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Colorado Divorce Questions & Answers
2 Answers | Asked in Divorce, Child Custody and Health Care Law for Colorado on
Q: Can I request food logs from my wife’s lawyer concerning my daughter’s metabolic disease PKU her levels continue to rise

Oh haven’t seen my daughter in 210 days because my wife is manipulating the system in order to have sole custody and decision making. In those 210 days my daughters lab results have been consistently rising and it’s causing concern. Just wondering my options. I can’t afford an attorney but... View More

Sabra M. Janko
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answered on Sep 30, 2023

You would be better off attempting to obtain medical records rather than attempting to make a medical determination yourself. The records are protected by HIPPA, however as a parent you are entitled to the medical records of your child which you can obtain from the medical facility itself.

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1 Answer | Asked in Divorce and Family Law for Colorado on
Q: My spouse's response to me filing for divorce is to ask the court to enter orders on property division and maintenance.

What does that mean? He has an attorney, I'm poor and don't have one. Thank you

Christopher N. Little
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Christopher N. Little
answered on Sep 29, 2023

Great question!

First, I am very sorry to hear that you are going through this; divorce is generally associated with difficult times in folks' lives and I feel for you. To answer your question, your spouse has asked the Court to enter Orders concerning all of the property subject to...
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1 Answer | Asked in Divorce and Family Law for Colorado on
Q: Can my ex husband sue me for taking everything when I moved out if nothing was contested in court?

I have a restraining order against him. He came with the police to get his stuff before we were officially divorced. Once I was ordered to move out, the judge asked if anything was being contested, we both said no. I packed everything and moved. Now he's saying I stole his stuff and is... View More

Christopher N. Little
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Christopher N. Little
answered on Sep 18, 2023

Hi there,

You ask a great question. Let me first say that I am glad you are reaching out for professional assistance. Times like this are often some of the most uncertain and fraught with perceptibly difficult-to-navigate circumstances. I commend you for searching for resources and input....
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1 Answer | Asked in Divorce and Family Law for Colorado on
Q: How do I fight a potential spousal support judgement?

So my husband and I had our status conference today and at which point he decided that he did not want to go with the separation agreement that we both agreed on and is now potentially asking for spousal support. How do I show that he is just a gold digger and after money.? He has committed... View More

Sabra M. Janko
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answered on Sep 12, 2023

You can ask that income be imputed to him at the wage that he is capable of earning. Some would hire a vocational evaluator expert witness to do this. You can also provide copies of prior pay statements to indicate what you believe that he is capable of earning. However he may come up with reasons... View More

2 Answers | Asked in Divorce for Colorado on
Q: Is husband required to keep utilities on during a divorce if wife cant afford the bills? In Colorado, children in home

Wife works part time, she cannot afford mortgage/bills herself. Husband is moving out, got own apartment and is not sure about requirements to pay for bills in home while divorce is in process.

Steven  Visser
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Steven Visser
answered on Aug 22, 2023

Under the temporary injunction that is contained in the petition for divorce, parties are not permitted to dispose of property, allow insurance policies to lapse (homeowner's), and things of that nature. There is nothing in this injunction about paying bills. I have seen language in civil... View More

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2 Answers | Asked in Divorce for Colorado on
Q: Is husband required to keep utilities on during a divorce if wife cant afford the bills? In Colorado, children in home

Wife works part time, she cannot afford mortgage/bills herself. Husband is moving out, got own apartment and is not sure about requirements to pay for bills in home while divorce is in process.

Christopher N. Little
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Christopher N. Little
answered on Aug 22, 2023

Great question!

These are some of my favorite questions to answer because they involve not only the law but also strategy and wisdom. From a moralistic perspective, you should keep paying the bills simply because your child is still residing at that home. I can’t imagine you would want...
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2 Answers | Asked in Divorce and Family Law for Colorado on
Q: How do I divorce a Mexican citizen. We were married in Colorado. I don’t know where he lives now
Michael Joseph Larranaga
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answered on Sep 1, 2023

You should contact an attorney.

