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Culver Winston Van Der Jagt
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Culver Van Der Jagt’s Answers

324 total


  • Can a person be forced into getting a divorce by the courts because of a DV case against their spouce in colorado

    in el paso county and the charges are stalking

    Culver’s Answer

    This is a great question. If social services has gotten involved, they will often condition your custody on some type of proof that the children will no longer be near an abuser. I see them doing this a lot. You need a lawyer to look at your situation.

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  • My wife and I have been separated for about 7 years but not legally divorced. My question is in regards to child support.

    She is now filing for divorce through an attorney. All this years we had a mutual agreement and I have been sending $600 monthly. The attorney requested my pay stubs and hers and based on that they calculated that I should be paying $1800 a month ...

    Culver’s Answer

    It will probably wind up being a title 14 case, which means she would likely get support starting as of the date of filing. If it is filed as a title 19 case, things could get more complicated, depending on the facts, but most if these situations are 14s. Answering this question is not a replacement for legal advice and does not create an attorney-client relationship.

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  • If I refuse to let my ex have my daughter back, is that a civil issue?

    I have joint custody of my daughter. my ex lives in WY. If I refuse to have my daughter go back will my ex have to take me to court to get her back?

    Culver’s Answer

    I would reitterate Dave and Chris' answer, except that I would definitely tell you that you need to seek an attorney. These cases are explosive and often end in one parent being excluded from the child and without the proper approach, it sounds like you are headed for a violation of a court order, which could result in a total loss of custody or (hard to think of it) worse. Please seek an hour with a family law attorney.

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  • Divorce process duration

    Yesterday I had a court hearing for my divorce and we need to go to a parenting class. What is the next step after we go to that class? How long will it take until I am finally divorced?

    Culver’s Answer

    It will take more than 90 days from the date of filing in all of Colorado, but I am seeing 11-24 months in Arapahoe; 5-14 months in Douglas, Elbert, and El Paso; 4-7 months in Denver; 6-9 Months in Jefferson, Adams, and Boulder. I hope this helps!

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  • Does filing as married on a federal tax return without actually being married, marry you in the state of colorado

    I know that it depends on several variables but does filing jointly on federal tax returns and living together without meeting any of the other requirements legally marry you...How would I find out?

    Culver’s Answer

    I guess the answer is - it depends on some of the other factors... Colorado has common law marriage, but most judges want to see more than that. On the other hand, some judges will regard that as a sworn statement that you are married (which is a major factor in a determination of common law marriage). Be careful! The feds are not so friendly and knowingly making a false statement on a Tax return could bring undesirable consequences. The way you would find out the answer is to read other cases on the subject and compare those facts and rulings with all of your facts. The statute does not address exactly what it takes to become common law married in Colorado.

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  • Creditors garnishing wages.. Bankruptcy?

    Creditors garnishing my wages.. Leaving my checking account in 0. Placed on hold. I am not able to pay child support , my rent and phone bill due to this. Can bankruptcy help?

    Culver’s Answer

    It sounds like to you need to get in and declare Bankruptcy to stop them. Did you know that Walt Disney, Abe Lincoln, President Grant, Donald Trump, Elton John, Henry Ford, and Thomas Jefferson all made the same decision? Don't worry about it anymore - time to go see an attorney and back these creditors off!

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  • What if I lied about a domestic violence issue against my husband and now he is on probation and has to go to dv classes he did

    Not trow me aginst my truck But snacthed my clothing off can his probation be dropped if tell the truth what will happen with me?

    Culver’s Answer

    This is a difficult question to answer. A lawyer cannot help you offer false evidence to a tribunal and will be obliged to correct your misstatement if you made it to a court. Discuss with a criminal attorney for a half hour if you can.

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  • WHAT IS DOMESTIC VIOLENCE IN 3 DEGREE? WHAT ARE THE CONSEQUENCES

    MY BROTHER IN LAW IS CHARGED WITH DOMESTIC VIOLENCE

    Culver’s Answer

    I agree with the prior answer... better get a lawyer... It can have significant criminal consequences, as well as child custody consequences and even immigration consequences. It isn't something that you plea guilty to under any amount of pressure without first seeking a competent attorney for advice.

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  • How do I respond to a Petition for Dissolution of Marriage?

    I've received 1) a Petition for Dissolution of Marriage (JDF 1101); 2) a Parenting Plan (JDF 1113); and 3) a Separation Agreement (JDF 1115). What forms do I need to respond? If I file my own parenting plan in response, am I the Petitioner or ...

    Culver’s Answer

    JDF 1103

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  • In a long-term legal separation in CO, how would I protect myself if my spouse decides to convert to divorce in 6 months?

    can a motion be made in the court? could special wording in the separation agreement afford protection to maintain a long term legal separation?

    Culver’s Answer

    I'm not sure what you are trying to protect yourself from... a divorce? If you are trying to protect yourself from a divorce, I don't think a contractual provision in a separation agreement would do the trick... I don't think you can force a long term legal separation absent some pretty unique set of circumstances (perhaps lack of capacity of your husband could create a long term separation, but outside of that, I'm not sure how you could contract for something like that).

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