Divorce Advice

I agree that you should get an attorney to help you. Once you have filed a Petition for Divorce, you can file a Motion for Temporary Orders to get legal temporary possession of your home, your car, temporary custody orders for your kids, and child support and/or alimony.

Regardless of whose names your vehicles are in, they are likely marital property, owned by both of you, and the court can order him to return one to you.

Well fist off is the car in your name, jointly, or in his name alone? I would think the only legal way he could take it would be if it was soley in his name. If your name is on it I would be on the phone with the police in an instant. In fact you might call them anyways, since he is leaving you with no transportation for the children. I would retain a lawyer as soon as possible, they will be a huge source of help and comfort. When my ex and I separated I had to get my vehicle transferred into my name and take over payments. Good luck to you and your children

K.

K.

I absolutely recommend not doing this without a lawyer! You may think you're saving money, but if he gets a lawyer and you don't have one, it can go very badly for you in court. All property is joint property until you get a temporary order from the court at the very least. This also goes for the children, and if he takes them anywhere, he doesn't have to bring them back because no custody order (temporary or permanent) has been awarded by the court. I recommend you retain a lawyer first thing on Monday. Pawn things if you need to get the money for a retainer, but do it as early as possible.

If the title, loan or any other paperwork is in both you and your husbands name I believe you have just as much right to that car as he does. If you were the primary diver of that car, then it is yours. It sounds like you husband is just trying to be a bully. Be strong and if you need to talk or anything at all feel free to contact me with a private message. I would be happy to talk!

R.~
If the car is in your name, I would call the police and report it stolen. If it's in both of your names, I would say you need an attorney.

If you can't afford an attorney, my husband's company offers pre-paid legal for $25 a month. You can talk to an attorney for verbal advise as much as you want. I've used the service and it has saved me thousands. I also went thru a divorce and my ex-husband like to buck up on issues once in a while. It's nice to have the piece of mind that I can call an attorney at any time to see what my legal rights are.

Divorce is a hard and scary thing. Be strong and get a good support group. Try to find divorced women that are positive you can talk to. There are a lot of bitte people out there who will try to bring you down because they are negative. Try to find people that are strong and have experienced the same thing. They will life you up in time of need.

If you ever need a friend to talk to, feel free to send me a private message. I'm more than willing to listen!

Good luck

I work for the Courts and there is a self-help center there that can assist you in what types of paperwork to file. I have also attached the website here for the forms that you will be needing. There is also a Family Court Facilitator by the name of Mike Vigil that is available for walk-in on Mon-Thur from 1-4pm. He cannot help you fill out the forms - but he can certainly give you info on how to get started. The only way to get a Court order is to open a case and request temp orders - or an emergeny order for the return of the car. And yes - it's also always a really great idea to get legal advise. If you are not working or are indigent (make under a certain amount of money) then you can obtain assistance from Colorado Legal Services (for free) and their number is ###-###-####. Here is that website:

http://www.courts.state.co.us/chs/court/forms/domestic/wi...

Good luck and let me know if you have any questions! N.