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Colorado Divorce Questions & Answers
2 Answers | Asked in Divorce for Colorado on
Q: my daughter laura needs to get out of an abusive relationship how does she get a cheap divorce
Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Aug 23, 2017

The cheapest is to file pro se (w/o an attorney). The next cheapest is to have an unbundled attorney assist with only part of the litigation. Some couples use mediators to reduce the cost for both parties. Pricing varies by attorney, so she will have to call around.

An attorney is...
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1 Answer | Asked in Divorce for Colorado on
Q: my daughter doesnt have the 200 dollars for a divorce how can she get one

he verbally abuses her daily

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Aug 23, 2017

There is a form available for parties to request a waiver of court costs if the party is indigent (the test is income based). The form can be found on the CO Courts webpage and/or she can ask the Clerk's Office for the form. If she gets a pro bono attorney (which can be difficult to... View More

2 Answers | Asked in Divorce for Colorado on
Q: I'm in a common law divorce in Colorado. I want to know if I'm entitled to my 1/2 of everything?

He says he will give me 1/2 of the retirement money. I was told he can roll my share into. IRA now and we won't pay penalties. Since he's retiring in couple months. He won't do it. Till. I sign divorce agreement. Says it can't be done till they get divorce decree.

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Aug 18, 2017

Your potential share of the marital estate is based on many considerations. First, you need to establish that you do have a common law marriage (this requires court approval). If you are not legally married, your interest is limited to jointly held property. Second, Colorado does not automatically... View More

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2 Answers | Asked in Divorce and Tax Law for Colorado on
Q: I have two questions concerning IRS treatment of Colorado maintenance.

I am in the final hours of nailing down a divorce Settlement Agreement that includes non-modifiable maintenance. In consideration of IRS rules regarding the definition of alimony, I have two questions: 1) Does non-modifiable maintenance end upon the death of either party? 2) Is a lump sum payment... View More

D. Mathew Blackburn
D. Mathew Blackburn
answered on Aug 16, 2017

Yes and yes.

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1 Answer | Asked in Divorce for Colorado on
Q: Can I file a Response to his Response to Contempt of Court?

Ex was ordered to pay $6000 on a loan, 4 years later and he has not paid. I filed a Citation for Contempt. A court date was set and papers served. He filed a response saying he needs extra paperwork and asked for a continuation.

John Hyland Barrett III
John Hyland Barrett III
answered on Aug 10, 2017

Yes you can. A response to a response is called a "reply"

1 Answer | Asked in Divorce for Colorado on
Q: I'm Colorado can my husband kick me out his house if I ask for a divorce if it's his house be bought before we married ?
John Hyland Barrett III
John Hyland Barrett III
answered on Aug 9, 2017

The divorce court can decide who lives there while the divorce is pending. Most likely, you will have to move out once the divorce is final. you should retain an attorney to represent you n the divorce.

3 Answers | Asked in Divorce for Colorado on
Q: If I file for divorce in Colorado can I finalise it from the UK?
Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Aug 6, 2017

Yes and no.

If the parties are in total agreement on all property and custody matters (including granting Colorado jurisdiction over the divorce), then the location of the parties should not be an issue because a settled divorce does not have any hearings. In this situation, a lawyer is...
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2 Answers | Asked in Divorce for Colorado on
Q: divorce foreign spouse

I lived in USA and my wife in CANADA never been in USA, to this year I just my tax married filing separately (foreign spouse, SSN:NA), if I do the year of 2016 Married filing jointly (apply for TIN number), does it affect my divorce regarding sharing my assets in USA?

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Aug 6, 2017

Tax filing status does not normally impact divisions from the marital estate. If you have a common law marriage, the filing status could be a factor in establishing a common law marriage.

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3 Answers | Asked in Divorce for Colorado on
Q: If I am served with divorce papers how long do I have to sign papers? What happens if I do not sign?
Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Aug 4, 2017

I am not sure what you mean about sign.

If you mean replying after being served, then review the material you were served with about when, where, and how you are required to reply.

If you mean are you required to agree to the separation agreement or other offer relating to a...
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1 Answer | Asked in Child Custody and Divorce for Colorado on
Q: Does my boyfriend have to legally allow his ex wife to 'see' the inside of our home??

My bf's divorce decree gives him sole custody of his two children for one month stints when he is home from deployment. He and I recently bought a house together and this is the first time that the children are staying there. His ex is insisting that he allow her to 'see their living... View More

Stephen J. Plog
Stephen J. Plog pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 2, 2017

Unless there is a court order giving her the authority to inspect the home or requiring him to allow it, he does not have to let her "see their living conditions." You are correct that he should provide her the address. If the home was just purchased she can look it up on line and... View More

2 Answers | Asked in Divorce for Colorado on
Q: What will likely happen with my divorce? I filed and never went to court, left state instead. Husband was in prison.

Not much contact with husband, but he was given mandatory release from DOC. Three initial status conferences scheduled so far. Still have no clue what is going on.

