Divorce is rarely straightforward, but sometimes the biggest hurdle isn’t dividing property or parenting time, but a spouse who refuses to sign. If you’re worried that your spouse won’t sign divorce papers, you’re in luck, because in Colorado, one person cannot stop the process by simply refusing. A divorce can still move forward, though the path may be more complicated.

At Plog & Stein, P.C., we offer experienced guidance to ensure your rights aren’t sidelined when delays or resistance threaten your future. Our divorce attorneys in Denver have over 50 years of combined family law experience and know how to keep cases on track even when the other side digs in their heels.

Table of Contents

1. What If One Party Refuses to Sign Divorce Papers?
2. Common Reasons a Spouse Won’t Sign Divorce Papers
3. Can You Get a Divorce Even If Your Spouse Won’t Sign?
4. What Should I Do If My Spouse Won’t Sign?
5. Why Legal Representation Matters
6. What If My Spouse Refuses to Sign Divorce Papers? The Emotional and Practical Impact
7. Plog & Stein, P.C.: Guiding Clients When Spouses Refuse to Sign

What If One Party Refuses to Sign Divorce Papers?

Colorado follows a no-fault divorce system. That means you do not have to prove misconduct. You only need to show that the marriage is “irretrievably broken.” If one spouse contests this or refuses to sign, the court can still grant the divorce after hearing evidence.

When one party refuses to sign divorce papers, the court can proceed without their agreement. The refusal may slow the timeline, but it does not prevent the divorce from being finalized.

Common Reasons a Spouse Won’t Sign Divorce Papers

When a spouse won’t sign divorce papers, it helps to understand why they are resisting. Reasons often include:

• Fear of financial loss or reduced lifestyle,
• Emotional difficulty in accepting the end of the marriage,
• Disputes about parenting time or child support,
• Attempts to delay proceedings for strategic or personal reasons, and
• Misunderstanding of the legal process.

Refusal often comes from fear or control, not legal strength. Knowing that helps you and your attorney develop a clear plan for moving forward.

Can You Get a Divorce Even If Your Spouse Won’t Sign?

The short answer is, yes. Colorado law ensures you can get a divorce even if your spouse won’t sign. Once you file and properly serve the papers, your spouse has 21 days (if in Colorado) or 35 days (if out of state) to respond. If they fail to respond, you can request a default judgment.

The court will hold hearings if they respond but refuse to sign settlement agreements. Based on statutory guidelines, a judge will decide property division, parental responsibilities, and support. Either way, your spouse cannot block the end of the marriage indefinitely.

What Should I Do If My Spouse Won’t Sign?

Although facing resistance is frustrating, you are not powerless. What you do if your spouse won’t sign divorce papers depends on whether they simply refuse to participate or actively contest issues.

Possible steps include:

• Requesting a default judgment if they fail to respond;
• Scheduling hearings to resolve contested matters;
• Mediation to narrow disputes and avoid trial;
• Temporary orders hearings to establish support or parenting time while the case moves forward; and
• Preparing evidence to demonstrate your position on finances, property, and parenting.

Each option requires careful legal strategy. Having seasoned representation helps ensure you meet deadlines and don’t miss opportunities. Without that, a stubborn spouse could create unnecessary stress and expense.

Why Legal Representation Matters

When trying to understand whether you can get a divorce even if your spouse won’t sign, the real issue is not whether the case can proceed, but how smoothly and effectively it does. Skilled attorneys can:

• Anticipate delay tactics and file timely motions,
• Use negotiation or mediation to limit courtroom battles,
• Develop strong evidence on financial and parenting issues,
• Protect you from procedural mistakes that could cost time or money, and
• Keep the case moving forward toward resolution.

At Plog & Stein, P.C., our team has decades of combined experience handling divorces just like this. We know the courts, the procedures, and the strategies that keep momentum on your side.

What If My Spouse Refuses to Sign Divorce Papers? The Emotional and Practical Impact

Beyond legal rules, the reality is stressful. Having your spouse refuse to sign can feel like being trapped in limbo. Property remains undivided. Parenting arrangements stay uncertain. Your financial planning stalls. The waiting takes a toll, and the lack of closure can feel heavier than the divorce itself. Friends may tell you to be patient, but patience doesn’t pay bills or create stability for children.

Colorado courts provide a way forward regardless of your spouse’s cooperation. With the right representation, you can move from conflict to resolution and begin building your new life, free from the weight of someone else’s refusal.

Plog & Stein, P.C.: Guiding Clients When Spouses Refuse to Sign

At Plog & Stein, P.C., we know divorce is about untangling lives, protecting what matters most, and creating a stable path forward. Our Denver family law attorneys bring over 50 years of combined experience to every case.

From contested property division to complex parenting disputes, we’ve built a reputation for balancing sharp legal strategy with genuine care for our clients’ well-being. That mix of skill and compassion helps families move through conflict with confidence.

Clients benefit from:

• AVVO “Excellent” and Justia “10” lawyer ratings,
• BBB A+ accreditation,
• Competitive retainers and efficient strategies designed to control costs, and
• Unbundled legal services for clients who need targeted help.

We focus exclusively on family law, which means we’ve seen nearly every form of resistance a spouse can mount. We are known for innovative, cost-effective advocacy that balances courtroom strength with practical solutions.

If you need answers that lead to results, trust Plog & Stein, P.C. to guide you forward. Contact our Cherry Creek office today to learn how our experience, strategy, and commitment can help you close one chapter and begin the next.

Courts decide custody, legally called “allocation of parental responsibilities,” by looking at the child’s best interests, regardless of gender, sexual orientation, or marriage structure. In short, the law protects same-sex custody rights. However, proving those rights depends on each parent’s relationship with the child.

At Plog & Stein, P.C., our family law attorneys bring more than 50 years of combined experience navigating difficult custody cases, including those involving same-sex parents. Located in Cherry Creek, we know how Colorado courts view parental rights in same-sex divorce and can help you protect your role in your child’s life while ensuring legal strategies reflect your family’s unique needs.

