Colorado Divorce Legal Questions

The filing party in a dissolution of marriage action is not important under Colorado law, nor is adultery. Colorado is a no-fault state, meaning the court does not consider things such as adultery in determining a division of assets in a divorce.  If you have a prenuptial agreement that includes provisions regarding adultery, then the court will abide by a valid agreement.  Additionally, whether one party is the filing party (petitioner) and one is the non-filing (respondent) does not matter to the court.  We specialize in divorce and would be happy to assist you.  Additionally, you can find a list of attorneys on the Colorado Bar Association's website at www.cobar.org.... Read More

If you have a court order that states he must pay the mortgage, then he must pay.  If he fails or refuses, you can file a contempt motion against him.  The court will require him to answer as to why he is not paying.  The court can fine him or put him in jail if it finds he refused to pay when he was required to and able to.... Read More

I believe your question is one regarding civil liability as opposed to a domestic matter.  You cannot be held liable for relaying information that is true.  If it is not true, or you do not take reasonable steps to ensure it is true prior to disseminating the information, you could be held liable for defamation.... Read More

To be charged with contempt, you must have the ability to comply with a court order.  If you have lost your job or have no income, it is not likely that your Ex can prove that you have a present ability to pay child support. Additionally, it sounds like you may want to file to modify child support.  Generally, a party is imputed income at a rate at which they reasonably could, should or have earned, or their "potential income."  In your case, one would expect your Ex to be imputed at the amount he would make at his new career field.  Additionally, some expenses you pay, including daycare expenses, should be included in the child support calculation by statute.  see C.R.S. 14-10-115 regarding child support guidelines.  ... Read More

Typically, a settlement in a divorce (separation agreement) cannot be reopened after 5 years by statute.  However, where your claim is based on mental illness, the contract may be voidable depending on the circumstances.  Alternatively, you could consider attempting to modify certain provisions of a separation agreement based on current, changed circumstances.  You should consult an attorney to discuss your options.... Read More

There are a few questions/issues here.  First, yes, you can reach a settlement with just a mediator, many people do it.  However, I generally advise people with few assets or simple financial issues to utilize this method as neither side is being provided with specific, personalized legal guidance.  A mediator can only facilitate your agreement, not provide either of you with specific legal advice.  In your situation, it sounds like there is potentially a large amount of money at stake.  Being sure you get an appropriate settlement is important not only for your survival, but for your ability to support your children.  maintenance (formerly known as alimony) is separate from child support.  I would suggest you consult an attorney to discuss the details, your questions, and concerns and ensure you are informed before entering into an agreement.  You may choose to continue with mediation without an attorney, but at least you will be better informed.  Once you make a deal, it becomes much more difficult (and expensive!) to try to change it down the road.... Read More

A party can proceed with a divorce even if they cannot find or serve the other party.  When you cannot find the other party, you must file a verified (notarized) motion stating that you have attempted to serve the party, your efforts, and last known address of the other party.  The court will hear the motion and may order publication of the petition for dissolution, meaning they publish it in the newspaper.  The other party has 30 days to respond or appear.  If they do not, the court will proceed with issuing a dissolution of the marriage.  However, the court cannot allocate property without personal service.  Therefore, you would, in practice, likely keep all of the property unless and until the other party shows up to claim some, at which point you could then have the court allocate the division of property if needed.... Read More

Unfortunately, in general, just as any property or increase in value of property accrued during the marriage is marital property subject to division, so is debt.  There may be situations or factors that change your obligation on the debt, and certainly a savvy attorney can help you find any loopholes.   With $88,000 at stake, I definitely suggest you consult with an attorney.  - Kelly L. Snodgrass... Read More

I am not exactly sure what your question is, but regarding the house: When two people own a house together, the only practical options are to 1. refinance the house into one spouse's name (if you can qualify alone) or 2. sell the home.  You should never allow your spouse to receive any property (house, car, etc.) in a divorce if your name is on the loan without first getting your name off of the loan.  If you do, you are retaining liability to pay for the asset without any security or legal right to the asset.  It sounds like you need to consult with an attorney regarding your best course of action in this situation.  If you do want to file for divorce, you can find basic forms on the court's website - click here. - Kelly L. Snodgrass... Read More

If you are in fact common law married you will need to get a legal divorce.  However, there are a number of factors considered when determining whether or not a common law marriage exists.  That you had joint accounts is a factor, but not determinative on it's own.  The most important question is: have you and your partner held yourselves out as married to friends, family, etc.?  If so, and considering your joint finances, you would likely be considered common law married.  I suggest you consult an attorney regarding your specific situation to be sure.   - Kelly L. Snodgrass... Read More

If your wife was awarded the car in the divorce but your name was still on the loan, you are unfortunately on the hook.  Many people today are facing this same situation when dividing their property and associated debts.  The bank is the only one who can take your name off of a loan, the divorce decree/separation agreement does not have authority to release you from that obligation.  The best practice is to agree to sell property that is tied to a loan in both parties' names to avoid this situation.  Did your decree/agreement have any language regarding who was responsible for payments?  If so, and if it indicates your wife is responsible, then her failure to pay is contempt of the agreement, which became a court order when it was entered.  In that situation, you can file for contempt and  request you be awarded the car so you can sell it or pay for it and use it yourself.  Whether or not that is successful is up to the judge. You can find forms to file for contempt on the Colorado Court's website under "Forms" "Domestic/Family."  Click here to go to their webpage and the contempt forms.  I would also suggest you explain the situation to the debt collector and ask them to repossess the car.  It would also be wise to consult an attorney regarding the matter and potentially have her/him act on your behalf.... Read More

His paying for all expense previously does not necessarily mean that he is required to continue doing so if he is/was not required to.  So, to answer question 1. In general, and without know the exact facts,  you can get it in writing if he agrees to put it in writing or if the child support calculation based on your incomes and division of expenses requires him to pay all expenses.  2. If he previously paid all expenses, there is really no relevance to his prior tax returns.  Regardless, you cannot retroactively modify child support.  Child support is modified as of the day you file a motion to modify child support, if such modification is awarded.  You can find basic forms on the Colorado Court's website under "Forms" "Domestic/Family."  Click here to go to the link.  Additionally, you should know that he cannot necessarily claim any extra payments he made over his required child support payment as additional child support payments (i.e. to offset future payments).  I suggest you discuss your situation with an attorney to determine the best course of action for your specific situation.  ... Read More

This is a common way to conduct mediation.  I have been involved in numerous large commercial meditations where, after an initial meeting, we were separated into rooms, with the mediator going back and forth.  The only thing odd is that usually you start together, then split up. I have only had the complete isolation in one case, which involved a claim by an ex-employee who asserted a sexual harassment claim against her employer.... Read More