Aurora Marital Property and Divorce Attorney
Dividing Marital Property In Your Aurora Divorce
You’re considering filing for divorce, or maybe you’ve just been served with papers. In either situation, it’s quite common for people to start thinking about what they’ll be left with when the case is done. In many cases, the marriage has lasted for years, over which an extensive array of marital assets has accumulated. Retirement accounts, investments, real estate, vehicles, and even furnishings obtained during the course of the marriage are going to be considered marital property. Hiring an attorney experienced in Aurora marital property and divorce cases can help ensure you’re treated fairly when the time comes to divide the marital estate. At Plog & Stein, P.C., our family law attorneys have worked diligently, for decades, helping clients secure the property settlements they deserve in their divorce cases. Let us put our 70-plus years of combined family law experience to work for you.
Knowledge is power.
Understand your rights related to marital property and your divorce. Contact us online, or call us at 303-781-0322.
Understanding Your Property Rights in a Divorce
During your first meeting with one of the divorce attorneys at Plog & Stein, P.C., we will thoroughly assess your marital estate, with the goal of determining what property there is to be divided and how best to effectuate that division. There are many different types of property and different methods for both valuing and dividing that property. C.R.S. 14-10-113 sets for the definitions of what is, and is not, marital property. It also requires judges to divide the marital estate as they believe to be “equitable,” or fair. Though equal division of property is the norm, equal division is not mandated by law.
Not all property a spouse has is marital. While property you owned before the marriage is separate, any increase in value to that property during the marriage is “marital” and subject to division. Additionally, contrary to common belief, how property is titled may not matter. Furthermore, courts recognize that in many families, one spouse may work while the other stays home to take care of the children. Though contribution to the accumulation of assets is a legitimate factor for a court to look at, courts are not going to divest one spouse of his or her share in the property because they were a homemaker.
The first step in any case is determining the value of the particular assets. Some values are easily identified, such as the balance in a bank or stock account. Other valuations are more complex, such as valuing the marital home, a business, or a pension plan. Sometimes experts are needed, and even then people may still disagree. Valuation of property can be complex. Rules regarding expert disclosures can add another layer of complexity. Each attorney at Plog & Stein, P.C. is skilled at determining how best to value and divide your property in a manner that makes sense for you. We are also adept and making sure the valuations and evidence prepared are admissible in court should your matter proceed to trial.
Determining how to actually allocate or divide assets is the next step in the process. Oftentimes, a family has multiple assets and the division of the marital property can be done via an allocation by which each party keeps certain assets, with the values likely being equal. Dividing each specific asset is not required and will often be impractical. Conversely, actually dividing some assets may be necessary. Dividing certain retirement accounts requires adhering to legal procedures so as to prevent income tax consequences from arising. When dealing with real estate, such as the family home, it may be necessary for one party to refinance and pull out equity to pay their spouse. Given the differing assets each family may have, obtaining detailed orders that make sense matters.
When negotiating or litigating resolution of your case, our primary goal is to make sure you end up with orders that make sense for you. Your wishes and concerns matter. Likewise, obtaining detailed orders setting forth how and when each particular asset will be divided is a must.
Having a Denver divorce lawyer on your side increases the changes that your interests are protected, both during and after the divorce process. In some cases, issues can arise after the divorce is done related to transfers of property and one spouse refusing to follow the court orders. In those instances, we are ready to help enforce your orders regarding marital property. In other cases, one side may try to hide or conceal certain property. In those instances, we can employ methods for determining whether there are undisclosed assets. In extreme cases, a forensic accountant may be needed to trash the flow of funds. Fortunately, C.R.C.P. 16.2 gives the court jurisdiction over undisclosed assets for 5 years from when the divorce is done.
Whatever your situation, we can provide the legal help you need to determine, value, and divide your marital estate. As property orders are generally not modifiable, it’s vital to get things right the first time. Whether dealing with simple assets, such as a house, or something more complex, such as a business or deferred compensation plan, we will be their to protect your interests and financial future.
Discuss Your Marital Property Concerns With a Divorce Lawyer in the Aurora Area
For nearly two decades the family lawyers at Plog & Stein, P.C. has represented hundreds of Aurora divorce clients dealing with the division of their marital property. With a keen eye for detail, we understand the importance of dividing your assets with both clarity and fairness. Divorce is stressful enough. Let us alleviate some of that stress by providing you with the experienced legal representation you deserve. At Plog & Stein, P.C. our only goal is the best possible outcome for you, the client.
With multiple locations, we handle all types of family law cases in Arapahoe, Adams, Douglas, Denver, and all metro area counties. Call us at 303-781-0322, to speak with an attorney for free, or contact us online to schedule your initial appointment.