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Colorado Divorce Questions & Answers
2 Answers | Asked in Appeals / Appellate Law and Divorce for Colorado on
Q: Can I appeal a divorce decree?

My x and I had a house in FL. He is former military so it was a VA loan. It went in to pre foreclosure in 2014 while we lived in another country. He was receiving the funds but not paying the mortgage. I came back to the states when I found out and, I managed to get a modification on the house.... View More

Sabra M. Janko
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answered on Feb 15, 2022

I am sorry to hear about your situation. An appeal has to occur within a specific time period and it has to be based on an error of fact or law. No new evidence can be introduced. It is common to divide debts in dissolution. However, if he is not performing a court ordered debt payment, then you... View More

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1 Answer | Asked in Divorce for Colorado on
Q: My wife and I are going to divorce, she wants me to cosign on a home before we divorce. What is the possible scenarios?

One of her stipulations is that I cosign for her home to buy as part of the divorce. She claims I will not be liable for any payments and we can put that in the separation agreement. She can not afford a mortgage on her own, she is planning on renting out two rooms to make the payment. Is this... View More

John Hyland Barrett III
John Hyland Barrett III
answered on Feb 14, 2022

Realize that if you do this, you will be responsible to the mortgage company for the payments regardless of what your separation agreement says. You can get a divorce with or without her agreement. y

You should consult with a lawyer to review your entire financial situation and advise you...
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1 Answer | Asked in Banking, Business Law, Civil Litigation and Divorce for Colorado on
Q: my wife served me with divorce papers. She began stealing both our accounts and our business account we are still marr

We are still married as the judge continued the divorce until July. I was wondering while we waited, how I can get my money back, as she stopped checks to both my lawyers, leaving them unpaid, and me in a financial burden. I believe she also used my signature to take me off an account, yet not... View More

John Hyland Barrett III
John Hyland Barrett III
answered on Jan 26, 2022

You should consult with your existing lawyers re how best to proceed.

1 Answer | Asked in Divorce for Colorado on
Q: Hi i have questions about a divorce i filed for i was 15 when i met my husband and he was 32 now divorcing

The time we were together not only was i not old enough to work but when i was he didnt let me he said only whores worked especially when they had a man to take care of them and then when i had kids and told him i wanted to work he said whores that wanted to get away from their kids wanted to work... View More

John Hyland Barrett III
John Hyland Barrett III
answered on Jan 20, 2022

You may be eligible for maintenance and child support in the divorce. This will depend on his income compared to yours. You should get a lawyer to help you with this.

1 Answer | Asked in Divorce for Colorado on
Q: In Colorado is a spouse entitled to monies from the SBA covid business loan in a divorce?

The business is solely mine. I received a sba loan for covid in July. Im am divorcing and am curious if he can take my money in the divorce.

Sabra M. Janko
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answered on Jan 15, 2022

The loan can only be used for certain business purposes and is not marital property to be divided in a dissolution.

1 Answer | Asked in Divorce for Colorado on
Q: If an RV is purchased within a marriage and titled to one person is it marital property upon divorce?

We have recently separated. The RV was officially paid for within a few days after we began spending time apart. If titled only in my husbands name would there be any issues of equal ownership if we divorce?

John Hyland Barrett III
John Hyland Barrett III
answered on Dec 22, 2021

Generally, anything purchased during the marriage is marital property, subject to an equitable division in a divorce. An exception would be if the money came from his separate property, such as a gift or inheritance.

1 Answer | Asked in Divorce for Colorado on
Q: File for a divorce. First initial conference is next week. But want to cancel it

File for a divorce. Using a lawyer. First initial conference is next week. The respondent has not file a response. Change of mind and heart. Can the stipulated motion to dismissed be file by petition it self, without the lawyer? Thank you in advance for your help.

John Hyland Barrett III
John Hyland Barrett III
answered on Dec 21, 2021

You will have to go through your lawyer. Your lawyer should not have a problem with this. If your lawyer is unwilling to do this, you can ask the lawyer to withdraw and then you can file it yourself. This could also be handled at the initial status conference.

2 Answers | Asked in Divorce, Family Law and Arbitration / Mediation Law for Colorado on
Q: Hello, I have a question for you .. In 2000 I was very ill and my wife at the time had gotten power of attorney,

( we are still legally married but we are no longer "together") I am now no longer dependent on her to make decisions for me, but wanting to know how, can I tell if the power of attorney is still active. and if it is active how can I cancel it.

Sabra M. Janko
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answered on Dec 16, 2021

Hello and happy holidays. If you have not revoked the power of attorney then it is still active. Yo revoke it, you prepare a revocation and provide the revocation to any place that may have a copy of the attorney.

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1 Answer | Asked in Criminal Law, Divorce and Family Law for Colorado on
Q: My husband and I were married in TX and shortly after moved to CO. Not long after arriving in CO he became extremely

Controlling and verbally abusive. I left him but neither one of us ever filed for divorce. In the midst of me leaving he stole $6000 from me. I have since moved back to TX and was just informed that he has remarried and confirmed it via records search in El Paso county. Can he be married to both of... View More

Sabra M. Janko
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answered on Dec 14, 2021

His second marriage is void if you were not divorced. What to do depends on what your goals are.

1 Answer | Asked in Divorce for Colorado on
Q: How to register a foreign divorce. Do I register it with the state government or federal government or both and where.

