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LADY LAWYER
LADY LAWYER, Family Law Attorney
Category: Family Law
Satisfied Customers: 6531
Experience:  Family Law Attorney
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I live in rural Colorado. My husband and I want to divorce amicably and have been separat

Resolved Question:

I live in rural Colorado. My husband and I want to divorce amicably and have been separated for 5 years.
We separated a number of times throughout the years due to infidelity issues with him and domestic violence issues. We have been "married" for 30 years.
I have one 17 year old son and a twenty year old daughter living at home with me. My husband has paid no child support and doesn't seem to be able to manage his life well regarding work. We have lived very separately for 5 years including him not residing in the same state. He has little to do with the children and attempts at reconciliation aren't worth it as he drinks and has been sexually promiscuous and I don't want any of that in my life anymore.
He owns a piece of property but because of DUI problems has no other assets except instruments.
I would like to have as simple and inexpensive a divorce as possible since he won't help pay but will not contest either. Fighting for child support isn't worth it as he claims
Submitted: 3 years ago.
Category: Family Law
Expert:  LADY LAWYER replied 3 years ago.

LADY LAWYER :

Hello, Thanks for choosing Justanswer.com! I look forward to helping you today.

LADY LAWYER :

If your husband will not be contesting the divorce, you can go down to tyour local court house and pick up the divorce packet that will have everything you need to fill out and file. Your husband will have to sign and notarize the documents as well--this can be done by sending them to him, having him sign everything and then sending it back to you.

LADY LAWYER :

Then you can file everything at the court house and pay the filing fee, which can vary from county to county, but is never more than $400.

LADY LAWYER :

You will have a hearing scheduled that you both should be present for, but if your husband doesn't show up, the judge can still grant the divorce.

Customer :

So the fact that I don't know exact or real information about his financial situation is not a problem?

Customer :

Also the fact that I won't be able to fill out anything about child support?

LADY LAWYER :

He will have to fill that part out. He has to fill out financial affidavits.

LADY LAWYER :

Were you legally separated?

Customer :

NO.

LADY LAWYER :

If not, you can't claim child support for the time you were separated. You may be able to claim it from the time of the divorce until your son reaches 18, but I am not sure that it is worth it given your husband's state of affairs.

Customer :

If I feel that he has not filled out the affidavits honestly should I say so or just let it go for the sake of successfully completing the divorce?

LADY LAWYER :

You can tell the judge that, yes.

LADY LAWYER :

He can still grant the divorce.

Customer :

I suspect he won't show up especially as he is currently living in Texas.

Customer :

Would telling the judge the truth about no support or anything I suspect is not honest accomplish anything favorable to me?

LADY LAWYER :

Probably not. If he won't sign and notarize the forms, you are going to have to file for a contested divorce and have him served in TX.

LADY LAWYER :

You should always be honest with the court and let your concerns be known. The judge can grant child support and even if your ex doesn't pay, you can convert it to a judgment and garnish his wages.

Customer :

Thank you. XXXXX want to write back to you and tell you how it went, how do I do that?

Customer :

And would you like to know the results?

LADY LAWYER :

The judgment is good indefinitely. Even his tax returns can be seized and turned over to you.

LADY LAWYER :

Yes, I always love when my customers follow up with me!

LADY LAWYER :

You can just bookmark this page and come back at any time--even after you have accepted an answer.

Customer :

Not sure any of that will be effective, to my knowledge he hasn't had a job for many years.

LADY LAWYER :

Well, even if he tries selling the property, you can get a piece of the proceeds to settle any judgment you have.

Customer :

I also don't know how he receives whatever income he gets.

LADY LAWYER :

It is worth it to get it, just in case.

Customer :

Thanks, XXXXX XXXXX Lawyer. I appreciate your help and am glad I contacted you.

Customer :

I will let you know the results.

LADY LAWYER :

You're very welcome :)

LADY LAWYER :

My best to you!

LADY LAWYER, Family Law Attorney
Category: Family Law
Satisfied Customers: 6531
Experience: Family Law Attorney
LADY LAWYER and 4 other Family Law Specialists are ready to help you

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