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Colorado Divorce Questions & Answers
1 Answer | Asked in Divorce and Real Estate Law for Colorado on
Q: My husband and I both include our residency at his inherited property in texas is it considered shared?

We are military and both technically reside at my husbands property in texas however he inherited the property, in addition we paid the taxes this past year out of my saving and will be paying the taxes out of his account this next year, but we both use the account? It sounds to me like it’s to... View More

John Hyland Barrett III
John Hyland Barrett III
answered on Nov 7, 2022

This sounds like it is his separate property. However, any increase in the value of that property that occurred during the marriage is marital property, subject to an equitable division (meaning "fair'", not necessarily "equal"). You should get a lawyer to help you with this.

3 Answers | Asked in Divorce and Family Law for Colorado on
Q: My husband says the money in the bank account isn’t mine

I’m a military spouse and I’ve never had my name on the account my husband and I both use. This is because we wanted credit scores esperares and also we’d have to practically jump through hoops to add me. If we separate are all the bank accounts considered shared since we both spend money out... View More

Michael Joseph Larranaga
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answered on Nov 9, 2022

It is more complicated than that. If the money has co-mingled during the marriage it may be considered marital property. It is possible to have separate non-marital property but safeguards need to be put in place. You should talk to an attorney to help you make that determination.

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1 Answer | Asked in Divorce and Child Support for Colorado on
Q: Can I stop child support payments if I'm overpaid?

I have a child support order that was put in place in 2011 and included 3 children. We have never had a modification done even though the children moved from me as the custodial parent to their mother. 2 of the 3 children are now 21, so 2 years removed from the order and I'm still paying the... View More

Sabra M. Janko
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answered on Oct 27, 2022

It is always risky to self-adjust a court order. If the other party never makes an issue of it, you might not have a problem but if there is a disagreement, you could be in contempt of court. When a child ages out of the order, you can have the order adjusted. if you are going through Child Support... View More

1 Answer | Asked in Divorce and Family Law for Colorado on
Q: I just need to know which papers to fill out for a divorce or legal separation

We own a home and have a minor child together

Sabra M. Janko
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answered on Oct 25, 2022

You fill out a petition, summons and case information sheet to start and the clerk can assist you with the summons. You then file and have those documents personally served on the other party.

1 Answer | Asked in Divorce, Family Law, Immigration Law and Child Support for Colorado on
Q: Can I still get my children's dad which is still my husband for alimony and for child support

After 8 years they were taken out of my custody and given to my stepmom but during the time I did get tanf for them they were in my custody and I still have not divorced but he has had another family and another child and still married to me

James L. Arrasmith
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answered on Feb 26, 2024

In your situation, seeking alimony and child support remains a possibility, despite the complexities of your circumstances. The fact that you are still legally married to the children's father and that he has started another family while still married to you does not nullify your rights to... View More

1 Answer | Asked in Divorce for Colorado on
Q: Will I be ordered to pay half of my wife's medical debt when we get a divorce in Colorado?
John Hyland Barrett III
John Hyland Barrett III
answered on Jan 14, 2024

Your wife’s medical debt will be considered marital debt. If it was incurred during the time you were married to her,marital debt is subject to an “equitable distribution “as is marital property. Equitable distribution means “fair “, not necessarily “equal “. You should get a lawyer... View More

2 Answers | Asked in Divorce and Family Law for Colorado on
Q: can I get my money back for a car that was always a gift?

I was a stay-at-home wife for 10 years in 2021 my ex bought me a car as a gift of $750. Per month he made the payments from a separate account it never came out of the joint account I have a joint account yearly statement for 2021/2022 on 7/5/2022 we separated in September I was being forced to... View More

Sabra M. Janko
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answered on Oct 1, 2023

It is unclear where you are in the case. You are required to comply with any mediated agreement or court order. It is also not clear what you mean by the fact that he "put you in debt". A gift can either be to one party or to the marriage so it would be necessary to present evidence if... View More

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1 Answer | Asked in Child Custody, Divorce and Family Law for Colorado on
Q: In the middle of custody trial, ex asked for primary custody.

I have maintained primary for 10 years (our son's entire life). We live in different states and I was given primary interim custody. I have no personal issues or concerns and have always been a great parent. Our son is doing great. What is the likelihood the judge would entertain his request... View More

Sabra M. Janko
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answered on Sep 14, 2023

If there is already a court order, unless you have relocated since the last order, he would have to show endangerment to change primary parenting time.

1 Answer | Asked in Divorce and Family Law for Colorado on
Q: How do you proceed to petition for a reversal of a legal separation decree?
Sabra M. Janko
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answered on Sep 12, 2023

Once the decree is issued, it can not be reversed. You can only move to dissolve the marriage. Then if the purpose of your question is that you want to be married, you can get married again.

1 Answer | Asked in Divorce for Colorado on
Q: I have been separated for 5 months and no longer living in the home. Am I legally responsible for half the mortgage.
Sabra M. Janko
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answered on Jun 3, 2023

You legal liability arises in the mortgage agreement with the bank if you are on the loan. If you have filed for legal separation or dissolution, under Colorado law then you are expected to maintain the status quo as established during the marriage with regards to payments.