Table of Contents

1. Understanding Same-Sex Marriage and Child Custody
2. Same-Sex Divorce and Child Custody Complications
3. Factors Courts Consider in Same-Sex Custody Rights
4. Common Misconceptions About Parental Rights in Same-Sex Divorce
5. Protecting Same-Sex Child Custody Rights in Colorado
6. How Plog & Stein, P.C. Can Help
7. Safeguard Your Future as a Parent

Understanding Same-Sex Marriage and Child Custody

When the U.S. Supreme Court issued its landmark ruling in Obergefell v. Hodges, 576 U.S. 644 (2015), same-sex couples won nationwide recognition of marriage equality. In Colorado, that decision also meant equal access to divorce courts, including the right to seek custody orders.

Today, same-sex marriage and child custody cases follow the same statutory framework that governs all divorces involving children. Under state law, courts can allocate parental responsibilities based on:

• Parenting time (physical custody)—who the child lives with and how schedules are divided;
• Decision-making authority (legal custody)—who has the power to make major choices about education, medical care, and religion; and
• Child support obligations—how the parents share financial responsibilities.

Courts no longer presume one parent has greater rights based on biological ties alone. Instead, the child’s stability, emotional well-being, and existing attachments drive the outcome.

Same-Sex Divorce and Child Custody Complications

Even though the law treats all parents equally, same-sex divorce and child custody cases often carry unique challenges, including:

• Biological vs. non-biological parent status. One parent may be the biological mother or father, while the other may not have a direct genetic link.
• Adoption or lack thereof. If a non-biological parent never completed formal adoption, their custody claim may require additional legal arguments.
• Donor or surrogacy arrangements. Assisted reproduction technologies complicate questions of intent, parentage, and recognition.
• Second-parent rights. Colorado courts could recognize a person as a “psychological parent” if they established a strong, consistent parental role in the child’s life.

Because these cases test the limits of same-sex child custody rights, having experienced counsel can make the difference between preserving parental bonds and losing access to a child.

Factors Courts Consider in Same-Sex Custody Rights

Colorado judges use the “best interests of the child” standard when determining custody rights. The statute lists several key factors, including:

• The child’s wishes, depending on age and maturity;
• Each parent’s ability to encourage frequent contact with the other parent;
• Past involvement, including caregiving, schooling, and healthcare;
• Emotional bonds between the child and each parent;
• Stability of the home environment; and
• Any history of abuse, neglect, or substance issues.

Although these factors apply uniformly, courts may scrutinize a non-biological parent more closely when there is a dispute over their legal parentage. That’s why same-sex parents often benefit from legal strategies that document caregiving history, financial contributions, and emotional involvement.

Common Misconceptions About Parental Rights in Same-Sex Divorce

Families navigating parental rights often encounter myths that create unnecessary anxiety. Some of the most common include:

• Only the biological parent has rights. In actuality, Colorado law allows recognition of psychological parents and adoptive parents.
• Courts favor mothers. Modern custody law focuses on the child’s best interests, not gender.
• Shared custody means equal time. Custody can be shared even if one parent has more overnight parenting time.
• If I weren’t on the birth certificate, I’d have no chance. Courts may still recognize your role if you acted as a parent from the beginning.

Clearing up these misconceptions helps parents approach custody disputes with realistic expectations and stronger preparation.

Protecting Same-Sex Child Custody Rights in Colorado

For concerned parents, preparation is key. Strengthening your case often requires building evidence that demonstrates your role in your child’s life. Important steps may include:

• Documenting caregiving history. Keep records of school pickups, medical appointments, and extracurricular involvement.
• Highlighting financial contributions. Maintain proof of child-related expenses you’ve paid.
• Gathering witness statements. Teachers, relatives, or family friends can attest to your involvement.
• Securing legal recognition. Adoption, parentage determinations, or voluntary acknowledgments of paternity or maternity can help solidify legal standing.

Judges look for consistency, stability, and genuine commitment. By combining personal evidence with legal recognition, parents can create a compelling case that reinforces their custody or parenting time claim.

How Plog & Stein, P.C. Can Help

At Plog & Stein, P.C., we have dedicated our practice exclusively to family law since 1999. Clients who work with us benefit from:

• Skilled representation both in and out of the courtroom;
• Competitive retainer rates and cost-effective services;
• Legal strategies tailored to reflect your unique goals; and
• Unbundled services, including drafting, document review, and advice sessions.

Whether your concern is protecting your parental rights, defending against unfair claims, or navigating complex adoption and parentage laws, our firm is prepared to advocate with precision and resolve.

Safeguard Your Future as a Parent

Custody in same-sex divorces doesn’t follow a single script. Courts focus on the child’s best interests, weighing emotional bonds, caregiving history, and stability over labels. Still, proving your role, especially if you lack biological or adoptive ties, requires a clear legal strategy. That’s why parents facing same-sex custody rights issues turn to experienced attorneys who know how to handle these delicate disputes.

Plog & Stein, P.C. offers the depth of knowledge and practical approach Denver families need. With decades of combined experience, a reputation for efficient, strategic representation, and a relentless commitment to clients, our firm stands ready to help you protect what matters most, your relationship with your child. Contact us today for a consultation.

In these situations, the court may grant exclusive possession of the marital home. Such an arrangement allows one spouse to stay in the residence while the other moves out. Understanding when this option is available and how it works can help you make decisions that protect your comfort, safety, and family stability.

If you have questions about possession of your marital home or, would like to speak with a Denver divorce attorney, please contact us today.

Table of Contents

Table of Contents

1. What Does Exclusive Possession of the Marital Residence Mean?
2. When Can Exclusive Possession of Property Be Granted?
3. Exclusive Use and Possession of Marital Home vs. Property Division
4. How to Get Exclusive Possession of the House During Divorce
5. How Plog & Stein Can Help You Navigate Living Arrangements During Your Divorce

What Does Exclusive Possession of the Marital Residence Mean?

In Colorado, both spouses generally have the right to stay in the marital home while a divorce is pending. That access only changes if the court issues a temporary order or injunction granting one spouse exclusive possession.

Exclusive possession of the marital residence means that one spouse has the legal right to remain in the marital home while the other must move out. It doesn’t change who owns the house or how the property will ultimately be divided in the divorce. Instead, it is a temporary arrangement that focuses on stability and fairness until there is a final property division order.

