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Emily Therese Roberts
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Emily Roberts’s Answers

40 total

  • Can I move out of state without going to court??

    My divorce decree states that I get to determine our child's permanent residence, regardless of geographic location and nowhere in the document does it state that neither of us can move.

    Emily’s Answer

    I agree with Mr. Smith, the wording is very important. However, what you don't want is to simply move out of state without doing it properly and then be forced back here opening the door for further litigation and a host of additional problems. When it comes to relocation matters, consulting with a highly skilled attorney in this area will prevent a pro se party from the many pitfalls that can occur. You need an attorney who can review your agreement with you, review the law with you and provide you the legal advice that is necessary for you to make a decision regarding how you want to proceed.

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  • Can I trade my too small car for a larger one during divorce before next pymnt and tags due? I am making car pymts now anyway.

    Bought for my son. He has now purchased something else. Husband took other car that fit everyone that was paid for. This car too small for me and the kids and I would like to trade it now my divorce wont be final for 6 more weeks and I hate to ma...

    Emily’s Answer

    Once your divorce is pending, there is a temporary injunction that goes into place that prohibits dissipation of marital assets. Selling or trading a vehicle would likely fall under this temporary injunction. You should speak with your husband and see if you can come to an agreement regarding obtaining a new vehicle that meets your needs. If you come to an agreement, you should put it in writing. If you and your husband can't agree, you might consider mediating the issue or raising the issue with the Court as part of temporary orders, if this must be complete before your case is done.

    The issue of dissipation of marital assets is taken very seriously and I would caution against doing anything without an agreement or Court Order.

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  • What do I need to do if the separation agreement is not clearly followed?

    My divorce has been finalized and was uncontested. In the separation agreement we stated the debts to be divided. After the final hearing she withdrew from a loan account that I'm held responsible for in the agreement maxing out the account. The ...

    Emily’s Answer

    I agree with my colleagues. You have to seek to enforce the agreement that you both entered into. Litigation can be costly and time consuming. You might want to consider corresponding with her about your agreement and the money that she took and see if between the two of you it can be resolved. If that does not work, you may need to mediate it, if your agreement requires. You also have the option of a contempt action. Contempt can be a very complicated process. If you plan on going down the road of contempt, you might want to strongly consider obtaining the assistance of an attorney who is well versed in this area.

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  • I live in colorado and my son s father is now filing for custody he lives in maryland what are my legal obligations

    does maryland have any juristction in colorado the father knew i was moving and was fine until the state of colo.ordered him to pay child support

    Emily’s Answer

    I agree with my colleagues. There are a lot of unanswered questions to the question that you pose. First, what state entered the original orders in your case? Second, where are the children currently residing and how long have they resided there? Third, if neither of you are in the state where the original orders came from, how long have you been in your respective locations.

    If, hypothetically, the original orders were entered in Colorado and the children are still residing in Colorado - Colorado would likely still retain jurisdiction. If the children are no longer residing in Colorado, then we would need to figure out what the proper jurisdiction would be to handle this issue - it still could be Colorado, it could be another state, Maryland included.

    It would be a good idea to speak with an attorney regarding your issue. Jurisdiction matters can be very complicated and can have case long consequences.

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  • I have court tomorrow for back child support in the amount of 1000 . Am I facing jail time ? I do not have a criminal record !

    I have had one ticket for speeding and one ticket for expired tags. I am 37 . I lost my job almost 2 tears ago after being with that company for 10 years! I was a cake decorator , so there's not a whole lot of jobs for decorators where I live .. I...

    Emily’s Answer

    It sounds like you could greatly benefit from having counsel in this matter, or at least sitting down and speaking with someone regarding your case.

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  • If my 16 year old moved out, and to her dads, and I have current custody of her, will I have to pay him child support now?

    We live in Colorado.

    Emily’s Answer

    I agree with my colleagues. Agreed upon changes in custody can be the basis for a modification of child support back to the date of the agreed upon change. There is still the required 10% change from the prior order. You should attempt to address this sooner rather than later so that if a change is necessary or provided for by law that you are not facing a large amount of support due back to your child's father. You might want to consider having a discussion with your child's father to see if you can't resolve this on your own.

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  • How to protect my assets in a Common Law marriage (or am I not in one)?

    My aunt is cohabiting with a man for more than 6 years in Colorado. They have a joint mortgage for more than 6 years. She holds a lump sum of money and is worried that he may have access to it by the definition of Common Law Marriage. My aunt does...

    Emily’s Answer

    I agree with both my colleagues. Just owning joint property or living with someone for a period of time does not equate to common law marriage. In my opinion, the heart of common law marriage goes to the root of believing that you are husband and wife. So while living together and owning property together would assist in establishing this, this by itself is not enough. You must hold yourselves out as being married. Your friends, family and others on the outside must consider you husband and wife. Does her significant other believe that they are married? Have they filed joint tax returns, held joint bank accounts? There are additional questions to be asked and answered, and your aunt may benefit from speaking with an attorney who is skilled in family law here in Colorado. Even if, in the end, common law marriage is found not to exist, they will still have the task of dividing up the property that they jointly hold - such as the house with the mortgage.

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  • My fiance is not the biological father of my daughter, but wants to adopt her. How can he adopt her and be on the birth cert.?

    The biological father was illegal, and took off to Mexico. I got a restraining order against him. He has no interest in my daughter. My fiance and I are getting married soon and he wants to adopt her as his own. I did not list a father on the birt...

    Emily’s Answer

    I agree with my colleagues. A step-parent adoption is pretty straight forward, especially if biological father is willing to agree to give up his rights. You can find all the necessary forms on the Colorado Court's website - and also a great handout on the process. www.courts.state.co.us. If biological father is not willing to consent, then hiring counsel skilled in adoptions would be beneficial to help you navigate the process.

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  • Filed for divorce. A family member loaned me money to move. Could she get her hands on this money?

    My wife moved out of state. I filed for divorce here and am working on getting her the service of process (haven't been able to yet). I intend to move out of the house we were living in together to someplace I can better afford. To do this, I got ...

    Emily’s Answer

    Full disclosure is necessary in divorce cases. I agree with my colleagues, make sure it is well documented and you should be fine.

    www.divorce-matters.com. This answer is provided as general information about a legal issue, is not legal advice specific to a particular case, and does not create a lawyer-client relationship with the person asking the question

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  • Writing a letter to ex spouse requesting mediation

    My husband and his ex have been divorced for just over 7 years , we are trying to go through the courts to update the parenting plan and try to get more rights as the two younger children are with us at least 65% of the year , we don't really wa...

    Emily’s Answer

    I agree with Mr. Geil. The legal issues that you have a very complex. Parenting time, decision making and child support are very involved issues both factually and legally. Your Husband should seek legal advice regarding these matters so that he is in the best position possible to determine the course of action he wants to take.

    www.divorce-matters.com. This answer is provided as general information about a legal issue, is not legal advice specific to a particular case, and does not create a lawyer-client relationship with the person asking the question

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