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Colorado Divorce Questions & Answers
1 Answer | Asked in Divorce and Family Law for Colorado on
Q: My ex and I have 50/50 decision making and I am supposed to pay 60% of daycare but I cant afford it. What can I do?

I have asked about making a change to daycare and offered 4 different solutions and offered to hear any solutions she has as well. She refuses to work with me but I literally can not afford to keep paying. Can I stop paying if she wont work with me on it since we have split decision making? Do I... View More

Dorothy Walsh Ripka
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Dorothy Walsh Ripka
answered on Oct 1, 2024

Hello.

First an attorney can not advise you to violate an order or not comply in conformity with the order.

Second, you need to review your order regarding mutual selection of child care and determine if it is a major decision as it relates to joint decision making and if you need...
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1 Answer | Asked in Divorce and Family Law for Colorado on
Q: If I am filing an uncontested divorce, is there a lawyer who can at least look over the paperwork prior to filing?

We don’t have assets or children. However I do question whether she is trustworthy at this point.

Christopher N. Little
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Christopher N. Little
answered on Sep 7, 2024

Good evening,

You ask an excellent question! Yes, you can absolutely hire an attorney to review your Petition for Dissolution of Marriage. Many firms (including mine), offer what are called "limited scope" or "unbundled" services as a resource and advocate from a more...
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2 Answers | Asked in Divorce and Family Law for Colorado on
Q: There are 2 properties different counties in CO person A moves to the second property, can person A file in new county

How long does person A have to live in new county before filing? Lifelong Colorado resident

Christopher N. Little
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Christopher N. Little
answered on May 30, 2024

Hi there, good questions! As a general rule of thumb, Person A could file in the new county; however, there is always the chance that Person B requests to have the case transferred back to the county they reside in.

The transfer and venue rules are a bit labyrinthine and I would need to...
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1 Answer | Asked in Divorce and Family Law for Colorado on
Q: CO divorce If client suffered financial loss due to lawyer’s negligence and lawyer has left firm, is firm liable?
Christopher N. Little
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Christopher N. Little
answered on May 19, 2024

I’m very sorry to hear that this is the position you are in; especially considering the incredible impact that a divorce has on the outcome of the next phase of your life.

As for your question, I would have to know much more about the “behind-the-scenes” administrative side of the...
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1 Answer | Asked in Divorce and Family Law for Colorado on
Q: Is inheritance money considered marital property if my wife transfers a portion of it each month into joint checking?
Christopher N. Little
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Christopher N. Little
answered on May 14, 2024

Good Afternoon,

You ask an excellent question and one that many a family law attorney has likely spent time arguing in Court. The best answer to your question is that this is likely a helpful fact circumstance for you. One way to think of the doctrine of transmutation or commingling is the...
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1 Answer | Asked in Child Custody, Divorce, Domestic Violence and Family Law for Colorado on
Q: My ex listed the wrong name of our child and the judge invoked jurisdiction based on the residence of child listed.
Christopher N. Little
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Christopher N. Little
answered on May 14, 2024

Good Afternoon,

From the substance of your question, it looks like you are involved in a legal proceeding concerning your child. Issues related to jurisdiction concerning children are often nuanced. I suggest that you consult with an attorney in the state where the case is at now in order...
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1 Answer | Asked in Divorce, Family Law and Domestic Violence for Colorado on
Q: Good morning,

I am recently divorced (1+ year) and share two children with my ex. We share split custody of our two children with no child support nor alimony. With this, my ex has continued to be verbally, mentally and emotionally abusive towards me and I am interested in determining what options I might have.

