Divorce Process In Colorado

Summary

In Colorado, you can file for divorce even if you cannot locate your spouse. This involves filing a Petition for Dissolution of Marriage and possibly serving notice through publication if your spouse cannot be found. Cannot be found means diligent efforts to locate your spouse have failed, such as searching public records and contacting known associates. Service by publication requires court approval and involves publishing a notice in a newspaper. Documenting attempts to contact your spouse, including hostile responses, is crucial. Marital funds taken by a spouse are typically addressed during divorce proceedings as part of asset division, not as theft. Consulting a family law attorney can provide personalized guidance on these matters.

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Becky
Hi Becky! How can I assist you with your legal issue today?
My husband left in * with most of our savings his alcoholism makes it impossible to get ahold of him to file for divorce
I'm sorry to hear about your situation, Becky. In Colorado, you can still file for divorce even if you can't locate your spouse. Here are some steps you might consider:
- File a Petition for Dissolution of Marriage.
- You may need to serve notice through publication if your spouse cannot be found.
- Consult with a family law attorney for guidance on the process.
Would you like more information on how to proceed with service by publication?
How does Colorado define "cannot be found"
In Colorado, "cannot be found" typically means that despite diligent efforts, you are unable to locate your spouse to serve them divorce papers. This may include searching public records, contacting known associates, or checking social media. If these efforts fail, you may proceed with service by publication. Would you like more details on this process?
Yes
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In Colorado, service by publication is a process used when you cannot personally serve your spouse with divorce papers due to being unable to locate them. This involves publishing a notice in a newspaper where your spouse was last known to reside.
Would you like guidance on how to begin this process?
Yes
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To begin the process of service by publication in Colorado, you'll need to:
- File a motion with the court requesting permission for service by publication.
- Provide proof of your diligent search efforts to locate your spouse.
- Once approved, publish the notice in a newspaper for a specified period, usually four weeks.
Would you like more detailed guidance or assistance with locating a family law attorney to help you through this process?
How do I provide proof of my diligent efforts to find my spouse
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To prove your diligent efforts, you can:
- Document all attempts made to contact your spouse, including dates and methods (phone calls, emails, social media).
- Provide evidence of searches through public records and databases.
- List any contacts with known associates or family members.
Keep detailed records to present to the court.
If I know his dad do I have to contact him to be diligent
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In Colorado, reaching out to known associates, including family members like his dad, is generally considered part of a diligent search. While not mandatory, it strengthens your case for service by publication. Would you like guidance on any other aspect of this process?
Would I ask him for my husband's contact information
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If you believe your husband's father may have contact information or could help locate him, it would be reasonable to ask. This could be useful in demonstrating your diligent efforts to the court. Would you like any further assistance with this process?
How would I document attempts at reaching him through email if he responds with hostility and vitriol
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To document hostile email responses, you can:
- Save emails as evidence, including timestamps.
- Maintain a log detailing each attempt with dates and the nature of responses received.
- Consider using screenshots to capture the hostility for court purposes.
Would you like to learn more about documenting other communication attempts?
Yes
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To document other communication attempts:
- Keep records of phone calls, including dates, times, and outcomes.
- Save text messages or social media interactions as evidence.
- Note any attempts to contact through third parties or public records searches.
If you need further assistance, feel free to ask!
Should I just screenshot everything
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Yes, taking screenshots is a good way to document email and other digital interactions. Ensure that timestamps and context are visible. It might also be helpful to keep a detailed log of all your attempts. If you have further questions, feel free to ask!
What format is the log
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For documenting your attempts, the log format can be simple. Here’s a suggestion:
- Date: Record when the attempt was made.
- Method: Specify how the attempt was made (email, phone, etc.).
- Details: Note the outcome or response received.
- Evidence: Reference any saved emails, screenshots, or other evidence.
This structured approach can help present clear evidence to the court. If you need guidance on other aspects, feel free to ask!
Do you think I will receive the money he took
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Recovering money taken by a spouse can be challenging. In Colorado, during a divorce, marital assets are usually divided equitably. You may be able to address this issue through the divorce proceedings. Consulting with a family law attorney could provide more personalized guidance. Would you like information on how to find a family law attorney?
He took out savings isn't that theft
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In Colorado, if a spouse takes marital funds, it may not be classified as theft but rather a marital asset issue addressed during divorce proceedings. Colorado law requires equitable division of assets. You might consider discussing this with a family law attorney for tailored advice. Would you like more information on understanding your rights regarding marital assets?
If he took out savings and abandoned me financially would I be entitled to a settlement
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In Colorado, during divorce proceedings, marital assets are divided equitably. If your husband took marital savings, you could be entitled to a settlement addressing this. Consulting a family law attorney would be beneficial for guidance on asset division and your specific situation.
Will he take my car
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In Colorado, during divorce proceedings, assets are divided equitably. If your car is considered a marital asset, it could be subject to division. You may negotiate or provide evidence that the car should be retained by you. Would you like more information on how assets are typically divided in Colorado?
If I bought my car before marriage is it a marital asset
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In Colorado, if you bought the car before marriage, it's generally considered separate property. However, if marital funds were used for improvements or payments, it might be considered a marital asset. For specific advice, consulting with a family law attorney would be helpful.
I am in possession of his mother's ashes how is that an asset
