I have a restraining order against him. He came with the police to get his stuff before we were officially divorced. Once I was ordered to move out, the judge asked if anything was being contested, we both said no. I packed everything and moved. Now he's saying I stole his stuff and is... View More 
answered on Sep 18, 2023
Hi there,
You ask a great question. Let me first say that I am glad you are reaching out for professional assistance. Times like this are often some of the most uncertain and fraught with perceptibly difficult-to-navigate circumstances. I commend you for searching for resources and input.... View More
So my husband and I had our status conference today and at which point he decided that he did not want to go with the separation agreement that we both agreed on and is now potentially asking for spousal support. How do I show that he is just a gold digger and after money.? He has committed... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 12, 2023
You can ask that income be imputed to him at the wage that he is capable of earning. Some would hire a vocational evaluator expert witness to do this. You can also provide copies of prior pay statements to indicate what you believe that he is capable of earning. However he may come up with reasons... View More
Wife works part time, she cannot afford mortgage/bills herself. Husband is moving out, got own apartment and is not sure about requirements to pay for bills in home while divorce is in process.
answered on Aug 22, 2023
Under the temporary injunction that is contained in the petition for divorce, parties are not permitted to dispose of property, allow insurance policies to lapse (homeowner's), and things of that nature. There is nothing in this injunction about paying bills. I have seen language in civil... View More
Wife works part time, she cannot afford mortgage/bills herself. Husband is moving out, got own apartment and is not sure about requirements to pay for bills in home while divorce is in process.
answered on Aug 22, 2023
Great question!
These are some of my favorite questions to answer because they involve not only the law but also strategy and wisdom. From a moralistic perspective, you should keep paying the bills simply because your child is still residing at that home. I can’t imagine you would want... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 17, 2023
You have to make diligent efforts to find him, i.e. friends, family, social media. If you can't find him, you could file a motion for substituted service to provide notice through publication in a newspaper. The court would not be able to handle support matters or divide out of state property... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 1, 2023
You should contact an attorney.
In a normal litigation scenario which includes divorce, you would file a complaint with the court and personally serve that complaint and a summons on the Defendant. Rule 4 of CRPC talks about personal service. You do not necessarily need to serve the... View More
She left her son 6 months ago and now lives in Phoenix, Arizona. Don't know how she is living, where she is living and if she is back to her old ways. Thank you.
answered on Aug 14, 2023
Great question!
Yes, generally speaking, the CFI that is appointed will investigate within the scope of their appointment. That information can usually be found in the "Order Appointing Child and Family Investigator" (or some close variation of that title). I sincerely wish you... View More
He has been charged with domestic violence in the past and had a history of problematic behavior. Most recently he has kept our oldest child (12) with him for 6 weeks straight, when previously I had the kids weekdays and he had then weekends. We do not have a custody agreement, we've been... View More
answered on Aug 7, 2023
Good Morning,
Your question and the related details raise several red flags for me and I highly suggest that you consult with a qualified domestic relations attorney licensed to practice law in the State of Colorado. When it comes to domestic violence and the allocation of parental... View More
If my spouse agrees to pay child support/spousal maintenance while I get established in part time work, can this be part of a mediation agreement?
answered on Aug 7, 2023
Good Morning,
You ask a great question! Generally speaking, parties to cases in domestic relations can be quite creative when it comes to creating terms in an agreement reached at mediation (or even outside mediation). Child support should be approved by a judge (in Colorado it is a right... View More
The ex didn't disclose any income at the time of divorce even though they had accepted a full-time job already. Based on that information, the division of assets, to include pension was made. Can the case be reopened due to the fraud since the pension would not have been included if the actual... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 4, 2023
Property settlement modification generally relates to disclosure of assets and debt and not income. Also, it sounds as though someone may have accepted a job, but may not have been working at the time of the hearing/decree.
