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

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  • Can I Appeal?

    I got charged with domestic violence a year of probation in classes i pleaded guilty so i could get out if jail as i had alot to lose! I want to appeal in reverse the verdict! What do you think?

    Culver’s Answer

    It sounds like you are headed for trouble if you try to reverse that plea and don't have a REALLY good reason (which would almost have to relate your your competency to understand the plea when you entered it). I think you should consider speaking with a criminal law attorney in private to find out if there is any case for you. They should be able to assess your situation within a half hour.

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  • If I will be losing my job due to divorce, should I fill out my Sworn Financial Statement with my current employment info?

    My husband is active duty and we are currently living overseas. I was employed using my overseas spouse preference, which grants me employment based on the condition that I am a spouse of AD and have SOFA status. Once the divorce is final, I wil...

    Culver’s Answer

    I agree that your sworn financial statement needs to reflect the situation as it exists on the date that you have the document notarized, but you may want to use extra space on the document to add a notation that says something like "I will not be able to work for my current employer upon the date of divorce because..."

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  • If deported to Trinidad, will child support still stand?

    The father of my child could potentially be deported back to Trinidad and if this happens will the child support arrangement still hold true, or will he be exempt from his obligations??

    Culver’s Answer

    As a legal matter, his deportation might affect his child support because the court may consider his ability to pay (and his ability to earn) based on where he is living. As a practical matter, an american judgment may be worth little in Trinidad. You had better consult with an attorney who is familiar with family law and immigration law here in Colorado before you have to deal with attorneys both here and in Trinidad to try to collect a nominal amount of child support. Your case is headed for trouble if you don't address these issues now. Your child will receive the most total "support" if both parents have good incomes. If the father of the child can establish that his income is below $800 per month because he has been deported, you need to be ready to support the child by yourself, even if you might "win" a Colorado award of $50 per month. You need to get a very good look at what is going on here. Please go see a family law lawyer with experience in immigration issues.

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  • How do I start the process for getting an annulment?

    My "wife" has disappeared. The marriage was never "real" and I want to get it annulled. What would be my first step? What do I need?

    Culver’s Answer

    I agree with the below answer, but would caution you that before you go in and represent to a court that your marriage was never real, you consult with an attorney to make sure that that representation will not have unintended consequences ie. insurance fraud issues, immigration issues, or other issues. It may be "safer" to get a divorce. Please consult an attorney for further guidance.

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  • Do I have to pay for and file with my ex boyfriend for a common law divorce in Colorado?

    4 years ago we signed a paper at his employers HR office saying we were common law so I could be on his health benefits. We split up within 2 or 3 years. Now he wants me to pay for half of the costs of a divorce to get me off his insurance even th...

    Culver’s Answer

    Once common law married, there is no such thing as a common law divorce. You have to go through a statutory divorce whether common law married or married pursuant to statute. Your problem is that inconsistent statements indicating that you have never been married would not only be untrue, but could expose you to a claim of insurance fraud. You are in a tough jam and you need to get all of these facts before an attorney before you make a final decision on what to do.

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  • Does a final Divorce Decree take precedence over a prenuptial agreement?

    My Father remarried after my Mother died. He and his 2nd wife are now divorced. Final Decree in April. Now she wants to sue him for property division changes, claiming the original prenuptial agreement is still in effect. Shouldn't the prenuptial ...

    Culver’s Answer

    I also agree that the settlement agreement or separation agreement (if incorporated into the decree, which it almost always is) should control when compared to a prenuptial agreement that differs in terms. I agree that a lawyer should be contacted. Believe it or not, it might be easy to nip in the bud if you do retain one.

    This is not a replacement for legal advice and I am advising you to obtain an attorney who can look more closely at the issue.

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  • Why should I use a lawyer for my divorce?

    Most of the paperwork I can do myself.

    Culver’s Answer

    • Selected as best answer

    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 yourself.

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  • Is mental health a concern when determining custody?

    My ex and I are going through a divorce and have a 3 year old son. I do not trust that he is mentally stable enough to care for our son. He almost committed suicide(wrote me a suicide note, cops were called) and went to the hospital for a several ...

    Culver’s Answer

    Mental health is absolutely a concern in a child custody battle. You have a good case for becoming the "primary parent", but "full custody" is not really a Colorado Legal Term. If you are thinking of prohibiting contact with him, I doubt that is achievable (nor a good idea for your children). Stop in for a consultation with an attorney for a more in-depth look at your situation, as these communications are not privileged.
    Culver
    303-345-3508

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  • Can i have my daughters biological fathers rights terminated.

    I have a five year old whom lives with my fiance and I. Her biological father has been out of the picture for multiple years. He has had little to no contact with her since then. He has a criminal past (felony) no stable job or living environme...

    Culver’s Answer

    Ironically, it sounds like to me that if he went to see an attorney, he would probably voluntarily allow your fiance to adopt. I think you have a good chance of persuading him to allow for the adoption rather than trying to force him to "give up" his child.
    Culver

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  • Is it uncommon to take an X back to court for hidden assets?Do you have to open up the whole division of property? Is it worth?

    After my divorce last Sept., I discovered some large deposits in my X husbands bank account. One of which was the day after our divorce. Two more within 2 months.Totaling appro. $30,000. During the trial he claimed he had no jobs(electrical bussin...

    Culver’s Answer

    Without all of the information, it sounds like it is worth going back to reopen the case if you feel like you have good enough evidence... You really need to try to force him to produce evidence of where that money came from (either it was allegedly undisclosed income or he was hiding assets) - I'll bet it was a combination of both, but you are going to need to somehow prove that they were hidden assets. That is going to be a VERY tough task and your chances of winning are not high, even if you can prove that he deposited that money shortly after the divorce... you probably will need a forensic accountant to make an expert opinion (testify) that he was hiding money, and they are not cheap to hire.
    Culver

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