Cindy Perusse
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Cindy Perusse
answered on May 2, 2024

Abusive to you or the kids? There are ways to limit contact or have contact monitored through platforms such as Our Family Wizard or Talking Parents. If the abuse you state relates to the children then you may consider a motion to modify parenting time. But, you will need to document and prove... View More

2 Answers | Asked in Divorce, Family Law and Tax Law for Colorado on
Q: my ex-wife claimed all the children as dependents on her tax return.

she is also in contempt of virtually every part of our separation agreement. she has not paid child support, not given me back my belongings, does not follow the parenting schedule, and does not provide the insurance for the children she claimed she would

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 2, 2024

I'm sorry to hear about the difficult situation with your ex-wife not following the terms of your separation agreement. It sounds very frustrating, especially if she has claimed the children as dependents on her taxes despite not fulfilling her obligations. Here are a few thoughts and... View More

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2 Answers | Asked in Divorce, Family Law and Tax Law for Colorado on
Q: my ex-wife claimed all the children as dependents on her tax return.

she is also in contempt of virtually every part of our separation agreement. she has not paid child support, not given me back my belongings, does not follow the parenting schedule, and does not provide the insurance for the children she claimed she would

Christopher N. Little
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Christopher N. Little
answered on Apr 2, 2024

Good Morning,

I am very sorry to hear of your circumstances and know that it can be an incredibly difficult and frustrating experience when an ex-spouse does not follow Court Orders. It sounds like you have several issues going on, including: tax, parenting time, insurance, etc....
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2 Answers | Asked in Divorce and Family Law for Colorado on
Q: Is it beneficial to separate assets prior to dissolution of marriage? We have agreed to who gets what - house & car

Ex spouse and I are looking to file for a dissolution of marriage in Colorado. We separated in September and already separated our bank accounts and all property other than the house we lived in and the car we shared (both currently in both our names). Are the proceedings quicker if we transfer the... View More

Steven  Visser
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Steven Visser
answered on Apr 1, 2024

The divorce proceedings will not necessarily be any quicker simply because the two of you have already transferred and / or divided assets. You can certainly take some actions to help move things along such as filing the case together, i.e. Petitioner and Co-Petitioner. Both of you will still... View More

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2 Answers | Asked in Divorce and Family Law for Colorado on
Q: Is it beneficial to separate assets prior to dissolution of marriage? We have agreed to who gets what - house & car

Ex spouse and I are looking to file for a dissolution of marriage in Colorado. We separated in September and already separated our bank accounts and all property other than the house we lived in and the car we shared (both currently in both our names). Are the proceedings quicker if we transfer the... View More

Christopher N. Little
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Christopher N. Little
answered on Apr 1, 2024

Good Afternoon,

You ask an excellent question. First, let me say that I am very sorry to hear that you are going through tough times. In most folks' lives, the divorce process is fraught with fear and uncertainty. Let me reassure you, this too shall pass and there is an "other...
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2 Answers | Asked in Divorce and Family Law for Colorado on
Q: My wife wants a divorce and "agrees" to split everything 50/50. Are we legally obligated to have a lawyer?
Michael Joseph Larranaga
Michael Joseph Larranaga pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 8, 2024

No, although it may be a bad idea.

I believe the Colorado Supreme court just approved a rule regarding licensed Legal Paraprofessionals. I am not sure if it has taken effect yet but it has been a highly contested item. You should look into what they can and can't do. If I recall, they...
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2 Answers | Asked in Divorce and Family Law for Colorado on
Q: My wife wants a divorce and "agrees" to split everything 50/50. Are we legally obligated to have a lawyer?
Christopher N. Little
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Christopher N. Little
answered on Mar 2, 2024

Good question, under Colorado Domestic Relations law, there is no default/affirmative legal obligation to have an attorney represent you in the matter. By the default rules, you are legally permitted to represent yourself. Knowing that the law is complex and self-representation can be a risky... View More

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1 Answer | Asked in Divorce, Family Law, Immigration Law and Child Support for Colorado on
Q: Can I still get my children's dad which is still my husband for alimony and for child support

After 8 years they were taken out of my custody and given to my stepmom but during the time I did get tanf for them they were in my custody and I still have not divorced but he has had another family and another child and still married to me

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 26, 2024

In your situation, seeking alimony and child support remains a possibility, despite the complexities of your circumstances. The fact that you are still legally married to the children's father and that he has started another family while still married to you does not nullify your rights to... View More