John Hyland Barrett III
John Hyland Barrett III
answered on Aug 1, 2017

If nobody shows up, the court may dismiss the case. If just he shows up, the court will rule based on just what he says. You should contact the court re: current status. You may be able to participate by phone. You have to contact the court to make those arrangements.You should also retain an... View More

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2 Answers | Asked in Divorce for Colorado on
Q: My boyfriend is on my insurance as common law. We are splitting up, do I need to file divorce papers?
John Hyland Barrett III
John Hyland Barrett III
answered on Aug 1, 2017

You may have established a common law marriage if you declared as your husband. A common law marriage is established if you live together and hold yourselves out to the community as husband and wife. you should retain an attorney to review your situation and advise you how to proceed

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2 Answers | Asked in Child Custody and Divorce for Colorado on
Q: My 12 year old daughter lives with me and my wife wants to divorce me, can I get full custody of her?

We are currently separated, my oldest daughter lives with me. I have two other children that live with my wife. I wanted to know if my wife would get full custody of all my kids in the state of Colorado.

John Hyland Barrett III
John Hyland Barrett III
answered on Jul 31, 2017

Custody of your children will be decided in accord with the best interest of the child(ren). You can get custody of your daughter if that is in her best interest. You should retain an attorney to help you get the best outcome.

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3 Answers | Asked in Divorce and Family Law for Colorado on
Q: Can my wife bring people to sleep in our house without my permission? Can I call police for trespassing?

Getting a divorce

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Jul 27, 2017

Anyone in lawful possession of a property can invite anyone they wish as a guest. Absent a lease prohibition to the contrary (i.e. part of a landlord-tenant agreement), a person in lawful possession can also allow another person to reside at the residence.

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2 Answers | Asked in Divorce for Colorado on
Q: I want to get a divorce but I want to keep my dog

My dog is already at my parents 3+ days a week since we can't leave her home alone. We purchased the dog during our marriage, but he originally didn't want the dog in the first place but has sense grown close to her. We also have a cat that was my husband's before I moved in, which... View More

John Hyland Barrett III
John Hyland Barrett III
answered on Jul 26, 2017

Pets are considered personal property in Colorado. They will be part of your property division. If you do not have an agreement about this with your husband, the judge will have to decide the issue.

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2 Answers | Asked in Divorce for Colorado on
Q: My husband and I bought a house together, I want a divorce but I don't want to sign a quitclaim deed.

I know quitclaim deeds sign over your interest to the other party, but you remain financially liable on the mortgage. I'm willing to let him keep the house but I want to be financially savvy about it. What are my options?

John Hyland Barrett III
John Hyland Barrett III
answered on Jul 26, 2017

You need to deal with this in the divorce. As you state, you will still be liable on the mortgage. You should require him to refinance the house. If this is not possible, require it be sold. You should retain an attorney to represent you in the divorce.

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1 Answer | Asked in Divorce for Colorado on
Q: My wife wants a divorce and broke her vows but I don't and she is filing what can stop her as far as laws
Stephen J. Plog
Stephen J. Plog pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 25, 2017

Realistically, there is nothing you can do to stop a divorce from occurring. Under Colorado law, if either spouse wants a divorce it's going to happen. In your response to the petition you will be served with you can indicate you don't believe the marriage is "irretrievably... View More

2 Answers | Asked in Divorce for Colorado on
Q: We moved from TX to CO last summer. How can I move back to TX with my son when we get divorced?

My wife needed medical cannabis for her back so we moved in July 2016. Now she wants a divorce and is trying to force us to live in the same town. I want to move back to Texas with my 6 year old son where all our family lives. How can I do this?

John Hyland Barrett III
John Hyland Barrett III
answered on Jul 24, 2017

Once a divorce is filed, you will need court permission to relocate with your son. Basically, you will have to show that it is your son's best interests to live primarily with you in Texas rather than with his mother in Colorado. You should retain an attorney to advise you how to put yourself... View More

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1 Answer | Asked in Divorce for Colorado on
Q: Can common law be established on a divorced couple if they were unaware?

Ex filed for divorce recently; discovered her attempt 11 years ago had already divorced us. She is trying to establish common law marriage in order to simply divorce me again with split assets...again. I feel that since i have not acted as nor represented myself as her husband since discovering... View More

John Hyland Barrett III
John Hyland Barrett III
answered on Jul 20, 2017

A common law marriage can be established after a divorce if the parties act and hold themselves out as married after the divorce. Legally, it is the same as if the parties had a ceremonial marriage after a divorce. you should retain an attorney to review your situation and advise you on the best... View More

2 Answers | Asked in Divorce for Colorado on
Q: Should I file for contempt to get my ex to pay his part of my attorneys fees he was ordered to pay as part of our divorc

Our divorce was final 7 years ago. The court ordered my ex to pay part of my attorney fees, $2,550.00 to be paid to my attorney, no less than $100.00 per month within 24 months. I was a complete mess the 1st 3 years after the divorce and had a complete mental breakdown. My finances became a... View More

John Hyland Barrett III
John Hyland Barrett III
answered on Jul 19, 2017

You have a court order. the court will enforce it if you proceed properly. In contempt, you will have to prove that your ex had/has the ability to comply with the order. If so, the court may impose a fine and/or imprisonment until/unless he pays. Also, you may be able to get a judgment against him... View More

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