Sometimes, spouses agree on their own about who will move out and who will stay in the home. The court usually accepts the arrangement if it is fair and does not harm the children’s best interests.

If the parties cannot agree, the court determines living arrangements based on what is reasonable and necessary for the parties and any children involved. Exclusive possession may be necessary to protect someone’s safety, reduce conflict in the home, or provide children with consistency during the divorce process.

When Can Exclusive Possession of Property Be Granted?

Exclusive possession of property during a divorce is not granted automatically. Judges will look at the circumstances of each case to decide if one spouse should stay in the home while the other leaves. Some of the most common reasons for granting exclusive possession include:

• Safety concerns. If there is a history of domestic violence or a credible fear for one spouse’s or the children’s safety, the court may order the other spouse to leave the home.
• Best interests of the children. Courts focus on what arrangement will best support the children’s well-being, including allowing them to stay in the family home to preserve stability and routine.
• Practical or financial considerations. If one spouse cannot afford another place to live, or if it is more practical for one person to stay in the home, the court may grant exclusive possession.
• Protection of property value. Courts may allow one spouse to stay in the home to maintain it, prevent damage, or safeguard equity if the other spouse is not likely to do so.
• Reduction of conflict. If constant disputes make living together unbearable, judges may find it best for one spouse to move out to minimize ongoing conflict.
• Continuity during divorce proceedings. In some cases, the court may determine that keeping one spouse in the home until the divorce is finalized provides the most stability for everyone involved.

These considerations aim to protect family stability during a challenging time. Every case is unique, and a judge will weigh these factors carefully before making a decision.

Exclusive Use and Possession of Marital Home vs. Property Division

Exclusive possession is a temporary solution, intended only to address immediate living arrangements. It does not determine who will ultimately receive the house after the divorce. At the end of the case, the court will divide marital property according to Colorado’s equitable distribution laws. This means the court’s goal is to reach a fair, not necessarily equal, division of marital assets.

Even if you get exclusive use and possession of the marital home during the divorce, you may still have to sell or refinance the home to buy out your spouse’s interest once the case ends.

How to Get Exclusive Possession of the House During Divorce

Here are a few points on obtaining exclusive possession of the house and property in a Colorado divorce:

• File a motion with the court. The motion is a formal request asking the judge to grant you temporary exclusive possession of the residence.
• Provide supporting evidence. Courts may consider financial documents, proof of unsafe behavior, or details about the children’s best interests when deciding.
• Attend a temporary orders hearing. Many requests for exclusive possession are addressed at this stage, where each side can present its case.
• Seek an emergency order if necessary. In urgent situations, such as domestic violence or immediate safety concerns, the court may issue an emergency order to remove the other spouse from the home.

Taking these steps can help the court understand your situation and give you the stability you need while your divorce progresses. An experienced family law attorney can help you navigate this process.

How Plog & Stein Can Help You Navigate Living Arrangements During Your Divorce

If you are facing a divorce and need clarity on your living arrangements, understanding your options for exclusive possession of the marital home is crucial. The Denver marital property lawyers at Plog & Stein can evaluate your circumstances, explain your rights under Colorado law, and fight for the outcome that best protects your interests.

At Plog & Stein, P.C., we know how complicated these issues can be. With over 50 years of combined family law experience, our attorneys have helped countless clients navigate property division, custody disputes, and questions of exclusive possession. We approach each case with careful preparation.

We also understand the emotional weight of these decisions. Working with an attorney can help you emerge from the divorce process with a solid foundation for your future and your family’s stability. Our team is here to guide you through the process with clear strategies and practical advice.

Contact us today to discuss your case and learn how we can help you through this important step in your divorce.

Whether you’re reevaluating priorities, managing empty-nest realities, or simply growing apart, this guide details the financial stakes and provides tips on protecting your assets.

What Is a Gray Divorce?

The term “gray divorce” refers to a separation or dissolution of marriage involving spouses over 50 years of age. These couples have often been together for decades and may be approaching retirement or already retired. According to Purdue University, while national divorce rates have declined overall, the rate of divorce after 50 has more than doubled since the 1990s.

Common triggers include changes in lifestyle, financial independence, grown children leaving the home, or evolving personal goals. However, divorcing later in life is unique in its economic complexity, particularly regarding pensions, retirement accounts, and Social Security benefits.

Why Is Gray Divorce on the Rise?

Several social and financial trends contribute to this late-in-life split, including:

• Longer life expectancies,
• Reduced social stigma around divorce,
• Greater financial independence for women, and
• People reassess personal fulfillment and happiness in retirement.

As these factors shift, more couples reevaluate their future, even if it means dividing long-held assets.

Divorce After 50 Years of Marriage: Pros and Cons

While every situation is different, there are some common themes to consider when evaluating the pros and cons of divorcing after 50 years of marriage.

Some benefits of grey divorce include:

• Increased personal freedom and independence,
• The ability to restructure your retirement goals around your needs, and
• Relief from long-standing marital stress or emotional strain.

On the other hand, divorcing after decades of marriage carries the following challenges:

• Reduced income and possibly a smaller retirement fund,
• Emotional or relational shifts with adult children, and
• Complicated decisions about property and long-term care.

Assessing short-term and long-term benefits and consequences can help you decide whether divorce is the right path or if another option might make sense.

Financial Risks of a Retirement Age Divorce

Ending a long-term marriage introduces specific challenges, especially when retirement is near or underway. These risks don’t just affect your future. They can reshape your present.

Here are some common gray divorce issues to watch for:

• Division of retirement assets. Pensions, IRAs, 401(k)s, and annuities may be subject to Colorado’s equitable division law. Courts look to divide marital assets fairly, but not always equally.
• Loss of shared benefits. Spouses may lose access to employer-sponsored health insurance or other shared resources, increasing personal expenses.
• Reduction in retirement readiness. You may need to delay retirement, return to work, or revise financial plans to reflect the new realities of your situation.
• Social Security complexities. You may be eligible to claim spousal benefits based on your ex-spouse’s work record if the marriage lasted 10 years or more and you remain unmarried.

These financial implications can be significant and require careful attention during settlement negotiations.