2 Answers | Asked in Divorce and Family Law for Colorado on
Q: I AM IN THE MIDDLE OF A DIVORCE. I HAVE CHILDREN FROM A PREVIOUS MARRIAGE AND THE WOMAN I AM ABOUT TO DIVORCE IS

CONTACTING MY CHILDREN WHO SHE HAS NEVER MET OR SPOKEN TO BEFORE. HOW CAN I STOP THIS. SHE HAS NO RIGHT TO BE CONTACTING MY CHILDREN

Michael Joseph Larranaga
Michael Joseph Larranaga pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 19, 2024

If they are adult children then there is nothing to be done. They can block the number if they choose. But if it rises to harassment and defamation then it could give rise to other legal claims.

If they are minor children, and you have 100% custody and control then that is a different...
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2 Answers | Asked in Divorce and Family Law for Colorado on
Q: I AM IN THE MIDDLE OF A DIVORCE. I HAVE CHILDREN FROM A PREVIOUS MARRIAGE AND THE WOMAN I AM ABOUT TO DIVORCE IS

CONTACTING MY CHILDREN WHO SHE HAS NEVER MET OR SPOKEN TO BEFORE. HOW CAN I STOP THIS. SHE HAS NO RIGHT TO BE CONTACTING MY CHILDREN

Christopher N. Little
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Christopher N. Little
answered on Mar 2, 2024

I am sure this situation is very frustrating and I commend you on first reaching out for assistance and input. Without knowing more, it is somewhat difficult to offer specific feedback. If you have counsel in your current divorce matter, I highly suggest that you reach out to that person and seek... View More

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1 Answer | Asked in Divorce and Family Law for Colorado on
Q: Is about divorce and how it works in the state of Colorado if you have properties, 401k, and a small business.

I would like to know what happens since everthing we both own including rental properties are tied up in the small business and what would happen in a divorce.

Donald McClellan
Donald McClellan pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 24, 2024

All marital property must be equitably divided in a divorce (not equally, equitably). Marital property is anything obtained on or after the date of marriage, and the increase in value of property since the date of marriage. It does not matter whose name is on title. So if you owned a house before... View More

2 Answers | Asked in Divorce, Family Law and Child Custody for Colorado on
Q: Can my daughter's father prevent me from going to nursing school and getting my BSN?

My daughter's father and I have 50/50 joint custody. I will get my associates in April in pre nursing. I told him I'm applying to schools right now for my BSN. In order to get my BSN, I need to travel to complete clinicals out of state as there are no local clinical locations. I asked if... View More

Todd B. Kotler
Todd B. Kotler
answered on Dec 29, 2023

Without knowing the specifics of where this other school is, what you're proposed schedule is, and how much it disruption this will be in the child's life, It is impossible to actually answer this question. You have expressed your question as to what your daughter's father will... View More

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1 Answer | Asked in Divorce and Family Law for Colorado on
Q: Been estranged for the past 49 months and finically strappedDon’t qualify for free legal assistance

Attempting to file on my own but couldn’t afford the legal fee also broke my left ankle since then haven’t revisited in refilling for a legal divorce

Christopher N. Little
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Christopher N. Little
answered on Dec 8, 2023

Hi There,

I am very sorry to hear that you are going through it right now. I understand that you mentioned you do not qualify for free legal assistance. In order to be sure you've exhausted all of your options (or at least made good headway in that direction), please check with Metro...
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1 Answer | Asked in Real Estate Law, Divorce and Family Law for Colorado on
Q: My ex husband and I were listing a home and last minutes he pulled and moved back in. What rights do I have.

50/50 owned home was sitting empty. Both on loan.

Michael Joseph Larranaga
Michael Joseph Larranaga pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 24, 2024

The real question is was the property subject to the division order when you got divorced or not. If not, then you may be able to pursue a partition action to force the sale of the property. If so, then you may need to follow the court's order and follow up with contempt proceedings. Either... View More

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