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John H Barrett

John Barrett’s Answers

337 total


  • Is it Legal to File Bankruptcy Before Filing for Divorce?

    I plan to do both.

    John’s Answer

    It is "legal" to file bankruptcy before filing for divorce. However, the divorce court will not be able to divide property until the bankruptcy is completed. Also, the decision to file bankruptcy before or after filing for divorce is very complex. You should consult with bankruptcy counsel and divorce counsel in order to decide how to handle your situation.

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  • Would my Ex be able to change a Divorce agreement for it being UNFAIR?UNEQUAL? He gave me assets & took the debts out of GUILT

    Ex was abusive & a cheater... out of GUILT gave me house, car & alimony. Now he wants to change the agreement because he doesent like that he gave me alimony for 20yrs.

    John’s Answer

    I assume that the court has approved the agreement and entered a decree. If so, he can not change the property/debt provisions unless he can show a failure to disclose assets or fraud of some type. The maintenance (alimony) is modifiable upon a showing of change circumstances that render the original order unfair. However, he can not do that if your agreement stated that the maintenance was not modifiable.
    If the court has not yet approved the agreement, he may be able to convince the judge not to approve it if it is not fair.

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  • Is there any way to not have to disclose financial info to husband when getting divorce?

    We always had separate finances from the beginning. I never knew his finance situation but he knew mine. He walked out numerous times on me for no reason. I don't have my w2s either. I lost them during rushed move out of my residence. I lost my jo...

    John’s Answer

    The law in Colorado is that each spouse must disclose all financial information in a divorce. That is even more necessary if you have kept your finances separate since he can not be presumed to know what your finances are. His misconduct does not excuse you from this obligation.

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  • Does"should not be granted divorce " with " the marriage is not irretrievably broken" options in a response mean it's contested?

    I would want to understand the difference between contested and uncontested divorce response to petition. I need to answer and would like to tick should not be granted and the marriage is not irretrievably broken. Does this mean it's contested ? A...

    John’s Answer

    In order to grant a divorce, the judge must make a finding that the marriage is irretrievably broken. The Petition must allege this. You may contest that allegation. Usually the court will find that the marriage is broken if one party says it is. This is rarely disputed. The other part of the form is for you to correct any of the statistical info in the petition, such as date of marriage, ages of children etc.
    The case may be "contested" even if there is no dispute about that info or that the marriage is broken. There are many financial matters and parenting issues to resolve.
    You should consult with an attorney about your options

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  • Back date Divorce

    My ex and I filled all the divorce paper work. But I didn't know that I needed to do anything after that and I guess the divorce was not finished. Is there anyway of back filling the divorce

    John’s Answer

    You need to find out if the case is still alive and what needs to be done to finish it. If it has been dismissed, you will need to refile. I hope neither of you have remarried in the meantime.

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  • Can a separation agreement be change after 4 months after the dissolution of a marraige (Divorce) has been declared?

    My ex husband has decided he does not want to give me 50% of his 401K after he agreed to it. The divorce already went through. Can he hire a lawyer and have items change in the separation agreement?

    John’s Answer

    The court may not modify a property division except under circumstances justifying the reopening of a judgment. C.R.S. 14-10-122. This would require a showing of fraud, duress, mutual mistake etc. It will be very difficult or even impossible for him to do this unless there are facts which would justify it.

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  • I just got a divorce in Colorado. How long do I have to keep her things if she does not come and get them?

    We were married for eight years. It have been over 45 days so far and she has made not contact with me to get them.

    John’s Answer

    This may depend on what your separation agreement/ permanent orders says about this. If there is no specification, you should keep them for a "reasonable" time. How long depends on all the circumstances. I do not think 45 days is long enough to be safe for you to dispose of her things. Also, you should give her notice by certified mail of any intent to dispose of her property.

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  • On the divorce Certificate of Compliance we're ordered to send our spouses copies of things my question is about bank statements

    When sending copies of our bank statements, do we only include the most recent statement? I ask because since our separation, Feb of 2014, husband has been recklessly spending money trying to drain his account so not to owe me anything. I am sendi...

    John’s Answer

    You are only required by the disclosure rules to provide the most current statement. If you want more, you can propound discovery/ request for production of documents for the other statements.

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  • Premarital home that he wants $$ from

    I have a home I have owned for 18 years, he lived there for three. We never shared finances, he was never on the title. We had a massive hail storm and the house has a lot of damage, he wants money from the equitable gain, but it's lost money, can...

    John’s Answer

    If the house has gone up in value during the marriage, that increase is considered marital property and subject to equitable division by the court. You may want to get an appraisal done showing the value then and the value now. You also need to consider any insurance coverage for the hail damage.

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  • I need a divorce attorney. Complicated financials.

    I became disabled while common law married...but, used my settlement money to purchase a house for him and his kids. I was not on mortgage due to horrible credit at that time. 2 years later he put my name on the title. My cheeks go to mortgage. He...

    John’s Answer

    You are entitled to an equitable division of marital property. That includes the house. You may be able to ask for maintenance/spousal support depending on the respective incomes of you and your spouse. You should consult with an attorney to further advise you after the attorney knows more about your situation.

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