In a normal litigation scenario which includes divorce, you would file a complaint with the court and personally serve that complaint and a summons on the Defendant. Rule 4 of CRPC talks about personal service. You do not necessarily need to serve the...
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2 Answers | Asked in Divorce and Family Law for Colorado on
Q: How do I divorce a Mexican citizen. We were married in Colorado. I don’t know where he lives now
Sabra M. Janko
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answered on Aug 17, 2023

You have to make diligent efforts to find him, i.e. friends, family, social media. If you can't find him, you could file a motion for substituted service to provide notice through publication in a newspaper. The court would not be able to handle support matters or divide out of state property... View More

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2 Answers | Asked in Divorce and Family Law for Colorado on
Q: Does the same CFI that investigates me and my son in Colorado go to Arizona and investigate his mother?

She left her son 6 months ago and now lives in Phoenix, Arizona. Don't know how she is living, where she is living and if she is back to her old ways. Thank you.

Christopher N. Little
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Christopher N. Little
answered on Aug 14, 2023

Great question!

Yes, generally speaking, the CFI that is appointed will investigate within the scope of their appointment. That information can usually be found in the "Order Appointing Child and Family Investigator" (or some close variation of that title). I sincerely wish you...
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1 Answer | Asked in Child Custody, Divorce and Family Law for Colorado on
Q: Can I ask my husband to get mental health treatment as part of custody mediation in Colorado?

He has been charged with domestic violence in the past and had a history of problematic behavior. Most recently he has kept our oldest child (12) with him for 6 weeks straight, when previously I had the kids weekdays and he had then weekends. We do not have a custody agreement, we've been... View More

Christopher N. Little
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Christopher N. Little
answered on Aug 7, 2023

Good Morning,

Your question and the related details raise several red flags for me and I highly suggest that you consult with a qualified domestic relations attorney licensed to practice law in the State of Colorado. When it comes to domestic violence and the allocation of parental...
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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Colorado on
Q: Can I ask to continue Homeschooling and get child support in divorce mediation? (Colorado)

If my spouse agrees to pay child support/spousal maintenance while I get established in part time work, can this be part of a mediation agreement?

Christopher N. Little
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Christopher N. Little
answered on Aug 7, 2023

Good Morning,

You ask a great question! Generally speaking, parties to cases in domestic relations can be quite creative when it comes to creating terms in an agreement reached at mediation (or even outside mediation). Child support should be approved by a judge (in Colorado it is a right...
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2 Answers | Asked in Divorce and Family Law for Colorado on
Q: Can you modify a decree after the 5 year mark if the other party committed fraud with their financial statement?

The ex didn't disclose any income at the time of divorce even though they had accepted a full-time job already. Based on that information, the division of assets, to include pension was made. Can the case be reopened due to the fraud since the pension would not have been included if the actual... View More

Sabra M. Janko
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answered on Aug 4, 2023

Property settlement modification generally relates to disclosure of assets and debt and not income. Also, it sounds as though someone may have accepted a job, but may not have been working at the time of the hearing/decree.

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2 Answers | Asked in Divorce and Family Law for Colorado on
Q: Can you modify a decree after the 5 year mark if the other party committed fraud with their financial statement?

The ex didn't disclose any income at the time of divorce even though they had accepted a full-time job already. Based on that information, the division of assets, to include pension was made. Can the case be reopened due to the fraud since the pension would not have been included if the actual... View More

Christopher N. Little
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Christopher N. Little
answered on Aug 4, 2023

Good Question!

This is one of my favorite aspects of family law. The short answer to your question is that the law does provide for remedies if income or property subject to division was not properly disclosed at the time (or before) the decree was issued (assuming that was the last step...
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3 Answers | Asked in Divorce and Family Law for Colorado on
Q: Does a law firm have to disclose if an "attorney" is not licensed in the state in which they practice law?

I noticed a small "pending practice" in her email sig. She has not shown up to a hearing 2x which led me to question why. I had some stand in attorney and she did not know my case ( divorce) so i essentially had zero representation.

