Jurisdiction for Divorce and Paternity Test

I live in Colorado. My wife lives in California. I want a divorce and a paternity test. Can I file for divorce and a paternity test in Colorado?

That depends on the following: For divorce, if you and your wife lived in Colorado as a married couple, and you have lived here for the past 90 days, you can file for divorce in Colorado. If you are able to file for divorce in Colorado, custody would also be an issue in Colorado, and you could request a paternity test as part of the divorce action. If you and your wife have not lived in Colorado as a married couple, but have lived in California as a married couple, and your wife meets the residency requirement of that state, you could possibly file in California. You'd have to talk to an attorney licensed in California to confirm. For paternity, as stated above, if you are able to file for divorce in Colorado, you could raise the issue of paternity as well in this state. If you can't file for divorce in Colorado, you could still file a Paternity action in Colorado, if the child lives in this state or if the child previously lived in this state within the last 6 months.

Expediting Divorce Against Jailed Spouse

Can a divorce process be made to go faster for completion if the husband is in jail for DV, DUI’s, and child abuse and neglect, burglary harassment..no assets to split, only one debt but two children? Multiple protection orders including two that are current for myself and my daughter. Is it possible to get he filling fee waived due to all the DV cases and one child abuse charge?

No. The divorce action will not go faster, it will probably go slower. Regardless that your husband is in jail, he still has the same statutory and Constitutional protections in a divorce and custody action as he had prior to his arrest. Since he is in jail, the process will be slower since he has a right to attend hearings, and that will require the issuance of a Writ to get the jail to transport him to the hearings. He will have to provide financial information and documentation which he doesn't have easy access to due to his incarceration. He can get the documentation, but that will take a lot of time and effort.

The filing fee in the divorce case cannot be waived due to your husband's criminal cases. However, if you are indigent, you might qualify for a waiver.

Legal Separation vs. Divorce

What is the difference between a legal separation and a divorce.

Legal Separation and Divorce follow the exact same process, and resolve the same issues including custody, visitation, property division, maintenance and child support, but a decree of legal separation results in the partners still being married rather than divorced. Some reasons why people choose to remain legally separated rather than divorced include religious opposition to divorce, retention of health insurance coverage, and indecision as to whether or not they want to actually terminate the marriage but want to protect themselves in the meantime.

If you choose to file for legal separation, once a decree of legal separation is issued, you must wait 6 months prior to converting it to a decree of dissolution of marriage.

Men’s Rights During a Divorce

I am a man and getting divorced, what rights do I have?

Many men are clueless as to the rights and obligations that they have in a divorce. Many think that they will get taken to the cleaners like all of their friends, and simply have to accept the terms that the wife offers. This is a common misconception and simply is not true. Men have all of the rights that women have including the right to custody and visitation of their children, a fair distribution of assets, fair distribution of all debts, maintenance and child support.

The problem lies in the factual reality that most men are the primary breadwinners, and most women have been the primary caretakers of the children. Under the law, the spouse who is financially dependent and unable to independently take care of his or her financial needs, will have at least a claim to temporary maintenance. Debts are often split in proportion to the party's gross Incomes.

Similarly, because most women have been the primary caretakers of the children regardless of whether or not they have been stay at home mothers, in applying the best interest standard to custody issues, the children will most likely remain with the primary caretaker.

If the roles happen to be reversed, it is not uncommon for the man to remain the primary caretaker of the children and to seek maintenance from the wife. Each situation is different and is factually driven. In "traditional" families, the trend in divorce cases has been for the man to receive substantial parenting time and get joint decision making of the children. The trend has been away from granting the wife permanent maintenance unless there are unusual circumstances such as a marriage of long duration, an uneducated wife who is a low wage earner as contrasted with a high wage earning husband, or a party who is permanently physically or mentally disabled. and unable to support themselves.

Divorce and Division of Property

Can I afford to get divorced? Am I going to lose everything?

The answer depends on numerous factors. Colorado is an equitable division state. This means that not everything is automatically divided equally. The Courts will award each of you your separate property, which is property that you had prior to marriage, property that you inherited, or property that you received as a gift. The Courts must divide all marital property equitably. Marital property includes everything that you purchased as a married couple, regardless of how it is titled or who paid for it. It also includes any appreciation in property that you owned prior to the marriage, and property that you inherited or received as a gift. This will usually take the form of real estate, or investments such as stocks, bonds, certificates of deposits, money market accounts, IRAs, pension plans, insurance, and the like.

Unless you entered into a prenuptial or post-nuptial agreement protecting your property from being considered marital and subject to division in the event of a divorce, essentially everything is up for grabs. The court will consider equitable factors including length of the marriage, relative incomes of the parties, and how each person contributed to the marriage. The longer you have been married, the closer to a 50/50 split the court will make.

Courts usually consider a marriage of at least 10 years in duration to be a longterm marriage, and the 50/50 rule is likely to apply. Although it is unlikely that a person will lose everything in a divorce, they may lose things, which are very valuable to them, and it is not uncommon to see an award where the lesser wage-earning spouse receives more in property and less in debt than the higher wage-earning spouse. It is common for courts to obligate debt to each spouse in proportion to their gross earnings. So, if the husband earns for example, 70% of the combined gross income, he most likely will end up with 70% of the debt unless some of the debt was clearly for the wife's personal use.

Credit Card Debt Liability

Hi, my divorce was final 2 years ago and my ex has not put the credit card bills she is liable for in her name. They are still in my name and she is late every month paying them which has destroyed my credit. What can I do to get her to put them in her name? Thank you

If your wife is court ordered to pay the credit card bills and transfer them into her name but has failed to do so, you can file a contempt action against her for willfully failing to follow a court order. Ultimately, if she doesn’t comply, she could be jailed.

