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John H Barrett

John Barrett’s Answers

387 total


  • Is it possible in CO to divorce w/o completing sworn financial statments & compliance certificates if spouses come to agreement?

    My spouse and I are divorcing. I want to know if we come up with an agreement between the two of us, for example, if he were to give me his half of the house and then I did not request or seek other assets or maintainence, can we avoid doing the p...

    John’s Answer

    You do need to fill out the SFS and make the other financial disclosures. The court needs to make a finding that your agreement is fair to each party. You probably do not need to hire a forensic accountant, unless needed, such as for a business evaluation. I do not know why you would need a probate lawyer, except, maybe to analyze / value a trust interest.

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  • My ex has not complied with our divorce decree. He was required to exchange our tax returns,he has refused. More bellow

    In addition he was required to provide our 2 children medical insurance,he no longer provides,I had to insure via Medicaid. The other violations; My ex-husband was required to pay me the a portion of our martial home in addition to 1/2 of his 401k...

    John’s Answer

    The decree is not enforceable as a contract. So, it is not void due to his non-performance. The decree is enforceable as a court order. You may request entry of judgment against him for any money he has not paid. You can also ask he be held in contempt of court. That may result in a fine or jail until he complies. You should retain an attorney to help you with this.

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  • Is it possible to prove that a car accident I was in 2 years ago is responsible for an injury I'm suffering through now?

    2 years ago I was involved in a car accident where I was rear-ended. I refused to go to the hospital because at the time I was feeling okay. About a month later, I suffered an extreme pain in my abdomen. Since then, a hernia developed and I hav...

    John’s Answer

    What does your doctor say? You will need a doctor to say that the condition is caused by the accident. Also, toy should retain an attorney .

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  • Can I list my home for sale before my divorce is finalized?

    I am filing for divorce and wanted to list my home for sale. My husbands states that we cannot do that until the divorce is finalized.

    John’s Answer

    Once the divorce is filed and served on him, there is an automatic injunction prohibiting the disposing or transferring any marital assets with written consent of the other party or an order of the court. This may apply to "your house" if it is was acquired during the marriage or is titled jointly. You should consult with an attorney to make sure you do it right.

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  • Im getting a divorce and I want half of the acres?

    I left the house in december 2015. I submitted the divorce in april. In april he also put the land under his dads name. I can I still get anything?

    John’s Answer

    You can ask the court to disregard the transfer and treat the property as if it is still his. This is especially true if the transfer occurred after he was served with the divorce papers. You may need to add his father to the case so the court has jurisdiction over him. This is complicated and you should have an attorney to do this.

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  • How do i get divorced from someone i havent been in contact with in over 9 years. i do not know their whereabouts nor do i want

    I WANT HELP IN OBTAINING DIVORCE PAPERS FROM A SPOUSE THAT I HAVE NOT SEEN OR HEARD FROM IN 9 YEARS . I DON'T KNOW THEIR LOCATION AND DO NOT WANT TO . THEY ARE DIAGNOSED AS MANIC DEPRESSION AND SCHISOPHERNIC. THEY COLLECT AN SSI DISABILITY AND...

    John’s Answer

    You are required to use your best efforts to locate and serve them with the divorce papers. There is a procedure to serve them by publication in a newspaper if the court is satisfied that you have tried to locate them without success. Your attorney can give you more information about this.

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  • When are Student Loans incurred before marriage considered martial debt?

    We've been married for 3 short years. I incurred student loans before marriage to get an engineering degree ($23,000). This degree has resulted in some very obvious monetary gains and benefits to the entire household. Due to increased earning capa...

    John’s Answer

    Pre-marital student loans are not marital debt. So, she has no responsibility for paying them. The monthly cost of paying them is an economic circumstance which may influence other financial issues, such as maintenance. However, the primary determiner of maintenance is the respective income of the parties and the length of marriage. The student loans probably have little if any impact.

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  • Do I have to pay for 100% of child care costs after a divorce?

    My wife and i are getting divorced and have been working through the child support and alimony finances. So far, we have been very amicable and are working well together to come up with numbers that are agreeable to both of us. One sticking poin...

    John’s Answer

    No, you are not responsible for 100% of the child care costs. Child care costs are included on the child support worksheet. They end up getting paid proportionally to the respective incomes of the parties.

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  • Can my husband take a loan out on our house, if my name is on the deed?

    I'm separated from my husband. He wants to take a loan out against our house. Can he get a loan if both our names are on the deed and i don't co-sign

    John’s Answer

    Any bank or credit union will require both signatures. It is conceivable that a private lender might make a loan with just his signature. In that case only his interest in the property would be encumbered. That is not likely to happen. As a practical matter, he can not do this w/o your consent.

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  • Can I file contempt of court

    Recently divorced my court ordered decree states I have my 16 year old son 96 overnights a year plus whenever he wants. There wasn't a weekly parenting schedule put into place at that time, my ex and I verbally agreed on a weekly schedule .she ha...

    John’s Answer

    I do not see this as contempt because there is no court order specifying the exact times for your parenting time. You get 96 overnights but not necessarily during any 2 week period. Your better remedy is to ask the court to specify a definite parenting schedule. Your past history will likely set the stage for that.

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