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Colorado Divorce Questions & Answers

1 Answer | Asked in Divorce for Colorado on

Q: I have been married to my husband for 6 years. We just recently re-financed the house and added my name, what do I get ?

All the equity he had when he refinanced was accrued while we were married, but my name was not added until recently. Do i have rights to some of the equity we pulled out during the recent refinance?

Sabra M. Janko answered on Aug 14, 2019

Generally you would have equity in the marital appreciation in a dissolution action. If you took out equity and spent it, then you would not have an interest in that. You do not mention dissolution, however your question is posted in the dissolution area. If the money is sitting in an account, upon... Read more »

1 Answer | Asked in Divorce and Family Law for Colorado on

Q: I'm going through a divorce that's been getting dragged out with no mediation date getting scheduled. With the case

Getting drawn out, is my ex entitled to more equity in my company if it was only a few months old when they filed for divorced and I moved out? Or do they only look at revenue and sales for those few months? It's now 6 months after moving out with a lot more income. Marriage was only 3 years

Sabra M. Janko answered on Aug 14, 2019

You can agree to mediate at any time that you like. If the court has not ordered it, you can mediate privately and the mediator can provide you with a certificate of mediation if you do not reach agreement. Divorce actions can take some time, particularly if they are contested. Marital property is... Read more »

2 Answers | Asked in Divorce, Child Custody and Child Support for Colorado on

Q: In Colorado, I signed form for wife to take kids to CA, but now she won't allow me any contact. what can I do? Div final

I felt it was what was best at the time (I did not have a place to live) and an agreement was made that I could see and talk to kids. Divorce is final (per her) I am trying to get copies. She refuses to allow me to visit, or even talk to the kids. Is it too late to do anything?

John Hyland Barrett III answered on Jul 16, 2019

Initially, this will depend on what the divorce decree says about this. Also, you may be able to request a modification if you are not satisfied with those provisions. You should get a lawyer to help you with this.

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2 Answers | Asked in Child Custody, Child Support and Divorce for Colorado on

Q: Been in colorado 4 months with my two kids. Can I file from colorado for divorce

Husband and I separated...we agreed I would come to colorado while he worked on things. Once I and the kids got here he claimed to want a divorce. We have been here 4 m ths. Am I able to file in county where I reside and have it cared through colorado courts.

John Hyland Barrett III answered on Jul 16, 2019

You can file for divorce in colorado since you have been here for 91 days. However, Colorado will not have jurisdiction to decide custody issues until you have been here for 182 days before filing. Therefore, you should wait until then. You should get a lawyer to help you with this.

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1 Answer | Asked in Divorce and Child Custody for Colorado on

Q: I live in Denver, CO. If I have used my vacation time, can I take my kids on vacation during my holiday time?

We have 14 days of vacation and certain holidays each year.

John Hyland Barrett III answered on Jul 3, 2019

This depends on the exact wording of your parenting plan. You should have your attorney review the Plan and advise you of what you can do.

2 Answers | Asked in Divorce and Real Estate Law for Colorado on

Q: Will I be legally responsible for a house my husband who I am no longer living is buying in a different state?

I moved from Florida to Colorado and cannot file for the divorce until I have lived here for 90 days. We have already split our money and he will be paying for the house with his money. I have been asked to sign a paper saying I have no claim to the house. Does that protect me if he defaults or if... Read more »

John Hyland Barrett III answered on Jul 2, 2019

Under Colorado law, the house will be marital property since it is purchased during the marriage. All marital property is subject to an equitable division in a divorce. this means property is divided "fairly', not necessarily "equally". You should have an attorney review the document he is... Read more »

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1 Answer | Asked in Divorce for Colorado on

Q: Can a 21 year old CO divorce case be reopened for my ex to come after my retirement? Decree says she doesn’t get it.