Proceeding with a Divorce

my husband and i mutually separated 10 months ago. we wish to file for an uncontested divorce asap! due to a lack of funds we did not seek legal advice; can we proceed with divorce with out being legally separated? we have been living separate lives for 5 years now and tried co-habitating for financial reasons. we both wish to move on and proceed with divorce so that we can pursue other avenues.

Absolutely. There is no requirement that one be legally separated before filing for a divorce.

Can Wages be Garnished for Divorce Asset Arrangements?

My ex-husband and I divorced 4 years ago.  6 years ago we purchased a time-share.  In the divorce decree, it states we will share the responsibility of the loan and yearly maintenance fees.  In the past 5 months, he has not paid for his portion of the loan or the past two years of maintenance.  He has stated he refuses to give me any money. Can I get his wages garnished for these amounts?

You will need to get a judgment against your x-husband for the amounts that you are owed. Once you get a judgment, you can garnish his wages.

How 401K is Valued During Divorce

I recently was divorced and they valued my 401K in actual value. I grew it in pretax dollars in the first case. I have to pay tax and penalty upon early withdrawal. Which takes it down 40% or more. I tried to withdra it so I could make a down payment on a house but found the value so low, it was ridiculous. Why did they not value the IRA at the lower amount if she git the house at the equity amount? In other words… If the value of th house is $300,000 in equity and my 401k value before penalty is $400,000 why do I have to equalize at $50,000 even though the IRA (cash value)is only actually only worth about $220,000. Shouldn’t the courts take the value after the penalty? or split it all equally so she has to pay half the penalty IF she withdrew it to pay for the house.

NO, the courts do not take into consideration the amount of the penalty because it is not a certainty that you will cash it out early. Courts assume that the money will be drawn out at retirement without tax or penalty.

Rights During Separation

If my husband of 18 years and I separate, does he have the right to date and have sex with other women during this timeframe?

Yes.

Attorney for Divorce and Child Support Arrangements

MY BOYFRIEND IS GETTING A DIVORCE CAN U TELL ME IF AND WHEN AN ATTORNEY IS NEEDED IN A DIVORCE? AND HOW TO GO ABOUT FINDING A GOOD AND AFFORDABLE ATTORNEY HE DOESNT MAKE ALOT OF MONEY AND IS NOT SURE HOW MUCH CHILD SUPPORT IS A REASONABLE AMOUNT. SHOULD HE SEEK LEGAL ADVICE OR JUST ASSUME THE AMOUNT SHE HAS SET IS GOOD?

Your boyfriend needs an attorney. He obviously has kids so at a minimum child custody and child support are issues. He needs an attorney from the beginning. An attorney needs to review the specific facts of his case and both your boyfriend’s and the wife’s financial statements. This is a highly complex area and going it alone is like walking through a mine field. Not knowing your boyfriend’s financial situation, all I can suggest is that he call around and talk to potential attorneys to obtain information about their fees, etc.

Is an Affair Grounds for Suing?

Is it true I can sue the mistress of my husband if she knew we were married and broke up a happy marraige?

No, you cannot sue. Years ago (probably at least 50) you might have been able to sue, but you definitely can NOT do so now. We are a no fault state. It doesn’t matter who had an affair with whom or why. It’s unfortunate, but that is the law.

Access to House After Divorce

If she left and moved out, how long do I have to give her access to the house. Uncontested divorce is filed already.

There is no set time period unless stipulated or ordered by the court.

Does an Affair Affect a Divorce?

If I was to get a divorce and one of the parties commited adultry would that have any effect on the division of property?

No, extramarital affairs are inconsequential in a divorce action as it pertains to property division. However, it could impact custody.

Changing Lawyer During Divorce

My fiance is getting divorced and fighting for full parental responsibility.  We are aware that we are swimming upstream.  However, his lawyer seems to be coasting through this and just collecting our hard earned money.  Can we change lawyers in the middle of a divorce?

Yes, you can change lawyers in the middle of a divorce.

Divorce and Custody Issues due to Affair

My wife and I have been married for 8 years and two children (2 years and 4 years of age). A few days ago, my wife informed me she was pregnant; in addition, she stated the child might not be mine.  She apparently had an affair for a few months which she states she now regrets, but may be carrying someone elses child as a result.  I am not sure what to do.  Should I decide to get divorced, do I have any chance of getting full custody of my children (my wife states no as this typically is awarded to the Mother)?  She has been a good Mother, and I felt I have been a good Dad, but the fact of her carrying someone elses child is hard for me to deal with; let alone the father to be keeps calling me at work and home to inform me about the affair (I don’t want him to be around my children).

The fact that your wife had an affair does not by itself impact custody. If your wife is living with this person and has issues which affect your children’s safety or well being, the court will certainly consider those factors in awarding custody.

Delay in Signing Divorce Papers

what happens if I don’t sign the divorce papers? can I put this off for a time?

If you don’t sign the divorce papers, your wife would have to set the matter for a hearing.

Ownership of Property During Separation

hi,  this is for a coworker of mine. she and her husband just separated. she moved out of their apartment and moved into another. he is staying with family cause she had him arrested for domestic violence. she has taken some furniture, etc. from their apartment to place in her new apartment. can she do this? thanks, julie

Unless there is an order to the contrary, or if the furniture was her husband’s PRIOR to the marriage, yes she can take some of the furniture to use on a temporary basis in her new apartment.

Find a Question

Categories