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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27011
Experience:  General practice of law with emphasis in family law.
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MY wife left me 10 months ago to be with another man.

Customer Question

MY wife left me 10 months ago to be with another man. Our children are all grown and out of the house. I have consistently paid her money every month car payment, allowance, help with rent, and a bill of hers since she has left. She quit work to take care of her mom who is ill while we were married before leaving me. I am paying for her to go to phlebotomy school for the next 4 months to help her get on her feet. My questions are as follows: Can we file papers with the court if we have nothing to contest?
2. If she were to get a lawyer and take me to court would I end up paying her alimony? and for how long? I make $98,000 / year. she obviously is not working at the moment. we were married 17 years.
3. If I were to have a girl friend now 10 months later would that hurt me in court and cause me to end up paying more money in the end?
Submitted: 2 years ago.
Category: Family Law
Expert:  Samuel II replied 2 years ago.
This is Samuel and I will discuss this and provide you information in this regard
1 - Yes, you can file for an uncontested divorce. I suggest, you consider first discussing and preparing a Marital Separation Agreement which outlines everything from what you will continue to pay such as school, her car payment, portion of her rent, etc - in lieu of any type of Court Ordered Spousal Support.
That support would continue until she is done school and give her 6 months after graduation to find a job.
2 - Spousal support many be granted if even on a temporary basis. She left you, however, and a court will evaluate to see if there was any just cause, such as abused etc that made her leave. If not, I suggest, that a court may order the temporary support if you two have not already come to terms with what is agreeable. The support ordered by a court will be based on the time of the marriage, if she worked, can she work, does she need the support and can you pay it.
3 - As long as you have a Marital Separation Agreement wherein you both agree to move on in life without interference to the other, having a girl friend will never be an issue
I suggest that you can begin with a mediator and that you can get the names of local mediators from the clerk of the court. A mediator can help you two to come to terms with the MSA and draft it for you.
Please note that I can only provide information for what you ask. In that regard, if you have other questions or need clarification, please let me know here.
Otherwise, I would appreciate a Positive rating as that is how I get credit for my time in providing you true and correct information.
Thank you
Customer: replied 2 years ago.
is there a place on line that I can print a marital seperation agreement? I'll have her sign it then how do I submit it to the court?
Expert:  Samuel II replied 2 years ago.
Here is a LINK you can use as a guide to draft your MSA And conform to your specific needs.
Expert:  Samuel II replied 2 years ago.
Here is another link you can use that is presented by the CO Court System. This might fit your needs better
Expert:  Samuel II replied 2 years ago.
That form, however, does not include every possible issue that may be relevant to the facts of your case. A section entitled "Other Terms" is available for you to identify unique issues that you may have in your case. If you need more space than is provided, attach additional pages to the form. Any additional pages must include notarized signatures. If you decide to use the first link as a guide to draft your own, it should be signed by both of you in front of a Notary, as well