QUESTION

Do I put his house on the assets for the divorce?

Asked on Apr 29th, 2013 on Divorce - Colorado
More details to this question:
I need to file for divorce soon. I married 9/22/12 and separated 11/15/12. I drew up a separation agreement on my own taking out any parts he would need to agree to, had it notarized and put it in his sister’s door. He let me know he received it in 12/27/12 via text, only upset over the amount of child support for our 3 children I stated he would owe, and I stated his address was unknown (due to unverified address, I really don't know). I have not heard from him since. The children and I live in a Battered Women's shelter. He has a home in his name but we did not live in it. It should be under foreclosure, and is really torn apart. I need to know the following. Do I include the papers for the separation agreement with the divorce (since he pretty much agreed by staying away and no contact for almost 6 months)? For the complaint for divorce, do I add his drug abuse and selling the children witnessed and informed me of as part of the complaint?
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1 ANSWER

Child Custody Attorney serving Denver, CO at Sturniolo & Associates
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If he has not signed the agreement, it should not be included with Petition for divorce or legal separation. The date for the marriage 9/12 does not sound correct if you have 3 children from the marriage. If true, the house is not an asset but if you were married earlier, it could be an asset although it sounds like it has no equity.
Answered on May 01st, 2013 at 10:29 PM

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