Colorado Divorce Legal Questions

I'm sorry to hear about the challenges you're facing with alimony payments. Navigating interstate enforcement can be complex, but there are steps you can take to address this situation: Register the Georgia Alimony Order in Colorado:Under the Uniform Interstate Family Support Act (UIFSA), you can register your Georgia alimony order in Colorado. This allows Colorado courts to enforce the order as if it were their own. To do this, you'll need to file the necessary documents with the Colorado court system. Once registered, Colorado courts can assist in enforcing the order. Initiate Wage Garnishment:Since your ex-spouse is in the military, the Defense Finance and Accounting Service (DFAS) handles military pay. You can request DFAS to garnish his wages for alimony payments. This requires submitting a valid court order that specifies the alimony amount and directs the employer to withhold the specified amount. Seek Legal Assistance:Given your financial constraints, consider reaching out to legal aid organizations in Colorado that offer free or low-cost services. They can assist with the registration process and provide guidance on enforcing the alimony order. If you’re dealing with enforcement complexities, consulting a divorce attorney can provide insights into how similar interstate enforcement processes might work, as many family law principles are consistent across states. Document All Communications:Keep detailed records of all communications with your ex-spouse regarding alimony payments. This documentation can be crucial if legal action becomes necessary. Stay Informed:Familiarize yourself with both Georgia and Colorado laws related to alimony enforcement. Understanding your rights and the legal processes can empower you to take effective action. Taking these steps can help ensure you receive the alimony payments you depend on. Although I'm a Maryland divorce attorney, this advice should be helpful in light of the UIFSA and its application across states.... Read Answer

Yes, the Court can mandate parents use Talking Parents for communication.  It can also specify a time frame within which communication must be answered.  If the Court does include such provisions in an Order, failure to abide by the Order could result in contempt of Court.   Sherri Murgallis Murgallis Law Firm, LLC 303-444-4353... Read Answer

You still can get divorced. If she does not show, it is called a default proceeding. If you want a division of property or a ruling on maintenance (even her waiver of maintenance), you need to offer a separation agreement to the court. You might want an attorney to at least help prepare you for the hearing - we are available by the hour just to help prep people for court if you would like assistance. I hope this helps.... Read Answer

Hi Ann-Michelle, Thank you for your inquiry.  For Colorado to have jurisdiction over your divorce, either you or the other party must have lived in Colorado for at least 91 days before the divorce is filed.  For Colorado to have jurisdiction over issues pertaining to the children, the children must have lived in Colorado for at least 182 consecutive days prior to the filing date (or since birth if the children are under 6 months).  If you file in Colorado despite the children not living in Colorado for those time periods, then the court cannot address any issues regarding the children.  If you and the other party agree to share parenting time and decision-making over the children, and you both agree on the division of marital assets, then: (1) that's a good omen; and (2) it would be prudent to file the divorce as soon as practicable.  In my experience, the longer a party waits to file for divorce, the more likely there will be disputes to arise beteen the parties concerning the children and the division of marital assets. My firm handles dissolutions of marriage throughout Colorado.  If any of this is unclear, or if you would like to disucss your matter further, please feel free to reach out to me. Have a wonderful day, Genet NOTICE: Exchanging messages with Genet T. Johnson, Esq. on Lawyers.com Ask a Lawyer does not create an attorney-client relationship with Genet T. Johnson and the law firm of Johnson Law Group, LLC, nor does doing so impose any obligations on Johnson Law Group, LLC to treat any information you send as confidential.  No attorney-client relationship is formed until you and Johnson Law Group, LLC have signed an Engagement Agreement setting for the terms and conditions of representation.... Read Answer

You must live in a state for 6 months for that state to be the proper venue.  Moreover, if there are assets here in PA, courts have held that is the best place for a case to be filed.  You can file here in PA and you may not have to go to court.  Rather, it may all be handled simply by filing documents, which an attorney can do for you in PA. I trust that answers your question, but feel free to call or e-mail me with anything else on a free initial basis.  ... Read Answer

You really need to have an in-office consultation with a divorce attorney in your area as to all of your options and whether you should file first or counter when/if your husband files. In the meantime, I would make a list of all your tangible and intangible personal property, real property, their FMV, if known, list of liabilities, if any. I would also think about the parenting plan provisions that you would want to propose. In Florida, both parties are also required to comply with the mandatory disclosure rule; therefore, it would be prudent to start collecting all those documents that must be produced per the disclosure.... Read Answer

It is important to understand that the mandate to complete of a parenting class (in a Colorado domestic relations case) is a Court-Ordered requirement. Classes are offered online at a relatively low cost, so there is really no excuse for not complying with the Court's Order. Incidentally, I have many clients that say they get great benefit from taking the class. There are several approaches for you to take in addressing this issue. 1) Do nothing. This is the Court's Order. If the Judge or Magistrate handling the case wants to deal with non-compliance, he/she can. 2) Raise the Issue with the Court. You can raise it verbally at a status conference when you are in front of a Judge, or you can file a simple Notice (i.e. Notice of Non-Compliance)? basically informing the Court that the other party has not complied. The Court will very likely enforce its Order before approving of any parenting time. 3) Force Compliance. You can file a contempt motion with the Court. This will insure compliance. Overall, the parenting class is intended for the benefit of the children (and parents). My experience is that the Court, unless the issue is accidentally overlooked, is simply not going to tolerate non-compliance. If a parent wants the Court to grant him/her parental rights, he/she should expect that the Court will require compliance with relatively simple, easy-to-comply with Orders.... Read Answer