The ex didn't disclose any income at the time of divorce even though they had accepted a full-time job already. Based on that information, the division of assets, to include pension was made. Can the case be reopened due to the fraud since the pension would not have been included if the actual... View More
answered on Aug 4, 2023
Good Question!
This is one of my favorite aspects of family law. The short answer to your question is that the law does provide for remedies if income or property subject to division was not properly disclosed at the time (or before) the decree was issued (assuming that was the last step... View More
I noticed a small "pending practice" in her email sig. She has not shown up to a hearing 2x which led me to question why. I had some stand in attorney and she did not know my case ( divorce) so i essentially had zero representation.
answered on Aug 2, 2023
Hi There,
You ask an excellent question and have every right to be concerned. It’s difficult to answer your question without having more information about the specific circumstances. It is important to have counsel and representation that you feel comfortable with. All attorneys at CNL... View More
I noticed a small "pending practice" in her email sig. She has not shown up to a hearing 2x which led me to question why. I had some stand in attorney and she did not know my case ( divorce) so i essentially had zero representation.
answered on Aug 2, 2023
I completely understand your concern and I hope you find this answer helpful.
Attorneys must be licensed to practice law in the state where they provide legal services. While each state has its own requirements for licensing, generally it is not permissible for someone to practice law in a... View More
I noticed a small "pending practice" in her email sig. She has not shown up to a hearing 2x which led me to question why. I had some stand in attorney and she did not know my case ( divorce) so i essentially had zero representation.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 2, 2023
In most cases here in the state of Colorado, you need a license to practice law. There are multiple exceptions to the rule but you should check into it. This is particularly important for domestic cases since you would normally be in front of a judge. I would find it odd if they did not have some... View More
2021 taxes were discussed in mediation.
Final orders stated that any joint tax returns are to be divided evenly. She claims to have used the entire tax amount to pay for her lawyer and "take care of things" and says she owes me nothing. The amount is over 8k combined with the other money's owed.
answered on Jun 26, 2023
You ask an excellent question and I can completely understand that this is likely frustrating given the amount of time between mediation back in 2021 and now.
To answer your question, final orders are generally controlling. In a Colorado Domestic Relations matter concerning property... View More
answered on Jun 8, 2023
I am very sorry to hear about your circumstances. Understanding that this is likely one of the most difficult and vulnerable times in your life, I sincerely applaud you for taking the first step in seeking out help.
It is difficult to find good pro bono family law attorneys, especially in... View More
I filed for divorce and his attorney filed that we are not common law married.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 5, 2023
Common law marriage is a complex question that you should hire an attorney to help you address. You typically need to be together for a certain amount of time and hold out as married such as wearing wedding rings, calling each other husband and wife, and so on. Each state is different, hence the... View More
My Fiancé and I are both former military, and my Fiancé told me we have to wait to get our marriage license because their divorce decree was sealed. From my basic knowledge, as long as it is finalized, you're allowed to be able to remarry, so it being sealed should have no bearing on us... View More
answered on Apr 24, 2023
You ask a very interesting question, I would be happy to weigh in.
It sounds like your fiance was previously married and a party to an action to dissolve that marriage. The act of sealing an order of the Court does not usually have an impact on its legal weight. That means that the document... View More
The value of the property is $395,000 In the amount owed is $330,000 and the net value equity is $65,000 and the outstanding debt is 20000 and the down payment was 12,000 which was paid in full by my wife and they are offering me 5,000 for to buy me out and they offering me a chance for me to not... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 21, 2023
Good morning,
I think this is better posed as a math question. There are allot of factors to this question that are not shown here including your risk tolerance, the cost to sell the house, the real FMV. I would think 1st you would need to establish if there is a presumption that you are... View More
answered on Apr 8, 2023
Hi There!
You ask an excellent question - as you can imagine, inconsistencies in Sworn Financial Statements and pertinent financial disclosures happen all of the time in domestic relations actions. To be really clear, there are many ways to handle this situation and there is not a... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
