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John H Barrett

John Barrett’s Answers

359 total


  • How long do you have to respond to a motion to modify maintenance?

    How long do you have to respond to a motion to modify maintenance? Divorce was finalized in October 2012 in the state of Colorado, but received motion on January 8th, 2016. I am pro se litigant and I am also the petitioner. Ex-husband (respondent)...

    John’s Answer

    You have 21 days from the date of filing (not when you received it) within which to respond to the motion. If you fail to respond, the motion may be granted without further input from you. You should be sure to respond timely and should probably retain an attorney to assist with this.

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  • When would a prospective property become "marital property"?

    I am getting a divorce in Colorado. The petition for dissolution of marriage was submitted on 5 Jan 2016. The divorce should be final 91 days after submission of the petition. There are no children involved and I currently do not own a home. I...

    John’s Answer

    I agree with the other two answers. Any earnest money paid may be considered marital if the source is marital. That is the case if the money was earned or acquired during the marriage unless by gift or inheritance. You should consult with an attorney to help you with this.

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  • Should I let her move before the divorce is done?

    Should I let my wife move my child to the state I intend to move back to also. We've resided in Colorado for over a year. I want to go back to the same area as well but I don't have a job yet. She wants to move in less than 30 days. I just started...

    John’s Answer

    Ideally, you want a full resolution of all issues before she relocates with your child. If it is not possible to resolve all financial issues, you should resolve all custody / parenting time issues before she leaves. This involves a written parenting plan signed by both parties and approved by the court. You should retain a lawyer to help with this.

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  • How do I go about getting a request to move when filing my own divorce

    Need to get a request to move

    John’s Answer

    You only need permission to relocate the minor children. If that is what you want, you need to file a motion requesting permission to relocate the minor children. You will have to show that it is in the children's best interest to move. You will need to propose a parenting plan to be in effect after the move if granted. You need to confer with you husband prior to filing the motion and state that you have done so. In my opinion, you should be represented by an attorney for this to give you the best chance.

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  • See the " Explain your Situation", Divorce

    I am going thru a divorce. I would like to fire my attorney. We are far into the process, does this put me in the same proposed time limit of the negotiating process or does it start the process all over from the beginning?

    John’s Answer

    Understand that the court may very well NOT grant the continuance. If you really want to change lawyers, make sure your new lawyer can make the existing deadlines.

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  • Separation agreement states this was to be paid by July 1, 2011. He has never made any effort to pay. What can I do?

    Divorce decree states ex-husband is to pay $20,000 to buy me out of house.

    John’s Answer

    It depends on what the Agreement says happens if he does not pay and why he has not paid. You should be able to get a judgment for the money owed.
    you may be able to get an order that the house be sold in order to pay you. You should consult with an attorney about this.

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  • Can the wife ask to add maintenance considering she had agreed not to take maintenance on the Seperation Agreement?

    Married 4 years. State of Colorado. Husband annual salary $125k. Wife annual salary $40k. 2 homes. Husband agrees to take home with equity of $30k. Wife agrees to take home with equity of $100k. Each took half of...

    John’s Answer

    Yes, she can ask. The court may decide to approve the filed Separation Agreement, if found to be not unconscionable. Alternatively, if the court does not approve the agreement, all issues are on the table to be decided. The amount of income and assets in this case indicate you should be represented by an attorney.

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  • In a Colorado divorce, must marital property always be split?

    My wife are divorcing but she wants us to continue to live together in the same house (separate bedrooms) and raise the kids. To ensure I can't just kick her out at some point, she wants to maintain joint ownership of the house. Is this allowed by...

    John’s Answer

    I think the court will approve this agreement, provided you provide for all contingencies.

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  • Do you have to have a mediator in every divorce in colorado

    Just a question not going threw a divorce

    John’s Answer

    It depends on the court. Many courts order it in every case; other courts do not. Even if ordered, it is not required if you settle your case and file all required documents before the mediation deadline

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  • Can any divorce attorney tell me please, which form I should file to appear by phone in Colorado divorce court ?

    I'm over the road truck driver and I can't come in for my final hearing.We agreed on every single thing and there is no dispute between us...

    John’s Answer

    • Selected as best answer

    You may not need to even do that. If there are no children involved, no hearing is necessary. You just file your non-appearance affidavit and separation agreement. If there are children involved, you can do the same provided each party is represented by an attorney. If not, you do not need to be present provided you have a written agreement which has been filed with the court. Then, just your spouse could appear at the hearing. If you want to be heard at the hearing, you need to file a motion to appear by phone. I do not know if there is a standard form for that. When that is necessary, I prepare my own form from scratch.

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