What evidence is allowed in family court?

[mmileto]

What is the name of your state? Colorado

Hello. I'm a noob with this - please forgive me.

I'm going through a divorce. I have never lived with my wfie. We had no joint accounts together and only 2 community/maritial assets aquired during the marriage.

Recently, I found out that the wife is seeing someone again whom she reported in the past as assaulting her. There were childeren involved.

My question is: What evidence am I allowed to present in court?

[Silverplum]

Originally Posted by mmileto

What is the name of your state? Colorado

Hello. I'm a noob with this - please forgive me.

I'm going through a divorce. I have never lived with my wfie. We had no joint accounts together and only 2 community/maritial assets aquired during the marriage.

Recently, I found out that the wife is seeing someone again whom she reported in the past as assaulting her. There were childeren involved.

My question is: What evidence am I allowed to present in court?

You're jumping the gun.

First question: DO you want to file for divorce?
Second q: What do you mean, "there were children involved." Were they also assaulted? Witness it? When?

Here's a starting point: [url]http://www.courts.state.co.us/chs/court/forms/selfhelpcenter.htm[/url]
Note the Rules and laws linked on the right.

[Zigner]

Does any of that matter?

EDIT: OP already said he's "going through" a divorce - I can only imagine it's his divorce

[Silverplum]

Originally Posted by Zigner

Does any of that matter?

EDIT: OP already said he's "going through" a divorce - I can only imagine it's his divorce

Duh. You're right!

Okay. So OP wants to divorce, IS divorcing -- and wants to know what? IF he can bring up infidelity?

I wonder what NOT EVER living together has to do with divorce? Wonder if he can annul instead?

[LdiJ]

Originally Posted by mmileto

What is the name of your state? Colorado

Hello. I'm a noob with this - please forgive me.

I'm going through a divorce. I have never lived with my wfie. We had no joint accounts together and only 2 community/maritial assets aquired during the marriage.

Recently, I found out that the wife is seeing someone again whom she reported in the past as assaulting her. There were childeren involved.

My question is: What evidence am I allowed to present in court?

Unless CO is not a not fault state (and I believe that it is a no fault state) adultery doesn't matter in a divorce. If you have child(ren) together then the issue of the ex being violent might matter.

[Silverplum]

Huh. At least I took the time to, ya know, look stuff up instead of making stuff up.

[url]http://www.colorado-family-law.com/colorado-annulment.htm[/url]
All the annulment forms are online, also. IF you want to go that route.

[seniorjudge]

Originally Posted by Silverplum

Huh. At least I took the time to, ya know, look stuff up instead of making stuff up.

[url]http://www.colorado-family-law.com/colorado-annulment.htm[/url]
All the annulment forms are online, also. IF you want to go that route.

Let me be so bold as to respectfully inquire where you saw anything in our poster's posts that would lead you to believe...

Crap.

I can't be this formal with you, SP.

So...why the **** did you think that?

[Silverplum]

Originally Posted by seniorjudge

Let me be so bold as to respectfully inquire where you saw anything in our poster's posts that would lead you to believe...

Crap.

I can't be this formal with you, SP.

So...why the **** did you think that?

Think what? That he was not divorcing yet? Reading too fast. Skimmin'.

Or that he could annul? The part where he wrote they've never lived together.

[mmileto]

Originally Posted by LdiJ

Unless CO is not a not fault state (and I believe that it is a no fault state) adultery doesn't matter in a divorce. If you have child(ren) together then the issue of the ex being violent might matter.

Right CO is a no-fault state. The course I want to pursue is exactly what you stated in your quote - "If you have child(ren) together then the issue of the ex being violent might matter."

The wife returned to an ex that she accused of assaulting her. Her children, including my daughter were named in the report as part of the assault.

She has 4 kids from 4 different dads - ouch! I know!

She also had another daugther taken away from in a case in basically what amounted to child abandonment. She has numerous domestic violence charges on her record. And, her family members are telling me that at one time she was diagnosed with bi-polar disorder. She's had DHS contact her multiple times. I've seen her abuse her oldest daugther - 12yrs.

I often wondered about having the marriage annuled. We never lived together. We maintained everything separate. Basically, I found out some things about her past, like her criminal history and parenting history that I wasn't aware of. But legal advice I have received thus far discourages this with no clear reason.

Sorry for being a noob...any help is graciuosly appreciated.

[Silverplum]

I apologize for reading too quickly and messin' up my first response.

Originally Posted by mmileto

Right CO is a no-fault state. The course I want to pursue is exactly what you stated in your quote - "If you have child(ren) together then the issue of the ex being violent might matter."

The wife returned to an ex that she accused of assaulting her. Her children, including my daughter were named in the report as part of the assault.

She has 4 kids from 4 different dads - ouch! I know!

She also had another daugther taken away from in a case in basically what amounted to child abandonment. She has numerous domestic violence charges on her record. And, her family members are telling me that at one time she was diagnosed with bi-polar disorder. She's had DHS contact her multiple times. I've seen her abuse her oldest daugther - 12yrs.

I often wondered about having the marriage annuled. We never lived together. We maintained everything separate. Basically, I found out some things about her past, like her criminal history and parenting history that I wasn't aware of. But legal advice I have received thus far discourages this with no clear reason.

Sorry for being a noob...any help is graciuosly appreciated.

Everyone's new sometime. It's not a fault.

You can check the annulment info I posted. It's a long way around what a no-fault divorce can simply solve. That's likely why you've been discouraged from trying it.

Was the X CONVICTED of assault? What happened??

[mmileto]

Originally Posted by Silverplum

I apologize for reading too quickly and messin' up my first response.


Everyone's new sometime. It's not a fault.

You can check the annulment info I posted. It's a long way around what a no-fault divorce can simply solve. That's likely why you've been discouraged from trying it.

Was the X CONVICTED of assault? What happened??

I know of 2 cases where the X was convicted of assault. I'm in the process of getting the detailed case reports on those. The 3rd cased, the one I mentioned above, involves the X as a victim of domestic violence. She accussed the boyfriend of assaulting her while she was holding my child and with her other children present. She later spread rumors about this person claiming that he molested one of her children.

This is a mess! My stragedy was not to try and prove her unfit but to raise reasonable suspicions in the courts' eyes that question her violent tendencies, and her decision-making errors that involve the children.

Thanks.

[fairisfair]

Originally Posted by mmileto

I know of 2 cases where the X was convicted of assault. I'm in the process of getting the detailed case reports on those. The 3rd cased, the one I mentioned above, involves the X as a victim of domestic violence. She accussed the boyfriend of assaulting her while she was holding my child and with her other children present. She later spread rumors about this person claiming that he molested one of her children.

This is a mess! My stragedy was not to try and prove her unfit but to raise reasonable suspicions in the courts' eyes that question her violent tendencies, and her decision-making errors that involve the children.

Thanks.

so much for the annulment. . . . I think. . . .

[LdiJ]

Originally Posted by fairisfair

so much for the annulment. . . . I think. . . .

Yeah...I agree...generally once there is a child an annulment is not a realistic option.

[mistoffolees]

Originally Posted by LdiJ

Yeah...I agree...generally once there is a child an annulment is not a realistic option.

I guess you could argue for a virgin birth, but I kind of doubt if it's going to work unless the kid is curing the blind or something.

[Silverplum]

Wonder if the child was born during the marriage, or outside of the marriage? Would it make a diff??

SJ? OG? Bueller?