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I have full custody, he only has visitation. We are supposed to share decision making on school. Colorado law does not require they begin until they are 6 and he is not 6 until next summer
answered on Jul 14, 2017
First, review the custody agreement to see if there are nay tie-breaker rules on parenting decisions.
If he has some visitation, you do not have full custody. Likely you have either primary or joint custody.
As the moving party, your ex will need to seek a court order (which means... View More 
I left my spouse two weeks into our marriage for my own safety. We don't share any children or any property, however he has been threatening me and trying to hunt me down, he is not cooperative in this divorce. What should I expect from our upcoming uncontested hearing?
How long... View More
answered on Jul 14, 2017
Based on your facts you have a contested divorce.
The duration of the hearing depends on the type of hearing--an initial status conference usually lasts for 15 minutes, while a temporary/permanent order hearing can last the better part of a day.
Colorado does not require consent... View More
The Judge then closed the divorce. We have since filed a motion to reopen the divorce and the Judge also denied this. Stating that there was no legal reason given to reopen. How do I word a motion to re open a divorce and continue the process?
answered on Jul 13, 2017
At this point it is better to file a new petition from scratch.
wife filed 1st in Colorado and let the 1st hearing date come and go and just had husband served today. Husband filed a couple of days later and had wife served on 6/30. No children are involved
answered on Jul 11, 2017
First, both cases will proceed until the respective courts are notified of the conflict. If the courts are not notified, two judgments are possible, but you will have to go back to court to enforce one judgment and invalidate the other judgment.
Assuming both states have jurisdiction over... View More
What would happen if mt soon to be ex husband didn't appear or show up ?
answered on Jul 10, 2017
Depending of the type of hearing missed, the effect can be minor to significant (all results are bad for your ex). If it a status conference, his non-appearance will be noted and he will receive a letter from the court, but the effect is not that big unless he later tries to request a CFI or more... View More
There are 5 children a house and a marriage of 16 yrs. The husband has been the sole wage earner.
answered on Jul 10, 2017
A legal separation functions just like a divorce, except that at the end the marriage is not dissolved (meaning that neither party can remarry). In other words, property/debts are divided, child support is calculated, and alimony is calculated. Legal separations--which are relatively... View More
Have health problems and have a place to go temporarily.. Can I get alimony from him?
answered on Jul 9, 2017
In Colorado, alimony (spousal support) guidance is provided by statute, but judges are given discretion (however, most judges heavily follow the statute). There are three requirements for support: (1) financial need of one party; (2) ability for pay by the other party; and (3) duration of marriage.... View More
continued.....and has lived here for approx 10 yrs, has 2 children, separated from husband.
answered on Jul 7, 2017
You can get a divorce here. You need to meet the residency requirements of the state where you live. In Colorado, you need to have lived here for at least the past 91 days.
My former spouse is receiving pro-bono representation. Could receipt of pro-bono income be considered when calculating child support?
answered on Jul 7, 2017
Although gifts can be considered income, such as free rent, I do not think probono representation will be counted.
My former spose has received over $200K in pro bono representation from her attorney. Is there case law supporting pro bono representation may be considered as income for the [purpose of calculation child support?
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answered on Jul 6, 2017
No. The legal services received do not necessarily reduce "living costs" and would, thus, not be considered income under CRS 14-10-115.
Divorced in 2014. My ex-husband was not allowed any contact with the children at the time due to his sex offender probation. This restriction has now been lifted. When we divorced I was given full decision making but we were told we had to go back to court once the restrictions were lifted... View More
answered on Jul 4, 2017
First, do not pay attention to the comments from your ex's lawyer. Some lawyers use their "superior" knowledge as a weapon. This tactic is especially true with pro se (no lawyer) parties. You are not a lawyer, you are not expected to get everything correct. Lawyers make mistakes too.... View More
I filed a motion to modify parenting time for our child during the school year and change the school she is currently attending. 20 days after I filed, my x filed a whole new motion, not a response to my motion. Will the judge review my motion as if he did not respond after the 21st day? Or will... View More
answered on Jul 3, 2017
I cannot say what the judge will or won't do, but it safest to assume the judge will not necessarily look through all the filings to see if there is an overlap before a hearing occurs. Since modifications are tied to the original custody case, the judge should discover the overlap at some... View More
I have spoken to a lawyer about the basics and I am entitled to alimony. We just haven't filed anything yet.
answered on Jul 2, 2017
No. Moving generally has nothing to do with alimony (called spousal support or spousal maintenance in Colorado) unless it changes the economic circumstances of the person who moved - even then, some courts don't take it in to consideration.
Our friends husband is very ill and him and his sons withdrew all of their money out of their accounts and left her without any money to live o. She is not well either do to a stroke. He has stage 4 lung cancer.
answered on Jul 1, 2017
If the divorce is filed, both parties are enjoined from transferring money beyond normal bill paying (without advanced consent). If a divorce has not been filed, there is a window both before and after the filing when courts can review to see if funds are raided to prevent a division in divorce.... View More
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answered on Jun 30, 2017
If there are no custody orders in place the mom does not have to let the dad take the child.
We have no custody arrangements , he is outside of his home state now . His mom is homeless and left him in another state (with his aunt, who wants to have me pick him up asap)
answered on Jun 23, 2017
In general, custody cases should be filed in the state where the child has lived for the last 6 months. You may be able to have Colorado exercise emergency jurisdiction under these circumstances. you should retain an attorney to help you with this complicated situation.
Have not had final interview date set- filed papers in September of last year, if I go to immigration with my proof of him cheating what will happen to me and to him. We have no children, just a home we bought about 6 months into our marriage.
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answered on Jun 21, 2017
If your question tied into options related to the marriage and ending it, you would need to file for divorce. It looks like your question ties more into immigration law. You should repost it in the immigration section of the website.
My ex is still living in the house. The judge spread out equity payments over 11 years. I am going to keep my name on the deed until he has paid me in full but he refuses to take my name off mortgage and home equity loan. Had to to issue a contempt of court for not paying equity. Also had to... View More
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answered on Jun 19, 2017
You need to consult with a family law attorney to assess your situation and orders to determine what, if anything, you might be able to do. There is too much in your question for anyone to be able to thoroughly answer on line and more information is also needed. You might try Colorado Legal... View More
The other party is violating a court order not to disparage the other parent. I do not want to file a Motion for Contempt because it would escalate the matter. Can I file a Motion to Enforce his compliance with the stipulation of the court order?
answered on Jun 17, 2017
A motion to enforce is generally easier to prove and provides a court order underlining the obligations of a party. This is very helpful if support is not paid. For custody matters, a granted order combined with continued non-compliance can improve the changes of modifying custody orders in the... View More
My divorce was final last month but did not agree w/the final disposition of the truck my husband drives, purchased during the marriage. We were divorced before 3 years & my ex left after 19 months which was 11 months after the truck was purchased. I was the sole breadwinner & I have... View More
answered on Jun 16, 2017
I do not understand. If the divorce is closed with permanent orders, you would have to reopen the case before a judge would even consider altering the existing property divisions in the permanent orders. You may have recourse, but you will need to contact (and likely hire) an attorney to evaluate... View More
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