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Jan58

Divorce and ALL marital property

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I have mentioned multiple times to the judge about some of the marital property assets. This includes tools, guns, etc. Each time the judge removes his items and his items only from the discussion. Anything that is mine remains.

There also was an automatic temporary injunction which was supposed to take affect when the divorce started. This was ignored by him. There have been no repercussions by the judge.

There also was a sworn financial statement required with mandatory disclosures. The judge told him, even though I asked for it several times, that the only information that he had to give me was 1 month bank statement.

I have severe PTSD, according to my therapist, because of physical abuse by my daughter, which he allowed.

During the Permanent Orders hearing, my soon to be ex said, "as per our previous discussions, your honor."

More court orders pending. What else can I do?
 

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Hi @Jan58

 

Welcome to the community and thanks for posting. As RetiredinVA mentioned, it may be beneficial for you to be represented by an experienced family law attorney. The divorce process can be very daunting, and conferring with an attorney can go a long way towards helping you understand the process and ensure that the marital assets are protected. An attorney can also prepare formal written discovery on your behalf, and propound several years' worth of financial records from your ex husband (not just 1 month).

 

You can use our Lawyer Directory to find an experienced family law attorney in your area--many offer free consultations.

 

Best of luck with your case!

The FindLaw.com Team

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I gave up trying to find an attorney. Colorado Legal Aid also refused to help me but would never say why. I've decided to try and find one in Colorado Springs.

Edited by Jan58
added more info

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I already did that. The sheriffs department waited a week before delivering them. It was considered too late. The judge didn't question his authority at all. The Petitioner said it wasn't legal.

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On 7/15/2016 at 0:05 PM, Jan58 said:

I have mentioned multiple times to the judge about some of the marital property assets. This includes tools, guns, etc. Each time the judge removes his items and his items only from the discussion. Anything that is mine remains.

 

And you think this is improper?  If so, why?  Keep in mind that "his" and "mine" are touchy words when it comes to marital and non-marital property discussions.  For example, since this is basically a hypothetical for us, it's possible that all of "his items" are non-marital property and "[a]nything that is" yours is marital property.

 

 

On 7/15/2016 at 0:05 PM, Jan58 said:

There also was an automatic temporary injunction which was supposed to take affect when the divorce started. This was ignored by him. There have been no repercussions by the judge.

 

Without information regarding his alleged violations, this isn't a particularly meaningful statement.  However, did you bring these things to the court's attention in the procedurally proper way?

 

 

On 7/15/2016 at 0:05 PM, Jan58 said:

What else can I do?

 

I'm sure you can do lots of things.  What you ought to do in connection with your divorce is impossible for anyone to discern based on the limited information provided.  You obviously need an attorney to review the situation and advise you.

 

 

On 7/16/2016 at 1:09 PM, Jan58 said:

I gave up trying to find an attorney.

 

Because?

 

 

2 hours ago, Jan58 said:

What can I do to FORCE him to show me the mandatory documents? That was denied by the judge.

 

If your husband has failed to make mandatory disclosures, then you need to file a motion to compel.  If you did that already and the court denied it, you can file an appeal.

 

 

2 hours ago, FindLaw_RE said:

One option available to you is to issue subpoenas to your ex husband's financial institutions for the documents that you need.

 

2 hours ago, Jan58 said:

I already did that. The sheriffs department waited a week before delivering them. It was considered too late. The judge didn't question his authority at all. The Petitioner said it wasn't legal.

 

First, don't use the sheriff to serve time-sensitive documents.  Second, I don't know to whom you're referring when you refer to "his authority."  Third, "[t]he [p]etitioner said [what] wasn't legal"?

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The "marital property" usually means that it was purchased during the marriage. That's why I called it marital property.

His authority (petitioner-my husband).

Petitioner said the subpoena wasn't legal. The judge never said anything.

How do I file an appeal for order to compel?

Is there a document needed to ask the judge questions?