My ex wife and I got divorced 20 years ago. At the table with our two attorneys she agreed to waive her rights to any of my retirement account and at the time I had less than ten years contributing. The court papers say this is “permanent and irreversible” or something like that. Married seven... Read more »

Sabra M. Janko answered on Jun 8, 2019

An attorney would have to review your agreement in order to know what your legal rights and obligations are. Typically if she waived sharing in your retirement, then she could not reopen the matter to ask for it. Sometimes decrees do allow for requests at a later time when the retirement amount is... Read more »

1 Answer | Asked in Divorce for Colorado on

Q: Due to jobs, we lived in separate states when we were married and continued to do so for the duration of the marriage.

We are divorcing and, as part of the divorce agreement, my soon-to-be ex wants me to pay her for money she spent during the marriage: air fare, rental cars, money she contributed toward a custody issue with my child, and toward basic bills etc. Is this something that a judge would agree with?

Sabra M. Janko answered on Jun 8, 2019

In a divorce, you will divide marital assets and debts. It is unclear why your spouse would want you to reimburse her for money that she spent during the marriage unless you had some agreement to that effect.

2 Answers | Asked in Child Custody, Divorce and Family Law for Colorado on

Q: Time with my daughter.My names on birth certificate and no custody case yet she refuses to let me see her. Is that legal

Hoping to find help so i can see my daughter again and hopefully get split custody. Her mother and I are still married, my names on the birth certificate. i was forced out of my daughters life by wife when we split. There is no custody case saying where my daughter is supposed to be. She refuses to... Read more »

Sabra M. Janko answered on Jun 8, 2019

I am sorry to hear about your situation but you can make a change. You can file for an Allocation of Parental Responsibilities so that you can set a schedule for childcare and parenting time. Your spouse should not be preventing you from seeing your child absent concerns about the welfare of the... Read more »

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2 Answers | Asked in Divorce and Real Estate Law for Colorado on

Q: My ex-wife was on my deed under her maiden name but filed a quitclaim deed under her married name. Do I need to amend?

I am going to refinance my Colorado house but the title company says I have to amend my quitclaim since the deed was originally under my name and her maiden name. The quitclaim deed was signed under her married name. I have no idea where my ex-wife is to file an amended quitclaim deed. If I need... Read more »

Donald C Eby answered on Jun 4, 2019

It is a little difficult to clearly understand the chain of title here. But, generally the seller must sign exactly as he or she took title. If that did not occur the title company may refuse to issue a title policy for a transaction now. The only way to cure is to file a corrective deed which... Read more »

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1 Answer | Asked in Divorce for Colorado on

Q: Does i need to wait for a divorce to finalize or at what point during a divorce can i go back to my origin country ?

We where married for 14 years, i am a German citizen, we have a 12 year old son together, we agree on all terms and we not ask for any financial support from each other.

John Hyland Barrett III answered on May 15, 2019

You can leave whenever you want. However, you may want to wait until the divorce is over in case you need to make any court appearances. Also, you can not take your child with you without written permission of the other parent or an order of the court. You should get a lawyer to help you with this

1 Answer | Asked in Divorce for Colorado on

Q: I'm about to get a divorce from my wife. I started a business a few months ago that is solely in my name as a LLC

with it's own bank account that I pay myself on the payroll and one other full time employee. Will my wife have access to money in this account with it being a new business and has plenty of debt owed from purchasing two vehicles and other necessities? Or is the business completely separate from... Read more »

John Hyland Barrett III answered on Apr 3, 2019

Your ownership interest in this business is marital property, subject to an equitable division by the court. It may be that the business has no value. You should get a lawyer to help you protect your interests.

2 Answers | Asked in Divorce for Colorado on

Q: I'm currently in the beginning stages of a divorce. My wife got an attorney to file and initiate the paperwork that

Was served to me even though I wanted the divorce. They keep asking me to sign a waiver and submit my financial information, "to come up with a fair plan,"

and make it a simple process. We have no kids, so it's just a matter of debt and equity of a house. Does this sound like a strange that... Read more »

Courtney Edwards answered on Apr 3, 2019

Signing a waiver will alleviate the need to have you served by a Sheriff. They could have had you file jointly but sounds like this isn't the route that was taken.

