LoveToKnow Divorce:AllComments

From LoveToKnow Divorce

Comments

LouLA,

The decision about whether your wife will get alimony is made by a judge. The LTK article on Alimony will give you more information.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

HI, i have been married for just over 5 years and was pretty successful when we got married. She has never had to stay home or not work, we paid for school for her out of our family budget. She is doing ok but makes about 1/5th of what i make. She wasnt married to me during the struggling times in college. If we "fight" will she get alimony?

-- Contributed by: LouLA

JimB,

If you and your wife can agree on child custody, then the Court will probably approve the arrangement. I would suggest that you discuss the issue of child support with an attorney to ensure that you aren't leaving yourself open for a claim for child support at a later date if you don't have a written agreement or you have overlooked an important detail.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

My wife an i agree on joint residency and joint custody. Will the colorado courts let us? we also are saying no child support since joint custody and joint residency in exchange for some money "up front" from me the person who makes more. Will the courts allow this if we both agree in writing? am entering this again as i dont see that it "entered" the first time. sorry if a duplicate

-- Contributed by: JimB

Julie,

If you and your husband are able to resolve all issues between yourselves, then you should be able to file the agreement with the Court to have a judge sign it without having to appear at all.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

I will be filing for an uncontested, no children, no joint assets divorce. I will be filing in Colorado and my husband lives in another state. Will we be required to appear in person before a judge or mediator for a hearing or the "Initial Status Conference" even though there are absolutely no issues to resolve? Thanks.

-- Contributed by: Julie

Chuck A,

You can file jointly for divorce and have a mediator help you work out an agreement. If you are able to agree to all the terms, you can avoid having to appear before a judge for a hearing.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

Do you know if a couple can file jointly for a divorce and if a court hearing and judge involvement is mandatory? Although we have 2 children, the children will live with their mother and I will be involved daily.We would like to use a mediator.

-- Contributed by: Chuck A

Tara,

I would suggest that you consult a lawyer to find out how to amend the divorce papers to show that you would like to have joint custody.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

My husband & I have filed divorce paperwork twice now. In the paperwork my husband asked for full custody, so I put it in the paperwork and I put that we were in agreeance that I could see the kids anytime I want. What can I do to get joint legal custody? I don't want to be without my kids.

-- Contributed by: Tara

Mom,

You need to consult with a lawyer to get some advice for your situation. Please contact one right away.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

my husband is military and has been removed from the home for his violent behavior and abusiviness. I have no idea what my rights are. I was not allowed to do anything or have friends. He is being very uncooperative and is not giving me any money at all. He is hurting me badly. I have tried to be understanding and work with him but he won't. I don't know what the laws on him abandoning the kids and knowingly didn't give me diapers for them when he was aware of my negative balance in the bank. He has been out of the home for almost two months. what are the abandonment laws on his property inside the house. He is still paying the mortgage payment as the house is in his name. What are my rights concerning that and can I get any advice in this nasty divorce that isn't even begun yet. thanks

-- Contributed by: mom of 3gr8boys

Laurie,

The courts are divided on the question of who should keep the engagement ring if the marriage doesn't take place. This link will give you some more information:

http://www.legalmatch.com/law-library/article/return-of-the-engagement-ring.html

Jodee Redmond, LoveToKnow Editor

-- Contributed by: JCRedmond

My finance gave me a ring and now we have broken up (due to his cheating and drug use). He is suing me for the ring. Do I have to give it back?

-- Contributed by: Laurie

How final is a "Final Order for Dissolution" in light of the September 5, 2007 decision by the 4th District/El Paso County in COHEN/Haskins v. COHEN, 93DR0266; whereby a wife was actually allowed to come back 14 years later to ask for a life insurance policy (new property benefits) that she "forgot" to ask for?

Yes, despite not having an insurable interest (as per case law) and no legal right to re-open a fully negotiated closed property settlement (per Colorado written law CRP 59 and 60), the ex-wife was actually allowed to pursue getting a life policy without the ex-husbands full consent. Amazingly, the court transcript reveals that the Judge did not consider ANY relevant laws or facts in the case, but ruled SOLELY on his own personal experience---even going so far as to say "I don't mean to testify here, but I gave this to MY wife when I divorced her, so I don't see what the big deal is..."

So, as I see it, the overall effect of this decision is that NO DIVORCE CASE IS EVER CLOSED IN COLORADO! The parties can now keep coming back to ask for benefits---even when the benefit was NOT an existing property issue...OR even if the parties had competent counsel! If you forget to ask for anything---SBP, Life Insurance, permanent alimony, future earnings(even if you had a lawyer, even several) you can NOW come back and ask for MORE!!

This is not good for Colorado.

-- Contributed by: Colorado Divorce

Yong,

The issue is not exactly whether you have committed adultery; your husband doesn't want to be ordered to pay child support since the baby is not his. I would suggest that you ask you lawyer how your pregnancy will effect the proceedings.

