Get free answers to your Divorce legal questions from lawyers in your area.
He's been abusive in the past and I no longer want to live under the same roof as him, can I leave and file for divorce while living with a friend? How would this affect custody battle? I live in CO.
My name is Alexa. I no longer can continue being in an abusive marriage, he's abused me in the past. I feel like Im forced in this. I want to leave the house ASAP but im scared i will face serious consequences for taking my daughter with me. What would be the propper steps to follow in this... View More 
answered on Feb 5, 2016
As a parent you can leave with the child in both emergency and temporary situations. If you are concerned about an IMMEDIATE threat to the safety of you and/or your child you can leave without notification. If there is not an immediate threat, it is recommended that you provide your husband with... View More
I have been divorced 2 years and seprated 4 years. In the divorce agreement she was to pay all the credit card bills, even those we took out in my name. Well it seems I am still being affected by her financial problems. She sold the house, got the money, and irs sent me a bill for the loan. I sent... View More
answered on Jan 25, 2016
Unfortunately the divorce agreement do not protect (or waive) personal liability on debts originating during the marriage. The decree allows you to sue your ex-wife if you are forced to pay on the debts. You can also pursue court sanctions for her failure to abide by the decree. This rule applies... View More
answered on Jan 25, 2016
By common law married, do you mean that a court held that a marriage existed? If the marriage was never approved by a court, then the "marriage" is not recorded (i.e. she was never formally married). If the marriage was created, then yes a divorce is required. You might want to contact an... View More
lived for 8 years before moving to Colorado...which state should I get a divorce attorney..Colorado or Utah??
answered on Jan 19, 2016
You can file in either state. Contact an attorney to review the strategic considerations of filing in CO or UT.
About 8 years invested thanks one more thing if I have to pay half her debt does she have to pay half mine ?
answered on Jan 11, 2016
For my answer I will assume that the separation was informal (property has not been previously divided). A lawyer will need to review the specifics of your situation, but these are the general rules. The retirement is probably part of the marital estate (i.e. will be divided), unless there is clear... View More
answered on Jan 11, 2016
It varies based on the nature of the divorce. Jointly filed/non-contested divorces are usually around $900-$1,000. Arbitration/mediation divorces are usually charged hourly and usually range from $500-$2,000. Contested divorces are harder to call--mostly it depends on the degree of disagreement... View More
She went to college while w were separated but she never finished
answered on Jan 9, 2016
There is no definitive yes or no answer to your question because spousal support is part of a balancing test. If your soon-to-be ex is requesting support for schooling, you can reasonably challenge the request. Ultimately, the family court judge makes a multifactor determination under CRS... View More
He put a temporary protection order on me in Wyoming. Where do I start? Do I need a lawyer who has jurisdiction in both states?
answered on Jan 6, 2016
I am sorry this happened... You are correct that you must contact a lawyer. Some lawyers in Colorado do possess dual licenses in Wyoming (it is more common for Wyoming attorneys to have Colorado licenses, than the other way around). There are other options available for a Colorado attorney (or... View More
I have full custody of my children and all the decision making and he does have a child support order in place. Does that mean his parental rights are terminated except for his financial obligation?
answered on Dec 4, 2015
No his rights are not terminated. Termination of rights is a separate action which could potentially be included as part of separation agreement. Since your ex must pay child support (an obligation of parentage) it can be inferred that he has some (albeit restricted) parental rights.
I was divorced in 2005. I was the primary for both my kids and my ex was court ordered to pay me 150.00/month. She never made a single payment. I asked so many times for help with clothes or school supplies, but she wouldn’t even so much as buy a pencil. I had my son until he was grown and gone.... View More
answered on Nov 27, 2015
Since child support is tied to the child and not the parent, it is unlikely that a judge will simply offset or credit your child support payments for your daughter against your ex's unpaid payments for your son. However, you may (and should) pursue an action for back child support against your... View More
how would equitable distribution play out seeing its not really a marital asset? this is in NC
answered on Nov 18, 2015
Was it a legal separation or was it informal (i.e. no court filings)? If you are like most people the separation was informal, you are still married from a legal perspective and subject to all debts and interests until the divorce becomes final. In other words, the property is a marital asset. I... View More
He has a lawyer, I do not. I was told by an ask a lawyer I should contact him regarding questions and what I want. He sent me an email back threatening to take my children. Not referring to his client, like personal. Is this acceptable? Can be threaten and intimidate me like that? Do I have... View More
answered on Oct 16, 2015
You can file a complaint with the Office of Attorney Regulation if you feel a violation has occurred. The best recourse is to retain your own attorney (it is always advisable when the other side has an attorney). If you have a lawyer, the other lawyer CANNOT contact you without consent of your... View More
answered on Oct 11, 2015
You MAY have a right to your husband's paycheck, but you do not automatically get half. The determination is partly defined by the financial need/situation of both you and your husband. You should contact a family law attorney to learn more about your options.
We booked a trip to our country of citizenship several months prior to our pending divorce. My spouse is insisting we still go, but I'm concerned that my in-laws my persuade my spouse to not return to the US with our child. We are legal permanent residents, have jobs here and our child is in... View More
answered on Oct 5, 2015
You will need an attorney.
You can prevent the child from leaving, but you will need to quickly file the request with the court (where you filed for divorce). From the facts, you have a legitimate concern that if the child leaves Colorado the child will not return and enforcing an action... View More
answered on Sep 22, 2015
Perhaps. One would have to read it and be familiar with the requirements of a pre-nup in CO. Go see a family attorney about this.
I am in Colorado, she is in California. She will not respond to text, she states I will not do email and will not call me back to move this forward. Can, I as the respondent request dismissal or can I file in Colorado with the case "open" in California?
answered on Sep 4, 2015
What you need to do is consult with an attorney where she is. There might be a solid reason to dismiss the case.
I was tricked Into signing a mediation agreement, I thought since it was court ordered I had to sign it , no one explained I could walk or and not agree, what do I do I don't want it because it has temporary orders to share my son and that household I have proof is not sutible for him .... View More
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answered on Mar 18, 2015
In most cases, courts will view a signed mediation agreement as being binding. However, there are instances in which a court might choose to not adopt such an agreement. If the agreement relates to finances and there was inadequate financial disclosure a court might negate that agreement. If the... View More
The attorney's paralegal came to serve me the divorce papers today's and the papers where signed yesterday and their is not a court date or a case number
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answered on Mar 18, 2015
There is a strong argument that since the paralegal is just an extension of the attorney's office or firm, service by a paralegal is problematic. I have never seen a situation in which an attorney uses his or her paralegal for service. Court documents, such as initial divorce papers, are... View More
Our final decree is to be issued after the first of the year, but we are in need of more time to decide if things can be worked out.
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answered on Mar 18, 2015
Though courts will often time push to get cases concluded, court will also allow parties to a divorce case to put the case on hold for a reasonable amount of time, such as 60 to 90 days, if the parties are attempting to reconcile. To get the case put on hold for a while, a joint motion setting... View More
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