Colorado Divorce Legal Questions

In Colorado a Decree of Legal Separation can only be entered by the Court if both parties agree to do that instead of a dissolution of marriage (i.e. divorce). If you want to end the marriage rather than simply have a Legal Separation all you have to do is say so. The Decree, whichever it is, is entered by the Court at the end of the proceedings when all financial issues and parenting issues have been decided (either by mutual agreement or by judicial rulings). Once entered, a Decree of Legal Separation lasts indefinitely unless one party after six months decides to have it converted to a Decree of Dissolution. There are situations where a Legal Separation is an advantage if the parties are not interested in remarriage. One example is the ability to continue health insurance coverage for both spouses when only one of them has an employer health plan.... Read Answer

It must be in the Judgment of divorce to be enforceable This e-mail is covered under the Electronic Communications Privacy Act, 18 USC 2510-2521, and is legally privileged. The information contained in this e-mail is intended only for use of the individual or entity named above. If the reader of this message is not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited.... Read Answer

Once you file for divorce, a temporary injunction goes into place that, among other things, bars either party from changing or stopping paying on health insurance policies without notice and consent from the other party or a court order. Once you are divorced, you would not need to maintain (if possible) or pay for insurance on the other party unless you agreed or were ordered to do so in the separation agreement. I often take cases like this on a reasonable flat fee basis, either as one party's attorney or a mediator) if you would like to discuss it further. In other words, you at least could ask the court for an order that let's you stop paying the insurance since she makes more than you. I hope this helps.  You can reach Dave Rich at (303) 886-2516 or dave@flatironlegal.com. Dave Rich is an attorney licensed in Colorado. Answering your questions does not create an attorney-client relationship between us. You should speak with an attorney to whom you have provided all the facts in your case, before you take steps that may impact your legal rights. I am not obligated to answer subsequent emails or phone calls unless you have hired me. I wish you the best of luck with your situation.... Read Answer

Go the Inspector General's office of the nearest military installation and show them you marriage license and explain the facts to them. The military chain of command can force him to get your ID card and provide adequate financial support until a divorce is finalized. You have a slight advantage in that there is nothing he can do to force you to file for divorce so he will have to find a way to do it himself from overseas.... Read Answer

We don't have abandonment in Ohio. If your husband is not paying bills as he did before or providing you funds as he did before, you need to file for divorce and obtain temporary orders. As for the affair, the only relevance that has to the divorce is if he is spending marital money on her.... Read Answer

You might be able to get the court to give him less marital property because of this conduct. Most likely, you will each end up effectively paying half when you divide the matial property. If you have real estate and kids involved in the case, you really should at least be consulting with a lawyer about what you are agreeing to, your rights etc. I spend probably 33% of my practice fixing pro se divorce agreements. You should not be going it alone and it does not need to be expensive to have an attorney - I actually do many cases on a consulting basis and many others for a flat fee. Feel free to call me for a free initial consultation if you have questions. I hope this helps. ... Read Answer

First, if he controls the money and always has, he will likely be responsible for your attorney fees.  You should definitely consult an attorney.  The question is - in what state should you consult an attorney? Jurisdiction (what state the divorce can happen in) is determined by where the parties live, not by where the marriage or wedding occured.  How long have you lived in Colorado?  How long has he lived in Texas?  Do you have children?  In Colorado, you must have resided here, with an intent to live here permanently, for at least 90 days.  If that is the case, we could certainly help you.  If not, I am not licensed in Texas and you would need to contact a lawyer there. As to the prenuptial agreement, it is only enforceable regarding spousal support to the extent it is not grossly unfair to you.  The situation you describe sounds like it IS grossly unfair to you and can likely be challenged. I strongly suggest you consult an attorney because the issues are complex and he has a much strong negotiating position.  ... Read Answer

You don't provide enough detail for a reliable answer. Basically, the question of who owns the house (and thus has complete legal control) won't be decided until the final decree of divorce is entered. The decree will either (a) approve the parties' agreement about who gets the house or what is supposed to happen & who has control or (b) reflect the judge's decision if the parties could not agree. Until that happens, you don't necessarily have any final authority to do anything.... Read Answer