Alternatives to Gray Divorce

For some, ending the marriage may not be the only option. Several alternatives to gray divorce may be worth exploring, such as:

• Legal separation allows one to live independently and preserve access to certain benefits while remaining legally married;
• Postnuptial agreements establish financial boundaries without ending the marriage; and
• Therapy or mediation helps clarify goals and reduce conflict, whether you choose to stay or separate.

While not for everyone, these options can serve as strategic steps or long-term solutions.

How to Protect Your Assets During Divorce After 50

Asset protection becomes a critical priority if you proceed with an elderly divorce for financial reasons. These steps can help you protect what you’ve built:

• Start by getting a clear picture of your financial landscape. Documentation helps you and the court understand what’s at stake.
• List all retirement accounts and pensions. Identify account values and whether they are premarital or marital.
• Review Social Security options. Evaluate whether you qualify for spousal or survivor benefits.
• Create a post-divorce budget. Anticipate changes in income, healthcare costs, and housing.
• Assess tax implications. Consider how alimony, withdrawals, or asset divisions affect your tax status.
• Consult financial professionals. Work with a divorce-focused financial advisor or accountant when possible.

Early planning allows for smoother negotiations and fewer post-divorce adjustments.

Trust Plog & Stein, P.C. for Your Complex Divorce Matters

At Plog & Stein, P.C., our attorneys bring over 50 years of combined family law experience, handling complex financial and retirement-related divorce issues with precision and discretion. We represent clients across Colorado who need strategic, level-headed representation during significant life transitions.

We deliver tailored services based on your needs, from full representation to one-time strategy sessions. Whether you’re going through a divorce, modifying an existing support order, or seeking financial clarity before taking action, we provide straightforward advice backed by decades of legal experience.

Let’s Talk About What Comes Next

Divorcing after 50 is not just a legal matter. It’s a financial and personal turning point. Contact us today, and we’ll help you evaluate your options, protect your interests, and plan for what’s ahead with clarity and certainty.

Frequently Asked Questions

Can I Keep My Pension If I Divorce After 50?

Colorado courts treat pensions earned during the marriage as marital property if earned during the marriage. You may need a QDRO to divide it appropriately.

Will I Lose My Social Security Benefits If I Get Divorced?

If you were married for at least 10 years, you may still be eligible for spousal or survivor benefits based on your ex-spouse’s record, depending on your age and marital status.

Is Gray Divorce More Common Among Women or Men?

Recent studies show that women are initiating more gray divorces, often due to financial independence, personal growth, or long-term dissatisfaction.

What Is a Prenup and Why Does It Matter?

A prenuptial agreement, commonly known as a “prenup,” is a legal contract signed before marriage that specifies how to manage assets and debts should the marriage end.

Colorado recognizes these agreements under the Uniform Premarital and Marital Agreements Act (UPMAA). Prenups can address property division, debt allocation, and spousal maintenance. However, they cannot address child custody or support.

A prenup becomes effective upon marriage and typically comes into focus when one or both spouses file for divorce. That’s when enforcement or challenge becomes a central legal issue.

If you are facing a divorce, you don’t have to navigate it alone. The Denver divorce attorneys at Plog & Stein are ready to stand by your side and help you through this difficult time. Contact Us

Does a Prenup Hold Up in Court?

Whether or not a prenup is enforceable depends on its drafting and whether both parties followed legal formalities. State courts will generally uphold a prenup if:

• It was entered into voluntarily,
• Both parties had access to full financial disclosures,
• The agreement was not unconscionable at the time of signing, and
• Both parties had the opportunity to consult legal counsel.

However, the burden of proof falls on the party challenging the agreement.

Can a Judge Throw Out a Prenup?

A judge can throw out a prenup if they find evidence of coercion, fraud, lack of disclosure, or procedural flaws. Some key reasons why a court might set aside or find a prenup unenforceable include:

• One spouse signed under pressure. Agreements made under duress, such as threats to cancel the wedding, may be invalid.
• Incomplete financial disclosure. Failing to provide accurate financial information can call the prenup’s validity into question.
• Lack of legal counsel. While not always required, the absence of independent legal advice can raise red flags.
• Unconscionable terms. If a prenup severely disadvantages one party or contradicts public policy, the court may find it unenforceable.

This doesn’t mean prenups are weak, only that they must be crafted and executed with care. The court’s goal is fairness, not blind enforcement.

Start Your Case Evaluation Here

How Can You Contest a Prenup?

If you believe your prenuptial agreement is unfair or legally flawed, you have the right to challenge it, but the process requires more than dissatisfaction with the outcome. Courts take these agreements seriously, so clear, fact-based arguments must support any effort to contest one.

Start by examining how the agreement was created and signed.

• Was there full financial disclosure?
• Did both parties have time and opportunity to consult an attorney?
• Were any terms added under pressure or too close to the wedding date?

You must present evidence of procedural problems or inequity to strengthen your case. That might include:

• Financial documents showing missing or misstated assets at the time of signing;
• Records of communication about the agreement, especially around timing or pressure; and
• Information about whether legal advice was sought or actively discouraged.

In most cases, contesting a prenup involves filing a motion during divorce proceedings and demonstrating that the agreement was either involuntary, unfair, or legally defective under Colorado law.

If you’re serious about disputing a prenup, working with a family law attorney who understands the nuances of Colorado’s UPMAA is imperative. A well-prepared argument can make the difference between having the agreement thrown out or enforced in full.

Under What Circumstances Can Prenups Be Voided?

In Colorado, prenups can be voided under the UPMAA if they violate statutory requirements or if there’s evidence that a party did not enter the agreement fairly or voluntarily. Voidance usually occurs when:

• The prenup lacks a signature or is improperly executed,
• The terms are so one-sided that they shock the conscience, or
• There’s clear evidence of coercion or deception.

Courts also recognize that couples can make contractual decisions about their financial future. The bar for voiding a prenup is high.

Enforcing a Valid Prenup in Divorce

If you’re seeking to uphold a prenup, it helps to know what strengthens your position. Colorado courts aim to respect contractual intent as long as the parties lawfully formed the agreement. Enforcement is more likely when:

• Both parties had separate attorneys during the signing process,
• The prenup was signed well before the wedding, without pressure,
• Both sides had a clear understanding of each other’s finances, and
• The agreement’s terms are balanced and reflect the couple’s intent.