The following is intended to provide legal information? not for providing legal advice. In general spousal maintenance is either modifiable or contractual. Modifiable maintenance generally occurs when the parties can not agree upon maintenance, and a Court has to decide for them. Contractual maintenance generally occurs when the parties enter into a contractual agreement (most often a Separation Agreement). In exchange for the mutual promises, the parties typically (not always) stipulate that the agreed upon amount and term of maintenance is non-modifiable.... Read Answer

I can not give out legal advice, without knowing who I am giving to, without risking a conflict of interest. Direct contact eliminates these issues. However, here is some "Legal Information? (not advice) that may be helpful. Clearly, your Husband has done something to convince the Court that it has personal jurisdiction. The problem that creates, if the divorce proceeds, is that the Court could proceed without you via default. You do not want that. Okay, then, what to do? 1) File a Notice with the Court that you have not been personally served with divorce paperwork, nor have you signed any ?waiver of service.? Let the Court know your current mailing address and contact information. You can provide an explanation (just as you did in your question) as to the fact that you have been living in the same place (marital residence?) for eight years, and that you just learned about the divorce and haven't received any paperwork. If you have something that shows Husband did know your whereabouts, attach or reference it in the Notice. 2) Go to the Clerk?s Office at the Courthouse and ask to view your divorce file. This should tell you what/how you Husband did to convince the Court that it had personal jurisdiction over you (service by publication perhaps?). If you want to do this, make sure to go soon. If you try and do this in the day or two preceding your status conference, you probably won't be able to see the file, because it will be on the way to the Magistrate or Court Facilitator who will be handling the conference. 3) In addition to filing the Notice I referenced above, you could file a motion to dismiss. However, this will probably be a waste of time. Ultimately, if your Husband wants a divorce, the Court is going to give me one, even if he was deceptive in his original filing. 4) You should probably attend the initial conference - just so that the Court doesn't start to proceed without you. If you request it, the Court will require your husband to provide you with the proper paperwork, as well as any initial orders that the Court has already issued. The Court has the ability to give you additional time to file a formal response, and to start working on your financial disclosures (which are required in all divorces). The Court will probably reschedule the initial conference to accommodate this. 5) If you have a way to establish that your Husband did know where you were living or had been in contact with you (mail, e-mail, phone calls, etc.), I would collect and preserve it. Credibility is very important when dealing with the Court. If the divorce becomes conflicted and you need to have a hearing or trial, it will be helpful to show the Court that Husband has an issue with truthfulness in his representations to the Court. I hope that is helpful.... Read Answer

Dear Sir, In 2010, if you would have had to bring money to the closing, it sounds like there was no ?profit? in the property. If your agreement was to sell and split the profits - and there were no profits to be had - you should be prepared to demonstrate those circumstances. Your biggest issue is probably going to be that 4 years after the divorce, your Ex's name is still on the original mortgage loan. It is very likely that a Judge will not simply allow her credit to be utilized (and essentially tied up) without any corresponding benefit to her. As to the quit claim, you indicated that this was necessary to facilitate the modification and that the two of you had an agreement. I think that you've answered your own question. Something needs to be done? I would recommend that you identify some solutions that are fair to the both of you, and which honor the agreements that you referenced. Good luck.... Read Answer

If you would like a free consultation, please give my office a call, and I would be happy to speak with you. I can not give out legal advice, without knowing who I am giving to, without risking a conflict of interest. Direct contact eliminates this issue. Here is some "Legal Information? (not advice) that may be helpful. 1) An important question is how did the two of you separate? Have you been leading totally separate financial lives for the last 10 years, except for the payments that you have been making? 2) One of the processes that happens in a divorce is that the parties have to exchange financial information. Her financial picture will effect the outcome. In a divorce, all marital property is divided. You really can?t take one piece of the division and assess fairness, without looking at the entire proposed settlement. 3) 95% of divorce cases end in settlement. Unless one of you is totally unreasonable, you should be able to reach a ?fair? resolution. 4) The important objective is to develop a settlement that is fair to BOTH of you. Reading your message, I?m not understanding the fairness of you giving her 73% of your monthly pension check. I would also want to understand her position on why 50/50 division of the pension is fair. 5) Neither of those questions can be fully answered without looking at your and her full financial picture(s) - i.e. what are your assets and debts; same for her; and what is her income. Also relevant, as stated above would be the ten years financial separation.... Read Answer

Someone should file for divorce or legal separation and note a hearing to determine who gets to live in the house. Of course if you want to stay in the house you have to show you can pay the mortgage. This is a no fault state, so his affairs are irrelevant unless he used community money to support them.... Read Answer