The courts expect you to make a good faith effort to located the spouse and serve them (I hire a private investigator to do a search, which is not expensive) and if you still cannot find them, you then file a motion to be allowed to serve the party by publication. I often take cases like this on a flat rate basis. I also offer a free initial consultation if you would like to discuss this further. Hope this helps.    You can reach Dave Rich at (303) 886-2516 or dave@flatironlegal.com. Dave Rich is an attorney licensed in Colorado. Answering your questions does not create an attorney-client relationship between us. You should speak with an attorney to whom you have provided all the facts in your case, before you take steps that may impact your legal rights. I am not obligated to answer subsequent emails or phone calls unless you have hired me. I wish you the best of luck with your situation.... Read Answer

Yes, she can open a separate account (though she could not clean out the other account if she did), but you can ask for temporary maintenance (aka, alimony) in the divorce case to help you with living expenses during the divorce.  You can reach Dave Rich at (303) 886-2516 or dave@flatironlegal.com. Dave Rich is an attorney licensed in Colorado. Answering your questions does not create an attorney-client relationship between us. You should speak with an attorney to whom you have provided all the facts in your case, before you take steps that may impact your legal rights. I am not obligated to answer subsequent emails or phone calls unless you have hired me. I wish you the best of luck with your situation.... Read Answer

There is no cooling off period, however, the court cannot grant a divorce until 91 days after the other party is served with the divorce papers. Hope this helps.  You can reach Dave Rich at (303) 886-2516 or dave@flatironlegal.com. Dave Rich is an attorney licensed in Colorado. Answering your questions does not create an attorney-client relationship between us. You should speak with an attorney to whom you have provided all the facts in your case, before you take steps that may impact your legal rights. I am not obligated to answer subsequent emails or phone calls unless you have hired me. I wish you the best of luck with your situation.  ... Read Answer

Do you mean that you both want a divorce when you say "mutual agreement in divorce" or that you agree on parts of the divorce itself? Maintenance depends on how much property you receive in the divorce, your reasonable needs (i.e., how much cash do you need to live on each month), length of marriage, lifestyle during marriage and other factors. It's hard to say how long or how much. Often we see 1/3 to 1/2 the length of the marriage, but it can be longer in long marriages. The amount will depend on the above factors, but I might expect a court to order anywhere from $2,000 to $4,500 per month. You really should hire a lawyer here since so much money is at stake. You can ask that the court order him to pay your attorney fees since he makes so much more than you. You also can ask for temporary maintenance if you need are having trouble meeting your needs now. I offer a free initial consultation if you want to discuss further.  You can reach Dave Rich at (303) 886-2516 or dave@flatironlegal.com. Dave Rich is an attorney licensed in Colorado. Answering your questions does not create an attorney-client relationship between us. You should speak with an attorney to whom you have provided all the facts in your case, before you take steps that may impact your legal rights. I am not obligated to answer subsequent emails or phone calls unless you have hired me. I wish you the best of luck with your situation.  ... Read Answer

If she is working and you are not, you will have a good change of getting temporary maintenance. You have to ask for a temporary maintenance hearing at the initial status conference. You can ask as part of temporary maintenance for money to pay for an attorney for you, as the courts want the parties to be on an equal footing (i.e., make it a fair fight). If the two of you make less than $76,000 per year, there is a presumptive formula the court uses to come up with a temporary maintenance amount, otherwise it is based on what you need to meet your reasonable needs.  The court actually can order her to pay all of your attorney fees at the end of the case. You definitely should speak with an attorney, especially if she has one, as it's harder for men to get maintenance because of reverse sexism, but it's definitely doable. Hope this helps. You can reach Dave Rich at (303) 886-2516 or dave@flatironlegal.com. Dave Rich is an attorney licensed in Colorado. Responding to your questions does not create an attorney-client relationship between us. You should speak with an attorney to whom you have provided all the facts in your case, before you take steps that may impact your legal rights. I am not obligated to answer subsequent emails or phone calls unless you have hired me. I wish you the best of luck with your situation.... Read Answer