Jodee Redmond, LoveToKnow Editor

-- Contributed by: JCRedmond

I had filed the divorce paper and it should be finalize in 9 days, however, at the time that I file the divorce I didn't know that I was pregnant. The child is not my husband. Last time we were together was seven months ago. We decided to go our own way before I got pregnant, but now even knowing that he is not the father, he is try to stop the divorce from getting finalize and taking me to court for adultry when he's already seeing someone else except she didn't get pregnant by him. Can he do that?

-- Contributed by: Yong

Brooke,

I can suggest that you contact your local legal aid office to see if you qualify for help. Your community may have a legal clinic run that can provide assistance. You can also contact the State Bar Association to ask for a referral to another attorney who may be willing to work out a payment schedule with you.

Jodee Redmond, LoveToKnow Editor

-- Contributed by: JCRedmond

I was just recently dropped by my attorney because I can no longer afford the 460.00 per hour that they charge. My ex is only giving me 1200.00 a month out of the 15,000 a month that he makes. I do not know where to turn now since I have lost my lawyer and he is refusing to give me any more than that amount although I raise his daughter everyday. I am lost as to where to turn now and feeling very frustrated and defeated.

-- Contributed by: Brooke

Lisa,

If your fiance has filed for divorce and his wife has left the state and not responded, he can still get a divorce. If she wasn't served with papers before she left, then service can be done by publication. (A judge will order that an ad be taken out in the newspaper for a certain number of days.)

If she doesn't respond to the divorce proceedings, she will be noted in default and the divorce hearing will proceed without her. Your fiance will likely be awarded custody, since he is caring for the children and his wife is out of the picture.

Jodee Redmond LoveToKnow Divorce

-- Contributed by: JCRedmond

My fiance has filed for divorce, his wife (now pregnant) has left their two children with us and moved to Florida with her boyfriend. We don't know where she is living. What are our rights regarding custody of the girls? What is the procedure when the other spouse is MIA, with the filing of the divorce?

-- Contributed by: Lisa

Marc,

You can request a meeting in chambers through your attorney, but the other party and his or her lawyer will also be present.

Jodee Redmond

LoveToKnow Editor

-- Contributed by: JCRedmond

I need to know if it is possible for some one to request a meeting in chambers with a judge during a modification hearing. I want to know if it is possible to request to see a judge one on one.

-- Contributed by: Marc Plaskie

Kaoutar,

You can withdraw the divorce petition. Please contact the Court Clerk's office where the divorce papers were filed; they will be able to help you.

Jodee Redmond

LoveToKnow Editor

-- Contributed by: JCRedmond

my husbund and i decided to cancell our divorce we filed for it in the 23rd of november of 2007 so what are the steps

-- Contributed by: kaoutar fariss

Dathan,

The best person to give you information about what will happen is your own lawyer. If you have children, you do have a legal obligation to pay child support. Alimony is not always awarded and if it is, it's usually for only a certain period of time.

Jodee Redmond

LoveToKnow Editor

-- Contributed by: JCRedmond

I have been married 4 years and have been accused of adultrey. I have no means to disprove this, and she has means to prove this. Her attorney has told her that I will lose the house (not a probem) i will have to quit school, I will have to pay for the house, I will have to pay for my daughter, AND i will owe allimony. This can't right... what is really going to happen?

-- Contributed by: Dathan

Hi Suzy,

I can't predict what the Court will do in your case. I'm not sure that the Court can force him to see his children, although he has a legal obligation to suppor them. Please contact an attorney who can advise you of your rights.

JC Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

I have been married 20 years and have four children ranging from 10 to 16. My husband wants to move out of state and not have any scheduled visitation with the children. If I don't want to be solely responsible for the children and feel he needs to be in their lives, what will the court decide? Can he move and leave the children? There is a concern that he will move out of the country since he is Tunisian. Do I have any legal recourse?

-- Contributed by: suzy

Hi Connie,

Your options would depend on the wording of the parenting plan. If it talks about reasonable access, that is a very vague term and very hard to enforce. Do you have reason to believe your ex wouldn't bring your daughter back after the visit? Is your daughter looking forward to going with him? I would suggest that you contact an attorney to discuss your particular situation in detail and get appropriate advice.

JC Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

divorce agreement and parenting plan does not have a holiday schedule. ex is saying he is taking my daughter out of state for christmas even though this is my legal custody time. what are my options if he takes her out of state and there is not a holiday schedule showing he has her for the 3 weeks he says he is taking her. he only has her every other weekend and i have her the rest of the time. cjwtjackson@yahoo.com

-- Contributed by: connie

James, you can file for divorce even if your wife is pregnant. Once the child is born, you will be required to pay child support.

-- Contributed by: JCRedmond

my wife and i have been married for almost 6 months. we have no property no bills are anything in our marriage. she claiming that she is pregnant. can i still get a divorce if she is supposely pregnant. I am in the state of Colorado.

-- Contributed by: james
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