Things purchased after the automatic temp. injunction: a car, $3500.00 for Christmas, $2800. at home depot, $2100 at best buy, etc.

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1 hour ago, Jan58 said:

How do I file an appeal for order to compel?

 

First of all, I don't practice in Colorado, and an Internet message board isn't a good place to get detailed "how to" instructions.  Second, a motion to compel is a motion you file in the trial court (which I believe is called "district court" in Colorado) to get the court to order a person to do something he/she should have done (e.g., to make required disclosures or provide proper discovery responses).  An appeal is something different -- it's a request to a higher court (in Colorado, you would appeal a district court's decision to the court of appeals that covers the part of the state where the district court is located) to review a lower court's decision.  Keep in mind that the sorts of things you have described are matters for which the trial court has a lot of discretion, and appellate courts will rarely overturn a trial court's decision on a discretionary matter.  An appeal is also not simply a "do over."  You have to find a legal error that the trial court has made.  In terms of likelihood of success, the overall rate of successful appeals is somewhere in the 10-15% range.  As mentioned, that number goes down significantly when you're dealing with a discretionary matter, and it also goes down significantly when the appellant is not represented by counsel.

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I received a copy of the transcripts from the permanent orders. I didn't say some of the things that are in the transcripts. I also had witnesses. They agree. There are also things that he said that are missing. What, if anything can I do?

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We received the transcripts. It's not at all like the actual hearing/trial.  My witnesses who have read it say the same thing.

I have found and am submitting the paperwork on the "review of magistrate ruling". 

 

                                    Thanks for all of your input.

                                    Very helpful!

Edited by Jan58
Added message

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Can a judge force an old woman to work? I spent the majority of my time raising children. Not much time working or adding to my skills by going to school. No retirement available for me yet.

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depends upon what you mean by force.  He cannot order you to work or send you to jail.  He can limit child support or spousal support to where you would need to work to supplement it to live.  That is not considered forcing someone to work, although that could be the natural consequences.  You really need to get yourself an attorney so that you are not steamrollered in this case.

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When I received a copy of the transcripts and read them there were quite a few discrepancies. I was told to contact the company who transcribes them. When I did the person who returned my call said when I asked her about the discrepancies said they may have shut off the microphone.

I then contacted someone else who suggested I do a Motion to request a correction of the transcripts. Pursuant to rule 10e. Is there another name for this?

They have to have been erased.

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16 minutes ago, Jan58 said:

Is there another name for this?

 

Why?  Do you not like "motion to request a correction of transcripts"?

 

Honestly, I don't know what "rule 10e" refers to.  There are a lot of sets of "rules" applicable in the Colorado courts.  Who suggested that you make this motion pursuant to this rule?

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2 hours ago, RetiredinVA said:

Letters cannot be presented as evidence in a court proceeding (except maybe small claims court).

 

Nonsense.  I have presented thousands of letters as evidence in (non-small claims) court proceedings.

 

 

2 hours ago, RetiredinVA said:

The people who wrote the letters have to testify and be subject to cross examination.

 

That's not true either.

 

What you probably meant to write is that a witness may not "testify" by way of a letter because such a letter likely would be inadmissible hearsay.

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I just received falsified documents from my husband to justify the low value of a vehicle. I submitted letters from several people stating that they were present when I received the letter and opened the letter. Would this not be admissible?

I am not sure what document to use to show that he made a purchase of an expensive tool so that I can finally have the magistrate say that these things should be part of the marital property.

I believe I may have more grounds for getting her removed from my case.

 

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On 8/5/2016 at 4:48 PM, RetiredinVA said:

 Under what principle would you imagine such letters would be admissible?

 

I don't imagine, and I don't guess about particular pieces of evidence that I haven't seen and don't have clear descriptions of.  My previous comments were directed to your prior general statements (e.g., "Letters cannot be presented as evidence in a court proceeding (except maybe small claims court).").

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