A well-drafted prenup provides clarity and protection, especially in high-asset or second-marriage situations.

Can a Prenup Be Changed After Marriage?

Couples can sign a postnuptial agreement that updates or replaces the terms of a prenup, but both parties must agree, and the new agreement must follow legal requirements.

Is a Prenup Still Valid After 20 Years of Marriage?

The agreement’s age doesn’t invalidate it. However, if circumstances have changed dramatically, the court may consider that when deciding fairness.

Trust Plog & Stein, P.C. for Your Divorce Litigation

With over 50 years of combined family law experience, Plog & Stein, P.C. attorneys have seen how prenuptial agreements can protect or complicate divorce litigation. Our team takes a precise, strategic approach to helping clients enforce or challenge a prenup under Colorado law.

Whether you’re facing a high-conflict divorce or want a realistic evaluation of your marital agreement, we provide honest guidance tailored to your needs.

Our firm serves individuals throughout the Denver metro area and beyond, offering complete or limited-scope services, depending on what the situation calls for. We’ve built a reputation for integrity, clarity, and strong courtroom advocacy, and we’re ready to help you move forward confidently.

Let’s Talk About Your Prenup Concerns

Prenuptial agreements can serve as helpful planning tools or become contentious issues during litigation. Whether you can challenge a prenup depends on the specific facts and relevant laws. Contact us today, and we’ll help you build a plan that reflects your rights, financial future, and peace of mind.

Below, we explore how a down market can influence asset division, support obligations, and long-term financial planning during divorce. For questions about your divorce or property division, speak to one of our attorneys today: (303) 781-0322

Table of Contents

1. How Will Stocks Be Divided?
2. Valuation Date Matters
3. Dividing Retirement and Investment Accounts
4. Will My Losses Impact Child Support and Alimony?
5. Can Support Payments Be Modified According to My Losses?
6. Strategies for Navigating Divorce in a Declining Market
7. Should You Wait Until the Market Is Back to Normal to Get a Divorce?

How Will Stocks Be Divided?

In Colorado, vested stocks will become part of marital, or community property, during a divorce case if the stockholder purchased them during the marriage. As part of community property, they will be subject to division during a divorce. The courts handle unvested stocks differently, however. In most cases, unvested restricted stocks will be part of marital property if it carries dividend and voting rights. The courts will also view unvested options as marital property, but only to the extent that the person has an enforceable right to the options through a contract.

The Colorado courts can view stocks as income or property depending on the situation. In a divorce case involving stocks, the courts in Colorado may give couples multiple options. The couple could sell their stocks and divide the profits as part of marital property, but this could have tax implications. They could also split the stock holdings as if it were property – down the middle, splitting the investments equally. Since the division of stocks during a divorce can be complicated, you may wish to hire a divorce attorney for assistance.

The financial stakes are high—especially when investments are uncertain. Our experienced divorce attorneys can help you protect your future, even in a declining market. Speak to an Attorney

Valuation Date Matters

A key issue in divorce proceedings involving investments is the valuation date—when assets are appraised for division purposes. There are typically two options:

1. Date of Separation: Some courts value assets as of the date spouses separate.
2. Date of Trial or Settlement: Other courts prefer to value assets when the divorce is finalized.

If the market drops significantly between these two dates, one spouse might receive substantially less value unless provisions are made to equalize post-decline losses. In many cases, divorcing couples agree to share gains and losses up to the date of distribution to ensure fairness.

Dividing Retirement and Investment Accounts

Retirement accounts, such as 401(k)s and IRAs, often constitute a large portion of marital estates. These are usually divided using a Qualified Domestic Relations Order (QDRO).

In a falling market:

• The actual value received may be lower than expected
• Delays in executing the QDRO can result in further loss
• It’s important to specify a method for dividing investments—either by current dollar amount or by percentage of holdings

Using a percentage-based division can help mitigate the impact of market fluctuations and keep the split proportional, regardless of performance.

Will My Losses Impact Child Support and Alimony?

When determining child support and alimony payments during a divorce case, the Colorado courts will assess many factors specific to each spouse. These include the spouse’s current income. In general, the courts will not count earnings or losses related to the stock market as part of a parent’s income. Instead, the courts will only calculate a child support order based on both parents’ combined adjusted gross incomes.

The courts will use child support guidelines that calculate an award based on a mathematical formula. The courts take into account gross income and costs related to childcare. Then, they adjust the support award based on a child custody arrangement. To determine an alimony award, the courts will compare both spouses’ incomes and look at the quality of life each spouse had before the divorce.

Can Support Payments Be Modified According to My Losses?

During times of economic downfalls, such as recessions or the current pandemic, many parents may suffer financial losses that impact their ability to pay child support and/or spousal maintenance. If you lost your job or suffered another significant decrease in income, you could petition the courts to receive a temporary or permanent support modification. Unless a decline in the stock market directly impacts your income, however, you most likely cannot use your investment-related losses as a reason to reduce your support payments. Since the Colorado courts look at your income, not your earnings from investments, to calculate support amounts, a decline in the stock market most likely will not constitute a valid reason for a modification.

Strategies for Navigating Divorce in a Declining Market

Here are a few strategies to help mitigate risk:

• Negotiate based on asset type: Try to allocate more stable assets (e.g., cash, real estate) to the spouse who is more risk-averse, while allocating volatile assets (stocks, options) to the spouse who is more investment-savvy.
• Freeze or agree on valuation dates early: To avoid disputes about fluctuating values.
• Include provisions for post-division changes: If possible, agree to share losses or gains until the asset is distributed.
• Work with financial experts: A Certified Divorce Financial Analyst (CDFA) can provide critical insights into how market conditions affect settlement outcomes.

Should You Wait Until the Market Is Back to Normal to Get a Divorce?

If a decline in the stock market or the US’s economy impacts your ability to earn a living wage, this could affect your divorce. A change in the amount you or your spouse earns could change how much the court gives in child support and spousal maintenance. It could also be more difficult to afford the costs of divorce during a recession. In addition, property values can decrease. While it is ultimately up to you whether to postpone your divorce, it is generally not necessary to wait. You will always have the power to seek a support modification from the Colorado courts if you or your spouse’s financial situation changes in the future.