What offices within the government. Do I need to get an office translation of the divorce decree.

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answered on Dec 14, 2021

You register it in the United States county where you want to modify or enforce it. If the documents are in a foreign language, then you have to have them translated by a certified translator.

2 Answers | Asked in Divorce and Family Law for Colorado on
Q: Failure to follow separation agreement after divorce.

Specifically, refinancing our house and paying me the equity by the dates agreed upon. The value of the house has also increased since the agreement was signed and executed.

Can I ask for more money in equity?

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answered on Oct 30, 2021

You can enforce the home refinance and equity payment order in court.

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1 Answer | Asked in Divorce for Colorado on
Q: I'm married by common law and have a 18 month old daughter. Do I need to file for divorce?

I am a veteran and they both are considered my dependents and that we are married.

John Hyland Barrett III
John Hyland Barrett III
answered on Oct 26, 2021

In Colorado, a common-law marriage is as legal as a ceremonial marriage. So, yes, if you have a common-law marriage, you need to file for divorce if you want to dissolve that marriage. You will have the same issues to resolve as any other divorce, such as custody, child support, property division,... View More

1 Answer | Asked in Child Support, Divorce and Family Law for Colorado on
Q: Can you ask for Alimony without being married. But have been living together in Colorado for 5 years and have two child?
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answered on Oct 14, 2021

If you are common law married you can ask for spousal maintenance, however to be considered common law married, you would have to have held yourselves out at married to others.

1 Answer | Asked in Divorce and Real Estate Law for Colorado on
Q: My ex-wife and I still have a home together. Divorced three years, she is still there. I would like to get out now.

I left three years ago and she said she needed to stay until she could qualify for a loan. I have allowed it for three years and never said a word. Now she is dragging her feet and doe snot want to do it. Even though I have offered to help and do all the paperwork, calls and leg work for her.... View More

John Hyland Barrett III
John Hyland Barrett III
answered on Sep 23, 2021

this depends on what you divorce decree says about the house. The court will enforce the terms of the decree. You should get a lawyer to help you with this.

1 Answer | Asked in Divorce for Colorado on
Q: I’m currently going through a divorce. I own a home that was purchased during the marriage.

I placed my spouse on the deed however, the mortgage is solely in my name. I have made every payment on the loan myself. We have three children living with me and I’ve been deemed primary custodial parent by temporary orders. He is planning on forcing me to sell the house within 6 months after... View More

John Hyland Barrett III
John Hyland Barrett III
answered on Sep 20, 2021

This house is marital property since it was purchased during the marriage. Also, it is titled jointly. Marital property is to be allocated "equitably', which mans "fairly", not necessarily "equally". The court will probably not care who made the payments, especially if... View More

1 Answer | Asked in Divorce for Colorado on
Q: I want to make a $5,000 gift to the daughter of my best friend as her separate property wedding gift,BEFORE the wedding

The state is Colorado.

1. What specific language should I use on the check to ensure it is her separate property, e.g. 'Jane Doe as her separate property'?

(Has to fit on the check.)

2. Although I'll be sending the check 3 weeks before the wedding, does it... View More

John Hyland Barrett III
John Hyland Barrett III
answered on Sep 2, 2021

You do not need any special language. It does not matter when she cashes the check. The key is that she needs to put it into a separate account in her name only. If she puts it in a joint account with her husband, it will be considered marital property in the event of a divorce.

1 Answer | Asked in Divorce and Arbitration / Mediation Law for Colorado on
Q: Ex wife won't comply to court order, My motions keep getting denid. I just want my name off the mortgage/ loan. Thanx

She had 2 years to get refinanced and now it 4 months past that. I keep filling motions because it was already meditated, but she won't comply and won't agree to a new mediation. My last motion to go back to the original order has been denied. What can I do ? She's just prolonging... View More

Sabra M. Janko
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answered on Aug 20, 2021

If she will not comply with a court order, you can move to enforce. I don't know what has been happening in your case with your motions.

1 Answer | Asked in Divorce for Colorado on
Q: If I am not yet divorced, can my spouse work for the town that I am a trustee for?

We are going through a divorce and the town has now rented a property purchased by us, the town to him for one year. This act caused many problems and turned an amicable divorce ugly with children involved.

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answered on Jul 31, 2021

I am sorry to hear about your situation. This question is not covered under domestic relations law. It sounds as though your question may relate to conflict of interest employment issues. You may wish to post in employment law.

1 Answer | Asked in Divorce for Colorado on
Q: Considering divorce. Do we need a legal separation agreement? If I leave the house does that have negative legal weight?

Mortgage is in my name because we wouldn’t qualify with his debt to income. Title has both of our names. Looking for a consultation.

John Hyland Barrett III
John Hyland Barrett III
answered on Jul 20, 2021

You do not necessarily need a separation agreement just because you and your spouse are separating. You will need a "Separation Agreement" in order to finalize a divorce. This agreement contains details regarding your property division and support issues. Leaving the house is not usually... View More

1 Answer | Asked in Divorce for Colorado on
Q: hello yes trying to find a lawyer that could help me out to file a divorce been married almost 2 yrs

we have irreconcilable differences that we seem to not agree on therefore i do not want this marriage

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answered on Jun 30, 2021

A family law attorney could handle your case from start to finish to obtain a dissolution/divorce for you.

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