Ann Catherine Gushurst’s Answers

Ann Catherine Gushurst

Littleton Divorce / Separation Lawyer.

Contributor Level 8
  1. Do I have a chance at custody?

    Answered over 4 years ago.

    1. Ann Catherine Gushurst
    1 lawyer answer

    First of all, in Colorado, the term is not custody it is "parental rights and responsibilities". You do have rights, and they are constitutional, to parent your child. Those rights, however, will be balanced against the right of your child to have his best interests protected. If you are truly willing to step up and be in this boy's life, I would make many suggestions. First, get involved in the Dependency and Neglect case by entering an appearance (you may want to retain an attorney...

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  2. Is it my responsibility to drive at all to pick up my child from his father's weekend when court order says differently?

    Answered over 4 years ago.

    1. Ann Catherine Gushurst
    1 lawyer answer

    First of all, since you both live in Texas, you should register your order in Texas and enfore it there. You can enforce here, but the cost of doing so would not necessarily be a good financial decision. Second, if this were Colorado, you could enforce the order that Dad does all the driving and my guess would be that Texas would be the same way. HOWEVER, courts recognize that children are best served when they have both parents in their lives, and if your ex asked the court to modify the...

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  3. Is there any way I can divorce my husband while he's deployed?

    Answered almost 5 years ago.

    1. Ann Catherine Gushurst
    2. Theodore W. Robinson
    2 lawyer answers

    Colorado is a no fault state - so you do not have to have grounds other than declaring that your marriage is irretrievably broken. Your spouse has protection against divorce under the Soldier's and Sailor's Act, but that does not leave you unprotected. I strongly recommend you seek a good divorce attorney in the Springs, as most of them have a good working relationship with JAG and are knowledgeable regarding divorce involving a spouse who is serving in the military. Good Luck.

  4. Can i file my divorce papers and a motion

    Answered almost 5 years ago.

    1. Ann Catherine Gushurst
    1 lawyer answer

    The answer to this really depends on what "court order" your husband has obtained. Without that information, it is impossible to answer this question.

  5. What paperwork needs to be filled out for a divorce without assets or children in adams county, colorado?

    Answered almost 5 years ago.

    1. Ann Catherine Gushurst
    1 lawyer answer

    You have to fill out both the Petition for divorce (form 1101) AND a financial affidavit (form 1111) and a summons (form 1102). Additionally, there are a few other forms that must be completed (the form for certificate of disclosure 1104 and, if there is agreement, a separation agreement, a decree, and an affidavit for non-appearance of the parties. Even though it sounds like you are not asking for any support, and there are not any assets , the court still requires that a financial...

  6. Can I take Ex Wife to Small Claims court for not paying expenses not covered in divorce decree and parenting agreement?

    Answered almost 5 years ago.

    1. Ann Catherine Gushurst
    1 lawyer answer

    It is really unlikely that you could prevail in small Claims court under this fact pattern. The District Court, reviewing the facts, already found that they did not have a grounds to award you compensation, and they have all the same jurisdiction to award costs (contract, court order, tort) as does Small Claims. So, not only are you unlikely to find that there is an additional grounds supporting an award to you, but you are likely to run into a defense of "res judicata" which boils down to a...

  7. Which takes precedence, separation agreement or divorce decree?

    Answered almost 5 years ago.

    1. Ann Catherine Gushurst
    1 lawyer answer

    In Colorado, generally the decree adopts the separation agreement as the order of the court. I don't know how you could end up with a separation agreement that is different from the decree unless you didn't incorporate the agreement into the decree, or IF the separation agreement was done later. If so, the answer depends on whether or not the separation agreemeent was adopted by the court and made an order of the court. The court is bound to accept the separation agreement, under CRS 14-10-...

  8. Do I have to pay for the parenting classes if I don't want the divorce?

    Answered almost 5 years ago.

    1. Culver Winston Van Der Jagt
    2. Ann Catherine Gushurst
    2 lawyer answers

    When you don't want the divorce, the whole process feels even more unfair, but Colorado is a "no-fault" state and you are still required to pay for parenting classes. The average cost is approximately $40-80 unless you are talking about extended classes, which can range from $600 - $1200. In the case of the standard class, I have never seen the court order that the other spouse pay for it. In the case of extended parenting classes, which are frequently ordered when there is a great deal of...

  9. I was legally separated 7 years ago in CO. We reconciled later, but want to file divorce now. Can I petition court to divorce?

    Answered almost 5 years ago.

    1. Ann Catherine Gushurst
    2. Maury Devereau Beaulier
    3. David Alexander Browde
    3 lawyer answers

    Actually, if the legal separation is still in effect, in Colorado you can convert that to a divorce decree by filing a motion to that effect, pursuant to CRS 14-10-120 that states you have sent notice to your spouse that you wish to convert the legal separation to a decree of divorce. Nothing about the decree of legal separation is affected by the reconciliation unless you took steps to dissolve the legal separation. You do not have to file a separate petition for divorce.

  10. I am anticipating a divorce after 33 years. Was a stay at home mom until 7 years ago & now work full time. Kids all raised

    Answered almost 5 years ago.

    1. Ann Catherine Gushurst
    1 lawyer answer

    The answer to this question really depends on the jurisdiction you are in. In Colorado, you would likely qualify for maintenance because for a marriage of this duration, court generally believe that it is equitable that both parties have the same standard of living. Other jurisdictions look at spousal support differently - some basically do not offer much maintenance and others only assess whether or not you have enough income to meet your basic living needs. In most states, inheritances or...

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