Lyons, CO Divorce Law Firms & Lawyers

Typically, a settlement in a divorce (separation agreement) cannot be reopened after 5 years by statute.  However, where your claim is based on mental illness, the contract may be voidable depending on the circumstances.  Alternatively, you could consider attempting to modify certain provisions of a separation agreement based on current, changed circumstances.  You should consult an attorney to discuss your options.

If you would like a free consultation, please give my office a call, and I would be happy to speak with you. I can not give out legal advice, without knowing who I am giving to, without risking a conflict of interest. Direct contact eliminates this issue. Here is some "Legal Information? (not advice) that may be helpful. 1) An important question is how did the two of you separate? Have you been leading totally separate financial lives for the last 10 years, except for the payments that you have been making? 2) One of the processes that happens in a divorce is that the parties have to exchange financial information. Her financial picture will effect the outcome. In a divorce, all marital property is divided. You really can?t take one piece of the division and assess fairness, without looking at the entire proposed settlement. 3) 95% of divorce cases end in settlement. Unless one of you is totally unreasonable, you should be able to reach a ?fair? resolution. 4) The important objective is to develop a settlement that is fair to BOTH of you. Reading your message, I?m not understanding the fairness of you giving her 73% of your monthly pension check. I would also want to understand her position on why 50/50 division of the pension is fair. 5) Neither of those questions can be fully answered without looking at your and her full financial picture(s) - i.e. what are your assets and debts; same for her; and what is her income. Also relevant, as stated above would be the ten years financial separation.

Colorado doesn't have any "fault" grounds for divorce, so abandonment is irrelevant. All that is required under Colorado no-fault divorce is for one of the parties to say that the marriage is "irretrievably broken". If you have been a legal resident of Colorado for more than 90 days you can file for divorce in Colorado and accomplish service by publication in Colorado. Service by publication only permits the court to grant the divorce and deal with any property located in Colorado. Since you say there are no children and no property, that won't make a difference to you.