At Plog & Stein P.C., we know that navigating the legal aspects of divorce can feel overwhelming. Our attorneys are here to simplify the process and provide the legal support you need. If you have questions about filing for divorce in Colorado, whether you’re just starting to research or require legal representation now, call us today or contact us online to get the answers you need.

Table of Contents

1. How Long Do You Need to Be a Resident of Colorado to File for Divorce?
2. Confirming Your Residency Status Before Filing for Divorce
3. What If My Spouse Lives in Another State?
4. Call Plog & Stein P.C. for Trusted Guidance

How Long Do You Need to Be a Resident of Colorado to File for Divorce?

Before you file for divorce, you must establish legal residency in Colorado. The law requires that at least one spouse has lived in the state for a specific amount of time before the court can grant a divorce. If you do not meet this requirement, you may need to wait before filing.

Here are the key points you should know about residency requirements for divorce in Colorado:

• At least one spouse must have lived in Colorado for at least 91 days before filing for divorce.
• The residency requirement applies to either spouse, meaning you do not both need to be residents.
• The court will only have jurisdiction over your divorce case if you meet this requirement.

If you are unsure whether you qualify, an experienced attorney can help you understand your options and timeline.

Confirming Your Residency Status Before Filing for Divorce

If you or your spouse recently moved, it’s important to take a moment to check whether you qualify before starting the divorce process. Steps to confirm your residency status include:

• Check your move-in date. If you recently relocated, make sure at least 91 days have passed.
• Gather proof of residency. Utility bills, lease agreements, or a driver’s license can help establish your residency.
• Consult an attorney. If you are close to the 91-day mark or have concerns, a legal professional can guide you.

By confirming your residency status now, you can create a clear plan for filing when you’re eligible. Alternatively, if you don’t want to wait, you might want to see if filing in another state where you still meet residency requirements is a better option. Suppose you do not currently meet any state’s residency requirements. In that case, you may need to wait and file after you’ve fulfilled the waiting period and become eligible in Colorado. Understanding these options now can help you avoid unnecessary delays and frustration when you’re ready to proceed.

What If My Spouse Lives in Another State?

If your spouse lives in another state, you can still file for divorce in Colorado as long as you meet the residency requirements. However, out-of-state spouses may present challenges related to serving divorce papers and determining legal jurisdiction over property, child custody, and support.

Consider the following:

• Spouse never lived in Colorado. If your spouse has never lived in Colorado, the court may have limited authority over property or custody matters.
• Children. If children are involved, additional legal rules may determine whether Colorado has jurisdiction over custody arrangements. Such rules could address where the child has primarily lived for the past six months or whether another state has a stronger legal claim to jurisdiction.

• Professional help. An attorney can help you navigate the complexities that come with having an out-of-state spouse. They can help ensure you follow proper legal procedures and address jurisdictional challenges.

Dealing with a spouse who lives in another state can introduce additional hurdles, such as properly serving divorce papers and establishing which court has jurisdiction over your case. These complexities can make the process more challenging, but with the right legal guidance, they can be managed effectively. An experienced attorney can help make the process smoother by ensuring that all legal requirements are met, facilitating communication between state courts if necessary, and protecting your interests at every step.

Call Plog & Stein P.C. for Trusted Guidance

Filing for divorce is a major decision, and understanding Colorado divorce residency requirements is crucial—especially if you have recently moved, split from your spouse, or are considering filing in another state where you may still meet residency qualifications. If you are unsure about whether you meet the legal standards or need help with the process, the attorneys at Plog & Stein P.C. are here to assist you.

We offer compassionate, knowledgeable legal support to guide you through your divorce with confidence. Call or contact us online to schedule a consultation and take the next step toward your future.

If you’re facing these concerns, Plog & Stein P.C. is here to help. Our experienced team has guided countless clients through divorce and real estate matters. Call us today or contact us online for compassionate, results-driven representation.

Table of Contents

1. What Happens to Real Estate in a Divorce?
2. How to Divide Real Estate in a Divorce
   1. Valuation of the Property
   2. Deciding What to Do with the Property
   3. Documenting the Agreement
3. How to Protect Real Estate from Divorce
4. Real Estate Disputes in Divorce
5. Protect Your Interests in Real Estate and Divorce with Plog & Stein P.C.

What Happens to Real Estate in a Divorce?

In Colorado, real estate is considered marital property if it was purchased during the marriage. The court can also consider it marital property if each spouse contributed to its maintenance, improvement, and increase in value during the marriage. The classification of marital property matters because such property is subject to equitable distribution during a divorce. Equitable distribution means the division must be fair but not necessarily equal. For example, if one spouse earned significantly more or contributed more toward the property, they may receive a larger share.

Factors affecting the division of real estate include:

• Whether the property was purchased before or during the marriage;
• Whether the property is a marital or separate asset; and
• Contributions made by each spouse to the property, including both financial and non-financial contributions.

If the property was owned by one spouse before the marriage, it’s generally considered separate property. However, as mentioned above, if the other spouse contributed to mortgage payments or improvements, they may have a claim to a portion of the property’s value.

How to Divide Real Estate in a Divorce

The division of real estate in Colorado divorces often follows the below steps. Note, the steps may seem complex but are often more manageable with the help of a skilled attorney who understands divorce and real estate laws in Colorado.

Valuation of the Property

Both parties must agree on the property’s fair market value. Hiring an appraiser can help provide an accurate and impartial assessment. This step is crucial to ensuring a fair division of assets and avoiding potential disputes later.

Deciding What to Do with the Property

When deciding what to do with your real estate during a divorce, it’s important to weigh your options carefully. Each choice comes with unique financial and emotional considerations that can impact your future stability.

• Sell the property. Selling and splitting the proceeds is a common solution, especially when neither spouse wants to keep the property. It can also simplify the division process by turning the property into liquid assets.
• One spouse buys out the other. This option allows one spouse to retain ownership by paying the other their share. A buyout can require refinancing the mortgage or securing funds to cover the payment.
• Co-ownership. While rare, some divorcing couples agree to keep the property jointly owned, particularly for the sake of children. This approach works best when both parties maintain a cooperative relationship.

