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Divorce Advice for Men | Fathers Rights Divorce | Child Custody

Providing men with essential divorce advice, fathers rights divorce information and child custody articles. Dads Divorce is a community for men facing divorce or fathers rights issues and run by Cordell and Cordell. Cordell & Cordell is a family law firm with a focus on men's divorce, child custody and fathers rights divorce.
Tags >> CO
Apr 07, 2010

Question:

I purchased my house before I met my wife. We have been married nearly 17 years and have three kids. How hard will it be to keep my house??

Answer:

I am not licensed in the state of Colorado. Since the laws pertaining to property division will vary from state to state, I recommend you also consult an attorney in your state. There are many factors that are likely to be considered when awarding the house. If you have custody of the children then odds are you will get possession of the home. You have what by today's standards is a long term marriage. I assume the amount of time you owned the house prior to marriage was longer than the marriage itself. However, the time owned prior to marriage may be a factor. If the house was passed down through your family for generations then the court will likely award it to you. Regardless of who receives possession of the house, you are both entitled to a portion of the equity. If the home had considerable equity prior to your marriage, you may argue that you are entitled to a greater portion of the equity. Again consult an attorney in your state for further advice.

Dec 07, 2009

Question:

I am inquiring about a divorce in Louisiana; however what constitutes a resident of Louisiana. I have never lived in Louisiana as I am in the Marines and wife currently lives there. I have changed my Home of Record to reflect residency in Louisiana and we have also purchased a home in Louisiana, does this constitute being a resident of Louisiana? And if so, am I eligible to file for divorce in Louisiana.

Answer:

Every state will have different residency requirements. I am not licensed in Louisiana so I cannot tell you the exact amount of time you must live there to qualify. It is usually enough that one party resides there for the requisite time period. Louisiana is different than most states. It is set up based on a civil code system (French). Most states base their legal system on the common law (English). For this reason I cannot stress enough how important it is that you consult an attorney in Louisiana

Apr 08, 2002

Question:

I've been married almost ten years and have a 5-year-old girl and a two-year-old son. My wife is diagnosed as bipolar, and she's gotten much worse since our second child was born. She takes her medications and holds down a good job, but is verbally abusive to me and children. Her moods are wildly inconsistent, and despite a tenuous financial situation she spends extravagantly and it pushing us to bankruptcy. I love her, but I can no longer cope with her disease. I fear that growing up in this environment will hurt my children immensely. My wife has suicidal thoughts and in the past, homicidal thoughts toward the children. She has come home from therapy sessions and told me her doctor recommended I lock up or disable firearms in the home. I'm worried that despite the fact she isn't physically abusive, in the midst of a divorce preceding she will become a danger to herself and the children. I understand I would run a good chance at getting primary custody, but wanted any advice you can give on my actual odds. Also, I'm wondering if I were granted primary custody, would I be allowed to move out of state with the children without my wife's consent? Thanks much. Brian

Answer:

Allow me to preface my answer to your question with the fact that I am not licensed to practice law in Colorado. I can not give you odds, no one can. The courts have discretion in determining what is in the best interests of your children with respect to custody. You definitely have a good case considering her instability. I suggest you talk to her doctor, have her sign a release so he can talk to you. His opinion and the records he has kept will be a very important part of your case. Generally it is not considered to be in the children's best interest to live in another state than one of their parents. The court will have to determine if it is in their best interest to be so far from their mom.

Nov 29, 1999

Question:

We divorced at the mosque. We are muslims. Is this a legal divorce. We have green cards. We have one daughter -5.5 years- if i want to go back over sea with my daughter is it legal?

Answer:

I must preface this answer by saying I am not licensed to practice law in Colorado. You need to contact an attorney in Colorado to find out exactly what their laws in this regard. That being said, usually the requirements for a legal divorce differ from the requirements for a religious divorce. In other words you may be considered divorced under Islam but not under the laws of Colorado.

Nov 29, 1999

Question:

I have been married for 22 years. Two years ago, my wife moved to a separate part of our home. When I approach her to discuss anything, she yells at the top of her voice. My wife leaves her personal journal out for me to read as she writes about her need to pursue a divorce and just needs the courage to do so. I know that if I bring it up she will proceed. Before I consider bring it up, what should I consider in preparation? We have a home that is paid off, a large sum of money, and a 401K retirement. I make in excess of $200,000 a year and she owns her own business and grosses about $11,000. Would it be best for me to file for divorce or wait it our and allow her to do so? I have taken her to counseling, both times she refused to attend once the focus turned to her.

Answer:

I must preface my answer by stating I am not licensed in Colorado. You should also consult an attorney in your state as the law will vary. It is unlikely to make much difference regarding who files first when it comes to dividing assets. Generally, the marital pot will be determined as of the date of filing your divorce. So, the benefit to filing sooner rather than later is you may have fewer assets now than a year from now. If you anticipate that your wife's income will drastically increase in the near future then it may be worth waiting. Some states do award alimony and maintenance. Which may be based on your spouse earnings or earning ability. Her income may also be considered when dividing your assets.

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