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Colorado Divorce Questions & Answers
1 Answer | Asked in Divorce, Family Law, Child Support and Social Security for Colorado on
Q: My husband's divorce decree from his ex-wife states that she gets 50% of his retirement benefits. What are the benefits

They were married for 13 years but together for only six years. She abandoned him and their two sons (now ages 35 and 37). We have been married for 19 years but together for 26 years and we have a daughter age 17. His ex-wife never paid one dollar of the child support decreed by the court. My... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on May 20, 2020

This depends on the exact wording of the divorce decree. You can not go back and try to change that. Your husband's social security will not be affected. Your husband may be able to pursue her for the back child support-depending on how far back it goes. He should get a lawyer to review this... Read more »

1 Answer | Asked in Divorce, Estate Planning and Family Law for Colorado on
Q: Does the revocation-on-divorce statute still apply if the divorce decree was set aside?

The district court granted the motion to set aside the court order of dissolution of marriage. The divorce got reopened based on the Rule 16 (fraud). I was named as a beneficiary of the life insurance policy; however, the life insurance policy was not disclosed during the divorce. Does the... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on May 12, 2020

I am assuming that the court set aside the property orders, but not the decree of dissolution of marriage. You are probably still divorced. In that case the revocation upon divorce statute may apply if the insured dies. You could ask the court to have you named you as beneficiary if appropriate You... Read more »

1 Answer | Asked in Divorce, Appeals / Appellate Law, Child Custody and Constitutional Law for Colorado on
Q: I originally got a emergency protective order against my ex wife. She responded by claiming a false domestic abuse card.

I assumed that I was to stay away from her by x amt of ft And knew I was not allowed to call her. We had twins.I emailed her a non-confrontational email. Explained that I did not want to go threw a bitter divorce and basically would become victimized in order to make sure my twins had a well... Read more »

Charles William Michaels
Charles William Michaels answered on May 11, 2020

First if you and your ex wife each have attorneys, it usually is the rule to communicate to her attorney and not directly. Second, Double Jeopardy is a criminal principle and doesn't apply here.

1 Answer | Asked in Criminal Law, Divorce, Family Law and Identity Theft for Colorado on
Q: i do not know what type of case this is: divorce with credit cards taken out in my name without my consent
Sabra M. Janko
Sabra M. Janko answered on May 5, 2020

I am sorry to hear about your situation. If credit cards were procured under your name without your consent, that is a criminal matter.

2 Answers | Asked in Divorce and Real Estate Law for Colorado on
Q: Ex had 6 years to sell refinance per divorce decree past 6 years what’s my options she is selling so I get half of prof?
John Hyland Barrett III
John Hyland Barrett III answered on Apr 22, 2020

This depends on exactly what the divorce decree says. Do you get half of the profit or does she just need to refi/sell? You should consult with an attorney to review your paperwork and advise you how best to proceed.

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1 Answer | Asked in Divorce, Family Law and Child Custody for Colorado on
Q: My ex wife is attempting to keep my children from me I had a positive covid test- no symptoms & 14 days since can she?

It has been 14 days since symptoms already and the Ones I had were mild. She has still been working this while time. We have a 4/3 week split every week. I haven’t seen my kids since the 5th. They are supposed to come home in the 22nd she messaged me today saying she thinks it would be best to... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Apr 17, 2020

The courts have said that people should honor their parenting time arrangements. If you feel your children are safe with you, you should still have your parenting time. You can file a motion to enforce the parenting time. You should get a lawyer to help you with this.

2 Answers | Asked in Criminal Law, Divorce, Immigration Law and Domestic Violence for Colorado on
Q: My wife went missing, will the detective investigating question me more if I file jointly non contested?

We were married June 2017 in Colorado Springs. My wife is a foreigner and was here on a fiance visa, she went missing February last year and said she was going back to her home country, but nobody knows where she is. A few days ago she sent her half of the completed and signed divorce papers to me... Read more »

Courtney Edwards
Courtney Edwards answered on Apr 10, 2020

Typically, I prefer to respond to questions posted on this forum with practical advice. However, my advice today to you is that you need to go speak, in person, with an attorney regarding this matter. There are so many nuances here to your story that need to be fully discussed with an attorney.... Read more »

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2 Answers | Asked in Divorce for Colorado on
Q: I live in CO and have been legally separated from my husband since 2003, can I easily file for divorce?

no children, no property

John Hyland Barrett III
John Hyland Barrett III answered on Apr 2, 2020

If you have a decree of legal separation in Colorado, you can apply to transfer that into a decree of dissolution of marriage (divorce). You should get a lawyer to help you with this.

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2 Answers | Asked in Divorce for Colorado on
Q: I have a post nup and it says I will get 100% of the home/equity also says if there is cheating he would pay 15thousand

Yyyyyyyy

John Hyland Barrett III
John Hyland Barrett III answered on Apr 2, 2020

This really depends on the exact language of the PNA. you should have a lawyer review it and advise you.

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2 Answers | Asked in Divorce for Colorado on
Q: I recently took a very large pay reduction due to markets. It is possible to reduce my Maintenance and Child support?

I would like to do this without making any other changes to the divorce agreement (i.e. length of terms). I am worried that changing one thing in the settlement will open other areas for negotiation.