Ultimately, the right choice depends on your specific circumstances and long-term goals, and having the guidance of an experienced attorney can make the decision clearer.

Documenting the Agreement

Ensure that your property division agreement is legally binding and approved by the court. Clear and detailed documentation helps enforce the agreement and provides legal recourse if disputes arise.

How to Protect Real Estate from Divorce

Protecting your real estate begins with understanding how Colorado law views your property. If you’re entering a marriage and you own real estate or plan to purchase property during the marriage, consider these steps:

• Create a prenuptial agreement. A well-drafted prenup can clearly outline how real estate will be handled in the event of a divorce.
• Keep separate property separate. Avoid commingling separate property with marital assets. For instance, if you want to retain the value of the property, don’t use joint accounts to pay the mortgage or property-related expenses on a home you owned before the marriage.
• Consult a divorce attorney early. If you’re concerned about real estate disputes in divorce, working with an attorney from the start can help safeguard your assets.

Taking proactive steps to protect your real estate can save you significant stress and financial loss later.

Real Estate Disputes in Divorce

Disputes over real estate often arise when couples cannot agree on how to divide the property. These disputes can delay the divorce process and add financial strain. Here are tips to address them:

• Negotiate early. Try to work out an agreement with your spouse before court involvement. Early discussions can save time, reduce costs, and help maintain a more amicable relationship.
• Try using a mediator. A neutral mediator can help both parties find common ground. Mediation often results in creative solutions that meet the needs of both spouses.
• Rely on professional valuations. Accurate appraisals reduce arguments about property value. Ensure the appraiser you choose is certified and experienced in local real estate.
• Seek legal representation. An attorney experienced in real estate and divorce can provide strategies to resolve disputes effectively. They can also advocate for your best interests in court if negotiations fail.

Resolving real estate disputes quickly and fairly helps move the divorce process forward and minimizes emotional and financial burdens. With the right legal guidance, you can navigate these challenges and protect what matters most—your financial security, your property, and your peace of mind.

Protect Your Interests in Real Estate and Divorce with Plog & Stein P.C.

Real estate and divorce often bring emotional and financial challenges. Disputes about property value, buyouts, or fairness can create stress during an already difficult time. Colorado courts aim for equitable solutions, but navigating these issues alone can feel overwhelming.

At Plog & Stein P.C., we offer experienced guidance to help you make informed decisions and protect your financial future. Whether you need advice on dividing real estate, safeguarding your property, or resolving disputes, our dedicated team is here to assist.

We work to minimize stress while securing a fair resolution tailored to your unique circumstances. With decades of experience and a results-driven approach, we provide the clarity and support you need to move forward confidently.

Take the first step toward protecting your assets and future. Contact Plog & Stein P.C. today to schedule a consultation. Let us help you protect what matters most.

When facing divorce, many couples wonder, What happens to pets in a divorce? In Colorado, pets are legally considered property. This means that the court treats pets in the same category as other marital assets, such as furniture or vehicles.

However, unlike other properties, pets hold emotional value that can make dividing them one of the most contentious aspects of the process.

Understanding how pets are divided in a divorce and taking steps to protect your pet’s future can help you navigate this complex issue confidently.

Table of Contents

1. How Are Pets Divided in a Divorce in Colorado?
2. Why Pet Disputes Can Become Complicated
3. Challenges in Pets and Divorce
4. Can the Court Order “Pet Custody” or Visitation?
5. Protecting Your Pets in a Divorce
   1. Tips for Handling Pet-Related Issues in Divorce
6. Protecting Your Pet’s Future During a Divorce
7. Why Choose Plog & Stein P.C.?

How Are Pets Divided in a Divorce in Colorado?

In Colorado, pets are legally considered personal property, so CO law defines someone with a pet as an “owner.” This means that pets are treated similarly to assets, like homes or retirement accounts, during divorce proceedings.

Unlike child custody cases, where the child’s best interests are prioritized, courts do not weigh factors such as the pet’s welfare or the emotional bonds shared with its owners. Instead, ownership of the pet is typically proven by:

• Establishing ownership using adoption records, purchase receipts, or registration papers;
• Demonstrating who handled daily responsibilities such as feeding, grooming, and veterinary visits; and
• Presenting which spouse’s living situation suits the pet’s needs better.

While this evidence can guide decisions, it does not dictate a specific result. Outcomes often depend on the specific judge, as they have the discretion to determine the most equitable outcome.

Why Pet Disputes Can Become Complicated

Because of the emotional bond people have with their pets, disputes over who gets the dog, cat, or other companion animal often become intense. It’s not unusual for people to argue more over the pet than over financial assets. These disagreements may arise out of genuine concern, personal attachment, or even spite.

And yet, because courts treat pets as property, there’s no legal framework for sharing custody or mandating visitation. That often leaves one party feeling unfairly separated from a beloved animal.

Challenges in Pets and Divorce

Deciding who gets pets in a divorce can be contentious, especially when both spouses are emotionally attached. For instance, one spouse may claim they were the pet’s primary caregiver, while the other asserts they financed the pet’s care.

Since there are no clear legal provisions specifically addressing how to divide pets, as opposed to other types of property, such disputes can lead to prolonged litigation and increased emotional strain for everyone involved.

To avoid this, many couples choose to negotiate privately or use mediation. These methods allow couples to reach mutually agreeable solutions, such as shared custody, visitation schedules, or financial contributions toward the pet’s care.

The agreements can then be incorporated into the divorce decree for enforceability.

Can the Court Order “Pet Custody” or Visitation?

In most cases, no—courts in Colorado do not have the authority to order joint custody or visitation for pets. Judges are required to follow property division laws and make decisions based on ownership, not emotional connections.

That said, spouses can agree privately to shared care or visitation and include those provisions in a separation agreement. If both parties are committed to cooperation, these arrangements can be enforced as part of the divorce decree.

