Contact the mediator. If you moved for the modification you should be listed as the petitioner (regardless of how you were listed on the original decree). In other words, I think that the mediator correctly stated that your ex (the respondent) did not participate. If there is an error, the mediator... View More

Colorado has wholly eliminated fault from divorce proceedings, so real or alleged infidelity is inadmissible in a divorce proceeding. However, Colorado has not prevented private parties from seeking civil damages for the release of private information (i.e. through what means did you gain this... View More

You can contact the applicable Sheriff's Office to see if there is a hardship/low income waiver available. I know that Colorado has a program for instate service, but I do not know about Arizona. You can also try reposting your question in the Arizona section of Justia (this question is filed... View More

There are many issues here, so I will break these up into sections.

(1) Common law marriage. Colorado does recognize common law marriage, but this a judicial determination. This means that before a divorce (i.e. property division) can occur, the existence of a marriage must be shown. There... View More

This is partially based on the nature of the grant by bequest. If the property was given fee simple (with no restrictions), the income should be yours. It is possible for the testator (the deceased) to separate property ownership from income (e.g. a life estate or other means), but this is not that... View More

A notary is required for each signature if they are signed separately (only one notary is required if BOTH parties sign at the same time). Notaries are different in Europe versus the US (where a notary is only a paid witness). You can find a substitute official in Russia who can provide an official... View More

Stephen J. Plog Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 13, 2016

The court cannot necessarily order him to live in the house. The court can certainly order him to pay the mortgage. If the order is that he is responsible for the mortgage and he is paying the mortgage, then I don't see an issue, unless somehow his lack of being there prevents showings from... View More

Child support and visitation (parenting time) are unrelated issues in Colorado. As a general rule, lack of contact for a long period of time should not impact whether he should have contact with the child. That said, you can seek a modification of the joint custody in favor of primary (be aware... View More

If the Colorado has jurisdiction over the matter, alimony does not necessarily end with re-marriage (unless agreed otherwise). If you have an agreement or the divorce is from another jurisdiction (and not transferred to Colorado), you may have a claim. Contact an attorney for details.

Colorado allows a spouses (or ex spouses) who have a significant income disparity to request the higher income party to pay all legal and court costs (this includes paying for both attorneys). This can be requested on the petition, but only a judge in either permanent or temporary order(s) can... View More

Venue is determined first by the county in which both spouses currently reside. If they couple do not live in the same county (as in your situation), venture is selected in the county where the first spouse files (so El Paso Co.). This will remain unless your ex files in her answer a request for a... View More

No, you and the woman are co-owners. If you seek a court order forcing her to leave, the home must be put up for sale (or you can offer to buy-out her portion).

Ok, this is a lawyer being cute. Jurisdiction (meaning the court has power to decide something) can be limited (aka subject matter jurisdiction). If this is only a custody matter with no divorce claims (by common law), technically the court only has the power (subject matter jurisdiction) over the... View More

The clerk should grant you a 2 week extension for the filings, but after this point you ex can seek court enforcement for non-production (and can requires that you pay for legal fees associated with the non-production). The meeting will last for 15-20 minutes and will likely not be in a courtroom... View More

I can see the frustration. This is a matter that courts will have difficulty handling. You can seek a modification of child support or amending the custody agreement to cover clothes, but it may be difficult to find a sympathetic judge if the matter is contested (i.e. your ex does not agree). This... View More

I am not sure what you read.

For Colorado to have jurisdiction (power) over a minor, the child must at least reside in Colorado for 6 months plus 1 day. Retroactive support does not usually have this requirement provided that Colorado had jurisdiction over the child in one of two... View More

If the child has (or does) live in Colorado for at least 6 months, a modification can be filed in Colorado. The terms that you are proposing are very unusual. Be warned, these terms may be unenforceable even if they are violated.

Contact a family law attorney. Colorado will continue to have sole jurisdiction over the children for at least 6 months beginning when the children permanently leave Colorado. If you privately agree with your wife, there is nothing wrong with informally leaving with the children. However, if you... View More

Colorado, like all states, does not necessarily require that the child be biological or legally adopted for child support to apply. There is a general provision that if a non-biological parent assumes the role of a parent for several years (whether or not he knew of the child's biological... View More

Not enough information is provided. What motion was filed and what type of ruling did the judge make? As a general rule, emergency orders can be granted on an accelerated pace and ex parte (without a party present) in limited circumstances. Note, emergency orders are of a very limited duration.... View More