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In Colorado, personal items like ashes are usually considered separate property and not marital assets. However, if they were acquired during the marriage, they might be subject to division considerations. You may want to discuss this specific situation with a family law attorney for clarity. Do you have any other questions about asset division?
Can I sell my husband's property before filing
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In Colorado, selling your husband's property before filing for divorce could lead to legal complications. Typically, marital property is subject to division during divorce proceedings. You should consult with a family law attorney to understand your rights and any potential consequences. Is there anything else you'd like to know?
Can I sell my husband's property after filing
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In Colorado, selling marital property after filing for divorce can be complicated. Generally, you need to wait for the court's decision on asset division before selling any property. Unauthorized sale might lead to legal consequences. Consulting a family law attorney is advisable. Would you like more details on this process?
What if we cannot agree to terms of division of property
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If you and your spouse cannot agree on the division of property in Colorado, the court will decide for you based on equitable distribution. This means the court will divide assets fairly but not necessarily equally. Consulting with a family law attorney might provide more personalized guidance on your situation. Would you like any more assistance regarding the division process?
What is fairly but not necessarily equally
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In Colorado, "fairly but not necessarily equally" means the court aims to divide marital assets in a way that is just and reasonable, considering each party's circumstances, contributions, and needs. It doesn't guarantee a */* split. If you have more questions about asset division, feel free to ask!
What if my husband is entitled to an inheritance will I be able to access any of that
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In Colorado, inheritance received by one spouse is generally considered separate property and is not subject to division in a divorce. However, if the inheritance was commingled with marital assets, it might be treated differently. You might want to consult a family law attorney for specific advice on your situation.
He left in * doesn't that mean he abandoned me
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In Colorado, if your husband left in *, this might be considered abandonment for the purposes of divorce, but it doesn't automatically impact the division of assets or custody arrangements. Abandonment can be a factor in divorce proceedings, potentially affecting alimony or asset division. Consulting with a family law attorney would provide specific guidance related to your situation. Do you have any more questions on this topic?
Do I qualify for alimony
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In Colorado, whether you qualify for alimony (spousal maintenance) depends on several factors, including:
- The length of the marriage.
- Your financial resources and needs.
- The standard of living during the marriage.
- Your ability to support yourself through employment.
Given your husband's abandonment and financial situation, consulting with a family law attorney could provide more personalized guidance. Would you like more details on alimony eligibility?
Yes
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In Colorado, alimony eligibility considers:
- Length of the marriage.
- Financial resources and needs.
- Standard of living during the marriage.
- Ability to support yourself through employment.
Your husband's abandonment might impact this. Consulting a family law attorney could offer personalized advice. Would you like more details or assistance?
We are technically still married so how is that length of marriage determined. He has been unresponsive concerning the divorce since he left
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In Colorado, the length of marriage is generally determined from the date of marriage to the date of legal separation or divorce filing. Since your husband has been unresponsive, you can still file for divorce even without his cooperation. Would you like guidance on any specific aspect of the divorce process?
How would the court make him pay spousal maintenance
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In Colorado, the court may order spousal maintenance (alimony) by considering factors such as:
- Each spouse's financial resources and needs.
- The lifestyle during the marriage.
- Employment ability.
- Length of the marriage.
- Contributions to the marriage.
The court will issue an order for maintenance that legally obligates your spouse to pay. If he fails to comply, legal enforcement measures can be taken. Would you like more information on enforcing spousal maintenance orders?
Yes
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To enforce spousal maintenance orders in Colorado:
- The court can issue wage garnishments or liens.
- You may file a contempt motion if your spouse fails to pay.
- Legal assistance can help navigate enforcement procedures.
If you have more questions or need further assistance, feel free to ask!
Wouldn't all this legal stuff be more expensive than the spousal maintenance, would it even be worth it
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In Colorado, legal costs can vary, but pursuing spousal maintenance may still be worthwhile if it significantly impacts your financial situation. It's essential to weigh the potential benefits against the costs. Consulting a family law attorney can provide a clearer picture of the financial implications. Would you like guidance on finding legal assistance?
What is the likelihood I would ever see any spousal maintenance money from the alcoholic that abandoned me
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The likelihood of receiving spousal maintenance in Colorado depends on several factors, including your husband's financial situation and compliance with court orders. If he has income or assets, the court may enforce maintenance through wage garnishment or other legal means. Consulting a family law attorney could provide a clearer assessment of your specific situation. Would you like more information on how to proceed with filing for maintenance?
Yes
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It seems like you might have a strong case for receiving spousal maintenance, considering the circumstances of abandonment and the potential financial impact. Would you like to be connected to local lawyers who can better assist you with your case? If so, can you provide your phone number?
I cannot afford a lawyer. I'm very poor
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It's understandable that legal fees can be a concern. In Colorado, you might qualify for legal aid or pro bono services, especially considering your financial situation. Would you like information on organizations that provide free or low-cost legal assistance?
Yes
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In Colorado, you can explore organizations like Colorado Legal Services or contact your local bar association for possible legal aid or pro bono assistance. They may help with your divorce proceedings and spousal maintenance issues. Would you like more information on how to contact these organizations?
Yes
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Colorado Legal Services and local bar associations can provide the support you need. You can contact Colorado Legal Services through their website or by phone to inquire about eligibility for assistance. They may offer guidance on divorce proceedings and spousal maintenance. Would you like any more information or help with another question?