Culver Winston Van Der Jagt's Answers

Why should I use a lawyer for my divorce?

If you don't have assets and don't have children and you are in full agreement on the issues, you are at less risk, but divorce (like marriage) can be one of the biggest financial transactions in your lifetime... you don't really want to get it wrong when you are dealing with your life savings and your children. I personally think that going into court without having at least spent an hour or two with an experienced attorney is a big mistake, but you are correct, you can fill out the papers...

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My spouse & I recently separated & the other day she had me served with a temporary restraining order

Please seek out an attorney... Restraining Orders are difficult to fight and you will need to be very well prepared for the hearing. Are there children involved? It makes a pretty big difference as to what your approach should be. Dodging a hearing is normally not a good idea under any circumstanes. You need to defend yourself (or better yet get an attorney to help you defend yourself) if you can show that they are false allegations. Culver 303-345-3508 This advice does not create an...

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I found out that my wife is moonlighting as an "escort". Can I get full custody in Colorado?

It is probable that the court will award you more parenting time than it will award her under the circumstances... the court will likely give her a chance to change her ways. You also have a another interesting argument. You can "play along" and assess her income from her "job" for child support purposes (this would be a more proper way to deal with this issue and still get all of your facts in). Hopefully, there is some kind of record of her earning capacity, like the information about her...

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Can you remove a restraining order?

Try this: FORMS To access forms online, go to the website at www.courts.state.co.us and click on the “Self-Help Center”. Please click either PDF or WORD by the title of the form. You may complete a form online or you may print it and type or print legibly in black ink.  JDF 397 Motion to Dismiss Permanent Protection Order  JDF 415 Order Vacating Protection Order After you have done your best on these forms, you may want to consult with an attorney for a half hour or so to...

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Should my landlord pay to exterminate bed bugs?

THIS IS NOT LEGAL ADVICE I have dealt with a situation like yours and I assure you, you need a professional to do it - two or three times - before they will be gone. The landlord is probably afraid of the stigma that the exterminators will bring when they show up, but it really isn't that bad... they are in and out in an hour or so, and most of them will give a guaranty that the job is done right... if you find them again, they will come again for free, then you should be done with the...

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CFI is biased. What can I do to prevent her from doing that?

There is good news and bad news... Some CFIs have biases, but most of them are looking exclusively from the child's perspective. If there is some form of allegation that does not involve the child, it doesn't always make it into a report. It sounds like you are pretty deep into your case. If you are doing this without representation from an attorney, or without confidential guidance from an attorney, you are probably not on the right track. Under most circumstances, you can show a recording...

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I am owed 12000.00 on back child support when my daughter turns 18 will my ex not be responsible for the back child support

He will likely still be responsible for the back support well after your child turns 18. Each month that he did not pay became a judgment against him and the judgments have interest calculated at 12% per year. You need to go to Child Support Enforcement if not to an attorney to get this sorted out. Culver

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Can anyone attend a divorce hearing?

The answer is technically "yes", but the family members can be "sequestered" (forced to leave the courtroom) if either of the parties states that they may consider calling them as witnesses. If I were on the other side, I would have your family sequestered simply to reserve my right to call one of the family members to the stand if I needed to. I guess it depends on the attorney. Culver

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How can I change my financial statement after a great income change?

Melanie's answer is right on with respect to the statute. You need to get a sworn financial statement filed that reflects your current situation and you need to make sure that the other side knows about your new financial situation, so that they can make the necessary adjustments in your case. This is urgent. I would very strongly recommend that you seek an hour or less of assistance from an attorney. Most attorneys have computer programs that can do all of the calculations for statutory...

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"Decree, the Findings of Fact, Conclusions of Law and Permanent Orders and the Order Reducing Attorneys’ Lien"

A Signed "decree" means that the marriage is terminated in almost all cases, but it does not necessarily mean that there will not be any more litigation over attorneys fees, liens, and other issues (as appears to be the case). If you want a more detailed answer, an attorney is going to need to look at the pleadings to advise you. I hope this helps. Culver 303-345-3508

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