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Colorado Divorce Questions & Answers
1 Answer | Asked in Child Support and Divorce for Colorado on
Q: If we already have an agreed upon amount for child support do we need to fill out the child support work sheets?

We have been separated (not legally) for 10yrs, and are now getting a divorce.

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

Yes, the worksheet is required. Since the worksheets follow the mathematical formula of the applicable support statute, the support award granted under the worksheet is very important. The statutory (worksheet) amount is presumptively a fair award under Colorado law, so if your agreed upon amount... View More

1 Answer | Asked in Divorce for Colorado on
Q: Under what circumstances can a pre-nup agreement be invalidated?
Stephen J. Plog
Stephen J. Plog pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 3, 2017

Under Colorado statute, there are two main bases for invalidating a pre-nup. If there was not proper financial disclosure, as required by statute, and certain cautionary language (for ones done after and including 2014), then the agreement can be invalidated. Additionally, an agreement can be... View More

1 Answer | Asked in Divorce for Colorado on
Q: Can my dad serve my spouse divorce papers or does it have to be someone not within the family?
Stephen J. Plog
Stephen J. Plog pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 3, 2017

In a technical sense, your dad is someone over 18 who is not a party to your case and could serve her. However, if she ever raises the issue of whether she has been served, the fact that he is your family member could be called into question from a credibility standpoint. We generally discourage... View More

1 Answer | Asked in Divorce for Colorado on
Q: divorce: husbands name on car title, can I have car in divorce?

Car was given to us from husbands mother as a safe car to use because we have a daughter. I would want to keep car because I will have sole custody. My name isn't on title but I pay the car insurance.

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Mar 2, 2017

You can use it during the divorce unless you are prevented by court order. You can also request the car as part of the divorce settlement regardless of who was actually on title (in Colorado any titled property is presumed jointly owned regardless of names listed between spouses--note, some... View More

2 Answers | Asked in Divorce and Family Law for Colorado on
Q: If my husband is married in mexico to his first babys mom, then lied about it. What do i do now?

So we have 2 kids a 10 n 8 yr old he is illegal n has 4 or 5 other kids with different women. I knew he had been married to one of his oldest childs mom. He had gone to jail n we thought if we got married they would not deport him since i had just had a baby n we were married but that was not the... View More

Brian Lehman
Brian Lehman
answered on Mar 1, 2017

I recommend contacting a family lawyer near you to get advice. Here are some basics so you can communicate with that lawyer as to what you are seeking.

The marriage is prohibited by Colorado law because it is bigamous (meaning, one spouse is still legally married to someone else)....
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1 Answer | Asked in Divorce for Colorado on
Q: What am I entitled to after 45 years of marriage and I retired early? If I get support, how long am I entitled to?

In a divorce,what about 401k of his? Social security benefits? Thanks!

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

Repeat question. See prior answer.

2 Answers | Asked in Divorce for Colorado on
Q: I'd like to know what I'm entitled to at the end of a 45 year marriage? I retired early but he still works.

Spousal support and if so how long, his 401k, SS, anything like that Thanks!!

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

You will have to contact a family law attorney for a specific discussion of your situation, but here are the general guidelines.

With a 45 year marriage you have the potential to receive alimony for many years (spousal support in Colorado), but there are multiple factors required by...
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1 Answer | Asked in Divorce for Colorado on
Q: Need divorce attorney can spouse be made to pay legal fees married 25 years 2 minor children
Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Feb 10, 2017

Yes, there is a potential that one spouse pays for both sides of the divorce. Note, this requires both inability to pay by one spouse and ability to pay for both by the other spouse. Payment of legal fees is a discretionary matter (unless one side purposefully delays or hinders the required... View More

2 Answers | Asked in Divorce for Colorado on
Q: If my final court hearing ends up being scheduled in August or September, can I request to postpone it for a while?

I filed for divorce on Jan 4th and my husband can not be located. I've attempted to serve him a couple of times, and I think soon I will have to file for a summons of publication. I understand that without his compliance, I will have to appear in court for the divorce, and I read "4-6... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Feb 3, 2017

Your reading is correct, but the exact timing of cases is always hard to predict. Timing really depends on the case. The length depends on the number of hearing that are required (i.e. emergency hearing and/or temporary order hearings). There can also be delays if experts are used, a party requests... View More

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1 Answer | Asked in Child Support, Divorce and Family Law for Colorado on
Q: Can I file a parenting plan in Colorado without a divorce or separation?

My husband & I are at a crossroads & the counselor suggested I come up with some kind of legally binding agreement regarding the children & household & divorce becomes what happens when its broken. How can I do that? Where would I look?

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Feb 3, 2017

You can have a private agreements, but without a court order there is no means of enforcement. That said, if you both agree on all terms you can file for divorce/legal separation in a non-contested manner (this means significantly lower costs and usually no court appearances).

I assume...
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2 Answers | Asked in Child Custody and Divorce for Colorado on
Q: Am I required to pay alimony if she is living with a man and claiming he is her spouse even is not legally married?