1 Answer | Asked in Divorce for Colorado on
Q: Can my wife file child support on me if she left me and started talking and having sex with someone we’re still married

My wife left me and started talking to someone else and having sex with them while I moved out cause I knew something was going on but I still was paying half the bills until I found out about her affair so now she’s talking about putting me on child support but I get my kids for half every week... View More

Sabra M. Janko
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answered on Apr 4, 2023

Child support is the right of the child so she can request that you pay child support.

1 Answer | Asked in Divorce, Family Law and Child Custody for Colorado on
Q: Can my ex who im still married to keep my kids from me even if only one of the 2 are his biologically
Sabra M. Janko
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answered on Apr 4, 2023

He can only keep the biological child from you if he believes that you are endangering the child. In that case, if you disagree, you will want to file for child custody or file for a modification if you already have a custody order.

2 Answers | Asked in Divorce and Family Law for Colorado on
Q: Is a wedding performed by an officiant in Colorado binding if the marriage license is never submitted to the state?

My girlfriend and I planned a small wedding with an officiant we had hired. A few weeks before the wedding I started having second thoughts and told her that I couldn't go through with it. We eventually agreed to go through with the ceremony and have some photos taken so her family in another... View More

Sabra M. Janko
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answered on Nov 9, 2022

If you held yourselves out as spouses then you could be considered to be common law married in which case you would need a state proceeding to dissolve the marriage.

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1 Answer | Asked in Divorce for Colorado on
Q: would this equity be considered, and if so how would it be figured? part 2 of previous question

originally my husband quick claimed it to his mom about a year after he bought it in 2002. She kept the house until 2022 when she quick claimed it back to him for 10 dollars? We married in 2014.

Sabra M. Janko
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answered on Nov 2, 2022

It depends on whether it was a gift to him or the marriage.

1 Answer | Asked in Divorce for Colorado on
Q: is a divorce valid with intestate property? I cannot find copy of my divorce Anywhere and suspect it was never filed.

My name is on the deed and mortgage papers; the home is in Hawaii. I thought we had a divorce but I nor the Public representative cannot find the divorce decree or certificate. If the divorce papers cannot be found, is the divorce still valid?

Sabra M. Janko
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answered on Oct 19, 2022

It sounds like you are looking for a will - not a dissolution decree. If there is a dissolution decree, it will be filed with the court that issued it as an official record.

1 Answer | Asked in Divorce for Colorado on
Q: If a property was quick deeded to my husband from his mom for 10 dollars at the end of 2021 and we file for divorce

this year, how is that property considered? Would the equity in the home at the time of quick sale become marital property?

Sabra M. Janko
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answered on Oct 5, 2022

It depends on whether it was an inheritance or a gift to him or the marriage. Only if it was a gift to the marriage would it be considered marital property.

1 Answer | Asked in Divorce for Colorado on
Q: I want a divorce My husband is verbally abusive and I am scared. He is an alcoholic and a narisissits and controls us.

I don't have control over the vehicle He watches where I go and wants to come with me He listens to my phone calls and he controls all the money

I want him gone I want the kids and the house How do I file with a restraining order with him leaving. How do I pay a lawyer when I... View More

Sabra M. Janko
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answered on Oct 5, 2022

If your income is low enough, Colorado Legal Services may be able to assist. Also most people who file for a protection order in county court are unrepresented. You can look at the Colorado Judicial Branch website for fill in the blank forms.

1 Answer | Asked in Divorce for Colorado on
Q: is borrowing from a HElOC on marital property to pay bills for a non-marital asset considered commingling of funds?

Should I repay the HELOC borrowing back to avoid commingling? With non-marital funds or thru regular wages?

Sabra M. Janko
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answered on Sep 25, 2022

It would be important to know what the non marital asset was, when it was acquired and whether it appreciated in value during the marriage, creating a marital interest in the increase in value.

However, generally to borrow from a marital asset during the marriage, it is necessary to have...
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1 Answer | Asked in Divorce, Family Law, Child Custody and Civil Rights for Colorado on
Q: My kids mother is collaborating with my ex whom I'm in the process of divorcing and taking kids to see her. Can I stopit

Kid mother is taking my kids to see ex that I'm divorcing currently and collaborating with her to take everything from me. Can I stop her from taking my children to her

Sabra M. Janko
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answered on Sep 18, 2022

You do not have the ability to stop the children's mother from taking the children to see people unless their safety is impacted.

1 Answer | Asked in Divorce for Colorado on
Q: My divorce is final we are selling house he has offered to pay the costs associated with sale how can I binding

So it’s already instructed how money is to be disbursed at closing but he offered to pay these out of his share what can I have signed so it’s legal and he can’t change his mind

John Hyland Barrett III
John Hyland Barrett III
answered on Aug 29, 2022

You and he can prepare a written agreement to modify the prior orders. You can then file that with the court and request the court approve the agreement and make it an order of the court. You should get a lawyer to help you with this.

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