John Hyland Barrett III
John Hyland Barrett III answered on Mar 27, 2020

It is possible that changing the amount may lead to other changes in maintenance or child support It should not lead to any changes in custody or property division. you should get a lawyer to help you with this.

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2 Answers | Asked in Divorce, Family Law and Sexual Harassment for Colorado on
Q: In Colorado, are there any laws to stop derogatory and verbally abusive behavior from an ex?

Communication has been expressly limited to TalkingParents.com between my ex husband and myself. I have the records available to me for evidence, and he uses TalkingParents for this communication. He takes every opportunity to call me many names, all which have to do with him implying that I have... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Mar 24, 2020

If there is a court order limiting communication to TalkingParents, he may be in violation of the court order. If so, you could consider citing him for contempt. You should get a lawyer to help you.

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2 Answers | Asked in Child Support and Divorce for Colorado on
Q: Can a dad modify alimony and child/sup on his own terms bc of own temporary salary reduction when other parent jobles
John Hyland Barrett III
John Hyland Barrett III answered on Mar 24, 2020

No. Only the court can modify court-ordered child support/alimony. A party wanting a modification has to file a motion to modify with the court.

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2 Answers | Asked in Divorce for Colorado on
Q: my question is I bought my house when I was single and I need to refinance my house now So I don't loose it.

if I do refinance before I'm Legally divorced is that considered maritial property and will he be entitled to half of the house? I Live in Colorado Thank you So much for your time...

John Hyland Barrett III
John Hyland Barrett III answered on Mar 16, 2020

just refi-ing the house will not change things so long as you do not put him on the deed. However, any increase in value of the house that occurs during the marriage is considered marital property, subject to an equitable (meaning "fair", not necessarily equal)) division. You should get a... Read more »

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2 Answers | Asked in Divorce for Colorado on
Q: I have a legal separation from NYS- in 2015.. it is not a decree. Can I use that in a divorce I start in CO?

We are amicable, have already dividied assets, have no kids,

Do we still have to do a mandatory reporting to one another?

Can I do this process myself or better w an atty ?

John Hyland Barrett III
John Hyland Barrett III answered on Mar 10, 2020

I suggest you start with a NY attorney to see what needs to be done. For instance, in Colorado, you can change a decree of legal separation to a decree of dissolution (divorce) after six months by filing an election to do so.

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1 Answer | Asked in Divorce for Colorado on
Q: If I married someone in the Court house but never changed last name or filed is it a legal marriage?

He is common law with someone else

Sabra M. Janko
Sabra M. Janko answered on Mar 3, 2020

You would have to file paperwork for a traditional marriage. However if you had a marriage ceremony, the other party may be able to claim common law marriage.

2 Answers | Asked in Divorce, Family Law and Real Estate Law for Colorado on
Q: If I have sole ownership after divorce, in agreement to splitting proceeds from sale, does my ex have say in the selling

I am getting ready to sell, as we BOTH agreed on, and now she's trying to interfere saying that she gets a say in every offer, etc I have.

Sabra M. Janko
Sabra M. Janko answered on Mar 1, 2020

It depends on what the decree says. Many decrees address who will be involved in selection of realtor and sales price as well as a contingency if the home does not sell within a specified period of time.

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1 Answer | Asked in Divorce, Family Law and Child Custody for Colorado on
Q: Can a law firm represent one of their employees? My ex wife is making everything complicated and I need help.

Can a law firm represent one of their employees? My ex wife is serving me with papers and I don’t really know why, and she keeps asking me fore my address. I’ve told her I will not give her my address and I gave her my grandmas address, where I get all my mail sent, and she told me that won’t... Read more »

Sabra M. Janko
Sabra M. Janko answered on Feb 29, 2020

There is no prohibition against a law firm representing one of its employees. Additionally if you care for the child then the Mother will need to know your address. Other than that, she is looking for your address for the purpose of service of process.

2 Answers | Asked in Divorce for Colorado on
Q: I was divorced in 2012 and today received a "Entry of Appearance" from my ex-husbands lawyer. What does this mean?

I did file bankruptcy in August that was discharged in December. And I do know that two of the debts are now going after him, but he still owes me money from his retirement. And that this new lawyer is representing him with that. We did not have lawyers for the divorce originally.

John Hyland Barrett III
John Hyland Barrett III answered on Feb 27, 2020

So your ex has hired a lawyer. The Entry of Appearance is the lawyer's way of stating the lawyer is the attorney for your ex in this case. That lawyer is probably going to file a motion of some kind. You should get a lawyer yourself.

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2 Answers | Asked in Divorce for Colorado on
Q: If my spouse and I completely agree to the divorce in Colorado, is the JDF 1201 FORM the only thing we need to file?

There are no minor children and my spouse has been absent from the marriage for 8 years.

John Hyland Barrett III
John Hyland Barrett III answered on Feb 25, 2020

No. You also need to file a Petition. You need to provide each other with your mandatory disclosures and certify that you have done so. You will need to file a Separation Agreement and Parenting Plan. You need to provide a form of Decree. You should get a lawyer to help you with all this.

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1 Answer | Asked in Divorce and Family Law for Colorado on
Q: I filed for a legal separation now my wife wants a dissolution of marriage, can she force a dissolution of marriage?
Courtney Edwards
Courtney Edwards answered on Feb 21, 2020

Yes. If she objects to a decree of legal separation, the judge will issue a decree of dissolution of marriage.

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