My ex wife has used the excuse that our marital house was foreclosed due to me not working the same job anymore, she says if Ibtry to see my kids she will sue for back support. I always pay my child support, usually I overpay that every year but do i have to worry about alimony if she is with the... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Feb 3, 2017

If the alimony is part of the separation agreement, you are required to pay until the term ends. Colorado does not automatically terminate alimony on remarriage, living with someone or receiving support from another person(s). However, these factors may allow a reduction in alimony. If alimony was... View More

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2 Answers | Asked in Divorce for Colorado on
Q: I just filed for divorce is my husband allowed to you give or put our house in his son's name before our first Hearing
Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Jan 31, 2017

Absent an agreement by you or court approval, this would be a violation of the injunction on non-approved transfers of property from the marital estate that was put in place when you filed. Regardless, the home should appear on his sworn financial statement (both parties are required by law to... View More

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1 Answer | Asked in Divorce for Colorado on
Q: My husband refused to be served his divorce papers. Will this speed up the divorce process?

I filed for divorce after 3 weeks of marriage and we share nothing together- no debts or investments or children.

The papers read "if you fail to file a response in this case, any or all of the matters above or related matters which come before this court, may be decided without... View More

Stephen J. Plog
Stephen J. Plog pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 26, 2017

I'm not sure specifically what you are asking? He has to be served. If he refuses to be served you might file a motion for service by publication. If he is not served in one form or another the case will not proceed. If he is served and then fails to file a response or take part the case... View More

1 Answer | Asked in Divorce, Child Custody and Domestic Violence for Colorado on
Q: I am separated from my abusive husband right now and filed for divorce a month ago. I want to move to a different state.

Do I have to wait for the divorce to be final before I move?

Also, he does not know that I am pregnant, and neither does the court system. If I move to another state and give birth there, which state's laws will apply to my child and I?

What happens if I give birth to my child... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Jan 26, 2017

You can leave the state without court approval. Be aware that because the divorce proceedings are still active you still need to appear. If you have a lawyer, you can appear for most of the proceedings via phone (this is not the preferred method and there is some court bias towards this, but there... View More

2 Answers | Asked in Family Law, Divorce and Tax Law for Colorado on
Q: So if my ex and I have an agreement ( verbal, through text, as we are not communicating that well right now)

The agreement is that I claim all 3 kids this year on income tax, then next year we work something out through court. I have the text saved with him saying that I claim all 3, which I already did. He now wants to take me to court and says I will owe him back taxes? Is this true?

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Jan 24, 2017

For the agreement, until a document is signed/notarized and approved by a court, any agreement is not locked. The text is evidence of an agreement (and can be admitted to evidence as a prior agreement/performance), but private agreements can always be modified in a court filing (there are some... View More

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1 Answer | Asked in Criminal Law, Divorce, Child Custody and Child Support for Colorado on
Q: I have been on probation for a DV charge since July 2016, classified as battery because I broke my ex's phone.

We are now going through a divorce and custody battle over our 3 children. They were not home at the time I was arrested. Will I lose my kids because of this charge? I have been doing all my classes, paying fines and passed all my UA' s and possibly completing my DV classes early. My kids... View More

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

DV against a spouse charges are not considered in custody determination beyond the following situations:

(1) restraining orders (PO) may require the use of neutral 3rd party locations for child exchanges;

(2) the DV is related to one or all the children (or there is alleged sexual...
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2 Answers | Asked in Divorce for Colorado on
Q: If I do not agree with a magistrates finding on a motion I filed, can I file a petetion to have someone else review?

I am trying to update my decree on several items that are all in the benefit of my X wife. At the time I was OK with how things were to help her get back on her feet. Now she makes as much as I do, and we share our kids equally, so I would like to make items on the decree more equal now. My X... View More

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

You can request another magistrate, but the chances of getting another judge are low (unless you live in a large county (e.g. Denver) where there are several magistrates.

I do not understand how your modification would be dismissed because your ex refused to participate in mediation. Your...
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1 Answer | Asked in Criminal Law, Divorce and Family Law for Colorado on
Q: In the state of Colorado Is it illegal to move your children out of state? If so what might the charges be?

There was no custody agreement in place. The mother moved the kids to Ohio. The kids were shared 50/50 before she left. If the father went and brought them back to Colorado in the state they were born would it be considered kidnapping?

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Jan 14, 2017

Unless there is a pre-existing custody agreement or a pending custody/divorce proceeding, it is not illegal or improper for a parent to leave the state. If something was in place (custody agreement or litigation) Colorado courts would likely still allow the move, but would likely modify the... View More

2 Answers | Asked in Divorce for Colorado on
Q: My husband who just got out of jail filed first what do I do?

he just got out of jail for a dv and trespass and there is no custody arragements made as of yet but I don't want him to keep the kids I am afraid of what he will do. He might leave the state.

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Jan 13, 2017

If there is no custody order in place you are not required to let him see the children. This will likely change via permanent or temporary custody determinations if either a divorce is filed or a custody/visitation motion is filed. While you are required to comply with a court order, without a... View More

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1 Answer | Asked in Divorce for Colorado on
Q: My divorce decree does not have a end date notated. What steps do I need to take to get one added?

We were married 7 years, have been separated for 4 years and officially divorced for 3 years. I have been paying spousal support since our divorce was finalized 3 years ago. My decree does not have an end date notated for when this spousal support will end. What steps do I need to take to get... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Jan 13, 2017

What the...?! I am really surprised that there is not end term or end amount of money attached to spousal support. If this is correct, you will need to file for a modification of the decree. Unless the contractual terms were intentionally left open (which a court may not enforce), you can... View More

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