Regarding your financials- the both of you will have to fill out and file a Sworn Financial Statement. That is what they are...
Read more »

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1 Answer | Asked in Divorce and Military Law for Colorado on

Q: My ex-wife was awarded 45% of my military pension when we divorced in 1997. She remarried sometime in the 80’s.

Am I required to still pay the alimony as she has remarried?

John Hyland Barrett III answered on Apr 2, 2019

This depends on the terms of your divorce decree. Usually, alimony stops upon her remarriage. However, the division of your military pension is not alimony. It is part of your property division. Those terms would not change upon her remarriage. you should have an attorney review your decree and... Read more »

1 Answer | Asked in Divorce, Family Law, Domestic Violence and Elder Law for Colorado on

Q: I am a disabled senior married 33+ years and the injured spouse. I need to filled divorce now, she has taken all & moved

I have been taken care of most of those yrs. WIfe is breadwinner and has $200,000 to $400,000 in assets. I been living on st and hotels over a yr, no car or health insur or any of our or my things. She moved and took everything we had. I just want my life back or at least part of it. We lived... Read more »

John Hyland Barrett III answered on Mar 25, 2019

Lawyers in Colorado are not allowed to do divorces on a contingent fee basis. It is possible that the court could order her to pay some of your attorney fees.

1 Answer | Asked in Divorce for Colorado on

Q: My husband has been treating me bad and finally he did not come home I threw him out and he drained the money

I have medical issues and I can not get my meds

John Hyland Barrett III answered on Mar 19, 2019

If you were to file for a divorce, the court can enter orders for maintenance (alimony). However, that will take some time so you need to figure out a way to handle your immediate needs. Also, you should get a lawyer to help you if you file for a divorce.

1 Answer | Asked in Divorce for Colorado on

Q: In divorce can one spouse get the house when both names are on it. One of them pay 100% of househoud bills.

Hello, my sister is getting ready for her final divorce. Her husband still stays at the house. He has cocaine and other hard drugs at the house and comes and goes at weird hours. They have 2 little kids. She pays the mortgage and all bills for the house. She wrote in her paper work she takes... Read more »

John Hyland Barrett III answered on Mar 18, 2019

The judge can award the house to either party as part of the property division. The judge can also order the house sold and the proceeds divided accordingly. Your sister should get a lawyer to help her with the custody, child support, and property division issues.

2 Answers | Asked in Divorce, Family Law, Real Estate Law and Probate for Colorado on

Q: if a wife leaves the home "joint tenancy" then husband passes is wifes new common law husband entitled to the property

my mom committed adultery and left the marital home owned in joint tenancy 6 years prior to my dads death, my mom passed away 6 years later, both names are still on house deed/mortgage, they have 3 adult children, (neither had a will) moms boy friend claiming common law husband is trying to take... Read more »

John Hyland Barrett III answered on Feb 28, 2019

Since the house was owned in joint tenancy, your mother became the sole owner upon your father's death. Upon her death, it passes to her children if she did not have a will, and was not married. However, if she was married at the time of her death, it passes to her husband. Her "boyfriend" would... Read more »

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2 Answers | Asked in Divorce for Colorado on

Q: My wife hand delivered a petition for divorce. I executed an Acceptance and waiver of service. What starts the calendar

Is it the initial service date or the date I signed and delivered the waiver back to her and her attorney?

Courtney Edwards answered on Feb 27, 2019

The date you signed the waiver.

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1 Answer | Asked in Divorce for Colorado on

Q: I divorced my ex husband 2 years ago. I let him keep his 401k. Now I want some of of it.. can I get it

401k

Courtney Edwards answered on Feb 11, 2019

If it was brought up and addressed in the divorce (listed on his sworn financial and in the separation agreement), no, you cannot re-open the divorce to get at his 401k.

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