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The divorce was final in October 2020, she walked out on the family in May 2020, he is the custodial parent. He was a stay at home dad and she left them with nothing. She gets to claim them on taxes per the court paperwork and will not give the kids any of the stimulus money. It doesn't seem... View More 
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answered on Jan 26, 2021
Generally if the stimulus money was used for household expenses or for the children a court would not require that it be shared.
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answered on Jan 21, 2021
It depends on whether there is a current order and why she is trying to establish or change parenting time and whether she and you are both fit parents. There are a number of factors that a court considers in determining parenting time.
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answered on Jan 6, 2021
You can file for a legal separation, however most people file for dissolution instead. If you want to have a trial separation, you can do that without court action however each of your interests in marital property will continue to accrue.
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answered on Jan 2, 2021
An initial status conference will be scheduled within 42 days after filing and generally the filing party has to establish service at that time. If service has not been accomplished in that time then the filing party will have to explain why it has not been accomplished and request an extension.
We started divorce proceedings by filing paperwork. My wife, shortly afterwards, had multiple psychotic episodes. She's had to be in multiple hospitals and the bills have started to add up. If I go forward with the divorce, she will lose her health insurance which she needs for medication... View More
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answered on Dec 8, 2020
If spousal maintenance was requested at the time of filing, it can date back to the time of filing. That means that the longer the delay, the higher a potential arrears could be. If you want her to still be eligible for your medical benefits, then you could pursue a legal separation instead.
We want to divorce, 16yr daughter wants to stay with dad. We live in Colorado springs. All debts and credits in both our names, if we sell the house, she can have all profit. Will I still have to pay her alimony since she doesn't have a tax paying job? Is she entitled to my 401 from my job.
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answered on Dec 8, 2020
Spousal maintenance depends on the length of the marriage and the income of the parties. if you can establish her cash income or if she admits to it, then that will count. As for your retirement assets, Colorado is an equitable distribution state so all marital assets and debts are to be divided at... View More
We signed a lease together in Boulder, CO while separated. We decided to terminate our lease early while separated and before the divorce judgment was filed in California. We each paid half of the early termination fee. His CA Attorney is claiming that since we were separated, the money my ex... View More
answered on Dec 3, 2020
I do not see this as "spousal support". It may depend on the exact wording of your order for support. You should consult with a lawyer about this.
We were common law married only thing we had with each other is the birth certificate I want to relinquish her rights to my child and have sole custody but she can have visitation
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answered on Nov 16, 2020
You can file a motion for allocation of parental responsibilities to set forth custody, however you can not take a parent's name off of the birth certificate.
answered on Nov 11, 2020
That answer depends entirely on what she said in her motion and the reasons she is asking for a change. There is no short answer to this question. You will need to consult with an attorney if you want to successfully challenge her motion.
answered on Oct 22, 2020
This depends on your child support order. You should have a lawyer review yours and advise you.
My sister in law has filed for divorce after significant domestic violence and arrests of her husband. Her husband has blocked her access to bank accounts and credit cards and has no money to live on, how can her access to marital property and funds be restored so she can live and pay bills until... View More
answered on Sep 30, 2020
She can ask the court for temporary maintenance. She should get a lawyer to help her.
sit down and come to a fair and agreeable parenting schedule, she filed a restraining order against me, essentially eliminating any contact with my son. The court date for the protective order is Oct. 8.
What options are available to have this bogus order lifted prior to the Oct. 8 court... View More
answered on Sep 22, 2020
It is probably not possible to get it lifted before the hearing. You need to be prepared for the hearing and should get a lawyer to help you with this.
We have a house in both our names, I have the mortgage alone. I want to buy her out and keep the house, she wants to sell and split the proceeds. Who wins this?
answered on Sep 18, 2020
A judge could go either way on this. There is no good reason for her to take that position IF the pay out to her would be the same. If there is a dispute regarding the value of the house, the judge could decide to order a sale. You should get a lawyer to help you with this.
I filed for divorce on September 2, 2020. My husband mailed the paperwork to his sister in Texas who then filed in the blanks, signed and mailed to me. I will assume that a response was also sent to the court.
answered on Sep 14, 2020
No, this needs to be signed by your husband. You can have it stricken.
Want him there because he abandoned them. What can i do to prevent this?? Again my girls are not his kids and he moved out of his own free will prior to the divorce paperwork being filed.
answered on Sep 4, 2020
Use of the marital residence can be decided by the court. The facts you present should be considered in making that determination. You should get a lawyer to help you with this.
We agree on the homes value, and minus the mortgage, can you subtract what the potential broker fees would have been from the equity?
answered on Sep 2, 2020
You can deduct broker fees if you have an agreement to do so. If you do not have an agreement, the court will usually not do so unless it appears the property will actually be sold soon.
My wife and I were married in Georgia in 2011. We moved to Illinois after getting married, and lived there together until separating in 2017. In 2018, my wife moved to Pennsylvania. I've just moved to Colorado less than one month ago. We have no children, and have already settled on splitting... View More
answered on Aug 27, 2020
You can not file in Colorado until you have lived here for 91 days.
Deatails
answered on Aug 13, 2020
Any debt incurred during the marriage is marital .The increase in your 401k that occurred during the marriage is marital property. Marital debt and marital property can be allocated on an "equitable" basis,meaning "fairly". not necessarily equally. You probably will also have to... View More
answered on Aug 13, 2020
Yes, I would think so. So be mindful of what you put in the email. However, there may be an exception for settlement negotiations. Generally they are not admissible.
I was granted the motion ,,, enforce to pay....with compound interest....how much can I get? Is it daily or yearly,,, I forgot to put it in my order,,, so. I'm not sure if I ONLY get to charge annually....
answered on Aug 5, 2020
Generally, interest on maintenance and property division awards id 8% per annum,compounded annually. Interest on child support is 12% per annum,compounded monthly.
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