Gypsum, CO Divorce Law Firms & Lawyers

Do you mean that you both want a divorce when you say "mutual agreement in divorce" or that you agree on parts of the divorce itself? Maintenance depends on how much property you receive in the divorce, your reasonable needs (i.e., how much cash do you need to live on each month), length of marriage, lifestyle during marriage and other factors. It's hard to say how long or how much. Often we see 1/3 to 1/2 the length of the marriage, but it can be longer in long marriages. The amount will depend on the above factors, but I might expect a court to order anywhere from $2,000 to $4,500 per month. You really should hire a lawyer here since so much money is at stake. You can ask that the court order him to pay your attorney fees since he makes so much more than you. You also can ask for temporary maintenance if you need are having trouble meeting your needs now. I offer a free initial consultation if you want to discuss further.  You can reach Dave Rich at (303) 886-2516 or dave@flatironlegal.com. Dave Rich is an attorney licensed in Colorado. Answering your questions does not create an attorney-client relationship between us. You should speak with an attorney to whom you have provided all the facts in your case, before you take steps that may impact your legal rights. I am not obligated to answer subsequent emails or phone calls unless you have hired me. I wish you the best of luck with your situation.  

Any request to remove your name as a joint obligor on the loan must be directed to the lender (i.e., your Bank/Mortgage Company). Even if he wanted to, he has no power to change the terms of the loan agreement and to remove you from the loan. Moreover, lenders are very, very reluctant to release parties from a loan obligation. Your only viable recourse is to seek a court order requiring the husband to make application to refinance the property and get a new loan in his name alone - or else to sell the property if he is unable to qualify for a refinance. If he will not agree to do this, you will have to try to convince the judge to order this at your trial.

Simple answer is that the law of the place where the divorce occurs is what controls. Place of marriage is totally irrelevant to anything. Generally, the only place where a divorce can occur will be place where they are living at time somebody decides to pursue a divorce. If they separate and move to different states or countries, the question of what law controls the divorce may become complicated and can't be answered until it is a real question - not hypothetical.