My supposed to be ex-husband filed legal separation instead of divorce. He is now in contempt per separation papers from July of 2021 to remove me off the loan w/ refinance.
The whole process has been a year and a half. Now that I've done some looking into it because he has stopped... Read more »
answered on Feb 14, 2023
Having someone held in contempt of court would be for violating court orders. Whether it is a legal separation or a divorce does not matter. The key question in this situation is how long did he have to remove you from the title of the truck per the court order. If he has failed to do so by the... Read more »
using the bank re-fi value verses the fair market value?
answered on Feb 13, 2023
Colorado is not a 50-50 state. Marital property is divided "equitably', meaning "fairly', not necessarily "equally'. However, parties have great leeway in determining how to do a property division if they agree on it. The court will approve it so long as it is... Read more »
answered on Jan 27, 2023
From a legal perspective, this isn't a very long delay. So the answer would depend on a couple of factors.
First, how does your Decree read other than when she was to pay the equity? Is there any language about indemnifying you from harm? If so, that would be useful. If there... Read more »
In Colorado, my ex agreed in the separation agreement to pay me half of the mortgage since his name is on the house too. The separation agreement is part of the final orders of our divorce decree. Now he's saying he's not going to pay it. Isn't that a violation of a court order, and... Read more »
answered on Jan 25, 2023
If your final orders say that he is to pay 1/2 of the mortgage and he is not doing so, then yes, that is a violation of the orders. Yes, you can file a motion for contempt.
Remember that when you file contempt you need to be able to prove 4 main elements: 1) there was an order requiring... Read more »
I am still currently married to my wife and we have a 15 month old daughter that we both love dearly and want the best for, but I am at my breaking point in regards to my relationship with my wife. She is not the woman I married and I fear that staying married to her will not only keep me... Read more »
answered on Jan 1, 2023
Hi, James. I am sorry to hear about your unhappiness. Hang in there.
The question you ask is "How does custody work when your child is only 15 months old". The age of the child is a factor that the courts in Colorado consider when allocating "parental... Read more »
answered on Dec 27, 2022
That is a great question and in many circumstances your thoughts about non-compliance are insightful. However, as long as they were filed on the final day they were due, even at 11:59pm, then they are timely. I wish you only the absolute best.
Please note (rules of ethics... Read more »
She has been having the affair for the last few months. Staying out all night, not coming home until the morning smelling of alcohol. They also have an 8-year-old child together who has witnessed her behaviors. She has also been neglecting the child. The child keeps asking for his Mom who has... Read more »
answered on Dec 21, 2022
It depends on what he wants. He can get divorced or he can see if his Wife will agree to treatment. It is unclear the nature of the neglect. Just being gone while someone else is caring for the child is not neglect. It is not likely that she will be prosecuted for adultery.
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... Read more »
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.
My husband has inherited property in Texas however I manage the property and I pay the lawyer as well as recently paid the taxes we’re looking at divorcing and he states that he won’t give a portion of the profit when it sells to my son or I. In addition it should be noted that he’s giving up... Read more »
answered on Nov 7, 2022
In a Colorado, divorce, inherited property is considered separate property. However, any increase in the value of that property is marital. You may have some claim for the property taxes. You should get a lawyer to help you with this.
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... Read more »
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.
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... Read more »
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.
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.
answered on Nov 2, 2022
It depends on whether it was a gift to him or the marriage.
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... Read more »
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... Read more »
We own a home and have a minor child together
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.
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?
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.
this year, how is that property considered? Would the equity in the home at the time of quick sale become marital property?
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.
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... Read more »
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.
Should I repay the HELOC borrowing back to avoid commingling? With non-marital funds or thru regular wages?
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... Read more »
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
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.
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
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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