go to leave him he is always constantly... View More 
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answered on Oct 17, 2017
A lot more information is needed to determine whether you would get custody of your son. You not being married would not be a basis for you to have sole or full custody. Financial considerations will not keep a parent from having decision-making or visitation with a child. If he is unable to... View More
to list it as an asset, along with any other assets acquired after the separation on the financial statement?
answered on Oct 16, 2017
Yes, you need to list all assets owned by you regardless of when you acquired them.
Parents are separated (not legally) he just moved to another state. Mom is trying to buy a condo and was approved solely on her own. Mortgage is currently in underwriting and they are requiring my Dad to be physically at the closing and on the title. Since he is not on the loan, I don't see... View More
answered on Oct 9, 2017
If your mother truly qualified for the mortgage on her own, there should be no need for her husband to be on the deed or at closing.She should get an explanation from the mortgage company. In Colorado, a married woman may hold title in her sole name, without her husband.
answered on Oct 9, 2017
There is no specific age. The court may or may not take the child's wishes into account depending on the age and maturity of the child. Usually, the court is very cautious and does not want the child to feel that they must choose between their parents.
The actual ruling states -'This Court can award attorney fees based upon Title 14, as well as Title 13. Title 14 allowed the Court to consider the financial resources of the parties, and Title 13 allows the Court to award attorney fees based upon frivolous, groundless, or vexatious actions.... View More
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answered on Oct 4, 2017
You will need to discuss this with your attorney. Each attorney is going to handle things differently. If you signed a contract with your attorney, which you presumably did, your attorney is still going to want payment. If he or she says they can wait to get paid from the other party so be it.... View More
My wife and I are divorcing. We would like to mediate, but we are have a special needs kiddo (8 year old named "Grace"), who is on the CES Waiver. As part of this Waiver, my wife (Jaime) works for an Agency of the State as a Certified Nursing Assistant (CNA) to take care of Grace. We are... View More
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answered on Oct 2, 2017
You need to speak with an attorney or someone who specifically deals with these types of benefits. Most family law attorneys can weigh in on benefits as relates to income and support, but will not know what will or will not affect the benefits. A good starting point might be the agency... View More
answered on Oct 2, 2017
In general, there is no recognition of income for division of property in a divorce. The 401k needs to be divided by use of a Qualified Domestic Relations Order(QDRO) in order to be free of tax consequences. With the other assets, there is no recognition of gain - the recipient takes the existing... View More
I was divorced in 6/2010. At that time the divorce decree stated that my now ex-husband was to payoff a joint credit card within 6 months of our divorce. 7+ years later I am still waiting for the account to be paid off and/or closed. I have contacted the creditor multiple times to take my name... View More
answered on Sep 27, 2017
You should certainly request that no future charges be made on the card. Also, you could pursue your ex for his failure to pay the account-- contempt or/and judgment. You should retain an attorney to assist you if the amount is large enough.
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answered on Sep 27, 2017
Given a one month marriage, the chances are extremely unlikely that you would have to pay her alimony. There could be concerns tied into temporary support while the divorce case is pending, but that really depends on your specific circumstances, income levels, financial entanglements, etc. You... View More
My husband and I have been separated for a year and we are now just filing for divorce. During our separation he was Going through tough time and I borrowed him over $2600 . He now refuses to pay me back and I only have text messages to prove that I borrowed him the money. We only had an oral... View More
answered on Sep 21, 2017
Oral contracts can be valid so long as they satisfy the statute of frauds. I believe yours would satisfy the statute of fraud. The texts messages may actually give you a written contract depending on what is stated in them and whether the essential terms are there - I.e. The amount you loaned him... View More
can the affidavit for decree without appearance of parties form be notarized by a notary in the state where she lives or does it have to be notarized in the state/county which we were wed and i currently live.
answered on Sep 20, 2017
The non-appearance affidavit can be signed and notarized in the state where she lives. It does not have to be in Colorado.
He is able to work more. I am making more only because i work 8-5 m-f, 40+ hours per week. He is a nurse practitioner and I am a nurse so his earning potential is greater. I am working full time because he won't. So in a divorce how does this pan out?
answered on Sep 20, 2017
Most courts in Colorado will impute full time assuming that the spouse is capable of working those hours and that those hours are available within reason in the spouse's industry. In your case, without knowing more, it sounds like the court would impute full-time on your spouse based on his... View More
I'm finally legalizing my divorce after 4 years of separation and am currently engaged. Our divorce is being finalized in Texas. I currently live in Colorado. With texas state waiting period being 30days to remarry and Colorado waiting period at zero. Which state law would I have to abide by?... View More
answered on Sep 11, 2017
Where are you in the divorce process (negotiations, post decree, etc.)?
If you have a decree you can seek court enforcement of the decree.
Try resubmitting with a little more information.
If an asset is listed in a prenup as to be treated as shared marital property in the event of a divorce, but was lost/stolen/sold at some point during the marriage, will there be any fincial liability in regard to that asset at the time of the divorce? Such as owing half of the value despite that... View More
answered on Sep 10, 2017
The proceeds from the item would remain property of the marital estate. If there are no proceeds from the item, there is likely nothing to split. That said, some actions may preserve an item even if no longer in existence.
This question is too general to answer because there is a... View More
In our divorce papers, it clearly states that we are to have no contact between the two of us, including e-mail, texts, phone, etc. However, my ex has been showing up to places she knows I will be, e-mailing me, and trying to contact me on social media. I have not responded or accepted any of these... View More
answered on Sep 10, 2017
A divorce application does not grant a restraining order against contact. It does prevent parties from leaving the state with children, moving money with approval, etc.
If there is a DV charge (which does grant a no contact order), you can contact the police if you are the victim. If you... View More
He moved in after our 3 month separation, and really wants to work things out. Anytime I try to leave him he threatens suicide, terrifying me into staying. I want him to move out, only my name is on the lease, and utilities in my name only. Can I legally make him move out? We also have a dog that... View More
answered on Sep 9, 2017
There are various ways to get your ex to leave your apartment. These range from giving 30 days notice to leave to seeking a court order to force him to leave (the latter will require a lawyer). As for the dog, it is chattel (living property) and likely is part of the marital estate and thus can be... View More
Which boxes should we check if we don't want to have the court make these decisions for us but are willing to discuss and make them on our own?
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answered on Sep 5, 2017
Presuming the JDF 1101 is a "parenting plan" form, you would check the boxes indicating you both have decision making on major issues. Attorneys don't generally use these forms, but there should be a box to check for joint decision making on the major issues, as well as a line to... View More
I was told by my 32 year old son that he was told "Don't let your father find out". So naturally I want to know whatever it is I need to know.
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answered on Aug 31, 2017
Her filing for bankruptcy should have no impact on the arrears that you owe and I'm guessing she just wants to keep her financial issues private. These should be completely separate legal matters.
We own house jointly, I have no personal income. He makes the money. Married 20 years. Lots of tension, kids very angry with me, Husband said to leave. Can I leave and stay somewhere else because of the high tensions without loosing home. Home was originally in a trust set up for me
answered on Aug 25, 2017
The short answer is no, you do not lose an interest in ANY marital property because you do not have current possession of the property.
At minimum the equity of the home is part of the marital estate (and the entire home is part of the marital estate if it was purchased during marriage).... View More
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