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Colorado Divorce Questions & Answers
1 Answer | Asked in Divorce for Colorado on
Q: If there is a rental agreement would property have to be split in a divorce?

I purchased a piece of property before we were married. I know Colorado is a community property state. If I have a rental agreement with my husband would I have to split the appreciation of the property for the 3 years we have been married if we divorce? I pay all of the mortgage and property... Read more »

John Hyland Barrett III
John Hyland Barrett III
answered on Jun 24, 2022

Colorado is NOT a Community property state. Marital property is to be divided "equitably", which means "fairly', not necessarily "equally". The appreciation that occurs during the marriage is marital property. I do not think a rental agreement would make any... Read more »

1 Answer | Asked in Child Custody, Divorce and Family Law for Colorado on
Q: I am married, just filed for divorce. My wife lives in NC, I live in CO with our minor child and need to move to KS.

I have residential custody and there is already a parenting time plan in place, filed and approved by the courts as a result of a abuse/neglect investigation involving my wife. She moved to NC during that investigation before there was a parenting time order. She now says I'm not allowed to... Read more »

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

You need her consent or an order from the court allowing the move. If she will not consent, you should file a motion to approve the move. You should get a lawyer to help you with this.

1 Answer | Asked in Divorce for Colorado on
Q: If i get a divorce and my wife wants half the profit of the house would i have to give her that if i dont want to sell

She has abandoned the property for several months now moved in to her own place

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

Assuming the house was acquired during the time you were married, it is marital property. Marital property is subject to an equitable division-meaning "fair" ,not necessarily "equal". She will get her fair share of the house-probably 1/2. The court may order the house sold... Read more »

2 Answers | Asked in Divorce for Colorado on
Q: I have been married for 29 years. Will my husband be entitled to 1/2 of my retirement if we divorce?

I have worked for my entire marriage but my husband hasn't and has no retirement plan.

John Hyland Barrett III
John Hyland Barrett III
answered on Apr 4, 2022

The portion of your pension that you earned during the marriage is marital property. Marital property ,including the pension, is subject to an equitable division. So, yes, he will get 1/2 of the pension, assuming it all was earned during the marriage.

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1 Answer | Asked in Divorce for Colorado on
Q: When filing divorce paperwork I'm at the part asking about cash on hand and bank accounts.

When filing divorce paperwork I'm at the part asking about cash on hand and bank accounts. We didn't share bank accounts or money. So do I check joint because I had the account while we were together?

Sabra M. Janko
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Sabra M. Janko
answered on Mar 26, 2022

Joint accounts are accounts that are jointly titled. If you have an individual bank account you identify it and mark it individual.

1 Answer | Asked in Divorce for Colorado on
Q: I'm not sure what this means I'm not the petitioner and what does it mean if anything if he has left home now.

Pending sale, petitioner shall be responsible for all loan payments, insurance, taxes, utilities and maintenance, and petitioner shall be accorded possession of the property pending sale. I don't have a job but he left the home after this was made house is in both of our names. The house never... Read more »

John Hyland Barrett III
John Hyland Barrett III
answered on Mar 11, 2022

I would need to actually read the order to be sure, but it sounds like he was to pay the mortgage etc. until the house sold. You should consult with a lawyer to help you decide how best to proceed. The fact that he left does not change the order.

1 Answer | Asked in Criminal Law, Divorce, Family Law and Child Custody for Colorado on
Q: Are the details below obstruction of justice and if so, can I file for obstruction of justice?

I am currently in a custody case with 3 individuals. Me, the Father, and his sister/intervener (sister has guardianship) we just went through a Child family investigation and the CFI recommended that the guardianship is no longer in the best interest of my son and that my son should be returned to... Read more »

Sabra M. Janko
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Sabra M. Janko
answered on Mar 10, 2022

A CFI Report not not pertain to "justice" but rather the best interests of the children. Generally prosecutors are not interested in pursuing issues that arise in civil matters. However if you believe that someone behaved inappropriately in the civil case, you can raise that issue in the civil case.

1 Answer | Asked in Child Custody and Divorce for Colorado on
Q: Does cheating on spouse in colorado affect the custody of kids when the cheating parent had a previous dhs investigation
Sabra M. Janko
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Sabra M. Janko
answered on Feb 20, 2022

I am sorry to hear about your situation. Colorado is a no-fault divorce state which means that in general marital fault does not impact parenting time matters. There are exceptions for matter that impact the children and there can be exceptions for economic fault.

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.... Read more »

Sabra M. Janko
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Sabra M. Janko
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... Read 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... Read 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...
Read more »

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... Read 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... Read 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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Sabra M. Janko
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
PREMIUM
Sabra M. Janko
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... Read more »

Sabra M. Janko
PREMIUM
Sabra M. Janko
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.

Sabra M. Janko
PREMIUM
Sabra M. Janko
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?

Sabra M. Janko
PREMIUM
Sabra M. Janko
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,... Read more »

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