Michael Joseph Larranaga
Michael Joseph Larranaga pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 2, 2023

In most cases here in the state of Colorado, you need a license to practice law. There are multiple exceptions to the rule but you should check into it. This is particularly important for domestic cases since you would normally be in front of a judge. I would find it odd if they did not have some... View More

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3 Answers | Asked in Divorce and Family Law for Colorado on
Q: Does a law firm have to disclose if an "attorney" is not licensed in the state in which they practice law?

I noticed a small "pending practice" in her email sig. She has not shown up to a hearing 2x which led me to question why. I had some stand in attorney and she did not know my case ( divorce) so i essentially had zero representation.

Chelsea Marie Hillman
Chelsea Marie Hillman
answered on Aug 2, 2023

I completely understand your concern and I hope you find this answer helpful.

Attorneys must be licensed to practice law in the state where they provide legal services. While each state has its own requirements for licensing, generally it is not permissible for someone to practice law in a...
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3 Answers | Asked in Divorce and Family Law for Colorado on
Q: Does a law firm have to disclose if an "attorney" is not licensed in the state in which they practice law?

I noticed a small "pending practice" in her email sig. She has not shown up to a hearing 2x which led me to question why. I had some stand in attorney and she did not know my case ( divorce) so i essentially had zero representation.

Christopher N. Little
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Christopher N. Little
answered on Aug 2, 2023

Hi There,

You ask an excellent question and have every right to be concerned. It’s difficult to answer your question without having more information about the specific circumstances. It is important to have counsel and representation that you feel comfortable with. All attorneys at CNL...
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1 Answer | Asked in Family Law and Divorce for Colorado on
Q: If tax refunds are only discussed in mediation but the Final Orders states they are to be split evenly, how does it work

2021 taxes were discussed in mediation.

Final orders stated that any joint tax returns are to be divided evenly. She claims to have used the entire tax amount to pay for her lawyer and "take care of things" and says she owes me nothing. The amount is over 8k combined with the other money's owed.

Christopher N. Little
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Christopher N. Little
answered on Jun 26, 2023

You ask an excellent question and I can completely understand that this is likely frustrating given the amount of time between mediation back in 2021 and now.

To answer your question, final orders are generally controlling. In a Colorado Domestic Relations matter concerning property...
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2 Answers | Asked in Divorce and Family Law for Colorado on
Q: I need a divorce attorney but I’m broke. I’m being blackmailed by my ex and her lawyer boyfriend. What can I do?
Christopher N. Little
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Christopher N. Little
answered on Jun 8, 2023

I am very sorry to hear about your circumstances. Understanding that this is likely one of the most difficult and vulnerable times in your life, I sincerely applaud you for taking the first step in seeking out help.

It is difficult to find good pro bono family law attorneys, especially in...
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1 Answer | Asked in Civil Litigation, Divorce and Family Law for Colorado on
Q: What determines common law marriage in the state of Colorado? We bought a home and were together for 9 years

I filed for divorce and his attorney filed that we are not common law married.

Michael Joseph Larranaga
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answered on Jun 5, 2023

Common law marriage is a complex question that you should hire an attorney to help you address. You typically need to be together for a certain amount of time and hold out as married such as wearing wedding rings, calling each other husband and wife, and so on. Each state is different, hence the... View More

2 Answers | Asked in Divorce and Family Law for Colorado on
Q: Would a finalized, sealed divorce decree in CO affect me getting married?

My Fiancé and I are both former military, and my Fiancé told me we have to wait to get our marriage license because their divorce decree was sealed. From my basic knowledge, as long as it is finalized, you're allowed to be able to remarry, so it being sealed should have no bearing on us... View More

Christopher N. Little
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Christopher N. Little
answered on Apr 24, 2023

You ask a very interesting question, I would be happy to weigh in.

It sounds like your fiance was previously married and a party to an action to dissolve that marriage. The act of sealing an order of the Court does not usually have an impact on its legal weight. That means that the document...
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