Protecting Your Pets in a Divorce

Taking proactive steps when facing difficulties around pets and divorce can help ensure your pet’s well-being during and after the dissolution of your marriage:

• Document your role as a caregiver by keeping detailed records of your involvement in the pet’s life, such as veterinary visits, training classes, and supply receipts;
• Gather supportive evidence from family or neighbors who can confirm your role as the pet’s primary caregiver, which may strengthen your case; and
• Negotiate early with your spouse about who gets the pets in a divorce to create amicable solutions and reduce the risk of court intervention.

Taking these proactive measures can improve your chances of retaining ownership of your beloved companion.

Tips for Handling Pet-Related Issues in Divorce

Given the legal limitations, your best bet is to resolve pet issues amicably and proactively. Here are some practical tips:

• Negotiate early: Talk with your spouse about what happens to the pet before emotions escalate.

• Include provisions in your agreement: Make sure any decisions are clearly outlined in your divorce settlement to avoid future disputes.

• Use temporary orders if needed: If you and your spouse are separated during the divorce, consider asking the court for temporary possession of the pet to establish continuity.

• Consider day-to-day care: Judges may look at who primarily fed, walked, trained, or paid for veterinary care when deciding ownership.

• Weigh the cost of litigation: Fighting over a pet in court can be costly, both financially and emotionally. Consider whether litigation is worth the potential result.

Protecting Your Pet’s Future During a Divorce

Navigating who gets pets in a divorce in Colorado requires understanding the legal landscape and addressing potential disputes head-on. While pets are legally considered property, some judges may acknowledge their distinctive nature and consider informal arrangements. However, formalizing any agreements within the divorce decree is essential to ensure that they are enforceable.

To safeguard your pet’s future, consider the following:

• Address pet ownership and custody in prenuptial or postnuptial agreements to establish clear expectations; and
• Work with an experienced family law attorney to navigate the complexities of pet custody and protect your interests and your pet’s well-being.

Taking proactive steps can help ensure that your pet remains in a stable and caring environment regardless of the outcome of your divorce.

Why Choose Plog & Stein P.C.?

Deciding what happens to pets in a divorce is never easy. Whether dealing with shared emotional ties or logistical concerns, understanding your legal options is key to securing your pet’s future.

At Plog & Stein P.C., we know that pets are not just property—they’re family. With over 50 years of combined legal experience, our attorneys provide proven strategic representation tailored to your unique needs.

Since 1999, we’ve helped thousands of clients throughout Colorado, including Douglas County, Arapahoe County, Colorado Springs, Jefferson County, and the Denver Metro Area. Contact Plog & Stein P.C. today to help ensure your rights—and your pet’s future—are fully protected.

Below, the team at Plog & Stein P.C. will explore the key issues surrounding divorce and business ownership, clarifying what to expect and how to protect your financial interests.

You’ve worked hard to build your business, and now divorce brings uncertainty into that part of your life too. The path forward may feel overwhelming, but you don’t have to navigate it alone. There are ways to protect what you’ve built. GET HELP HERE

Table of Contents

1. How Does Divorce with a Business Affect Ownership?
2. Talk To a Skilled Legal Expert About Protecting Your Business.
3. Is Your Business Marital or Separate Property?
4. How Is the Business Valued in a Divorce?
5. What Are Your Options for Dividing the Business?
   1. Option 1: Buyout
   2. Option 2: Sell the Business
   3. Option 3: Co-Ownership After Divorce
6. What Happens in Divorce When You Own a Business with Your Spouse?
7. What Are the Tax Implications of Dividing a Business?
8. Important Legal Considerations in Divorce with a Business Involved
   1. Prenuptial or Postnuptial Agreements
   2. Debt and Liability
   3. Non-Compete Clauses
9. Take Action to Protect Your Interests Now

How Does Divorce with a Business Affect Ownership?

Various factors will impact how a divorce and business ownership impact one another:

• Ownership structure—whether the business is a sole proprietorship, partnership, limited liability company (LLC), or corporation;
• Prenuptial agreement—if a prenuptial agreement is in place, it may outline how you want to divide the business in case of divorce;
• Marital property laws—Colorado laws typically consider businesses acquired during the marriage to be marital property, subject to equitable division between the spouses.

An experienced divorce attorney will know how your ownership structure and other factors impact the division of your company. Such a professional knows how to safeguard your financial interests.

Talk To a Skilled Legal Expert About Protecting Your Business.

Is Your Business Marital or Separate Property?

One of the first questions in any divorce with a business involved is whether the court categorizes your company as marital or separate property. Colorado is an equitable distribution state, meaning that marital property is divided fairly—not necessarily equally—during a divorce. But what determines whether your business is included in the marital estate?

• Marital property. If the business was established or significantly expanded during the marriage, it’s likely considered marital property. The company’s value or increase in value during the marriage could be subject to division.
• Separate property. A business started before marriage may be considered separate property. However, if you contribute marital funds or significantly expand your company during the marriage, the court could consider part of the company as marital property.

The court will examine factors such as when the business was founded and whether marital assets contributed to its growth.

How Is the Business Valued in a Divorce?

Once it’s determined that the business is subject to division, the next step is business valuation. Accurately valuing a business is crucial to ensuring a fair division of assets. Experts such as forensic accountants or business appraisers are often brought in to evaluate the company’s worth in Colorado.

Business valuation methods vary but typically include:

• Asset-based approach— calculates the business’s net worth by subtracting liabilities from the total assets;
• Income approach—focuses on the business’s potential to generate future income, applying discounted cash flow or capitalization of earnings; and
• Market-based approach—compares the business to similar businesses that have been sold recently.

The chosen valuation method can significantly affect your financial settlement, so it’s essential to understand how to best evaluate your business’s worth.

What Are Your Options for Dividing the Business?

When it comes to divorce and business division, you generally have three options.

Option 1: Buyout

In many cases, one spouse buys the other’s share of the business. A buyout allows the company to stay operational while ensuring your spouse receives a fair share. If you choose this route, you may need to refinance or take on new debt to secure the funds for the buyout.

Option 2: Sell the Business

Another option is selling the business and dividing the proceeds. This option is often used when neither spouse wants to continue the company or a buyout isn’t financially feasible. However, selling can be complicated, especially if market conditions aren’t favorable.

Option 3: Co-Ownership After Divorce

While less common, some spouses agree to continue co-owning the business after divorce. If you and your spouse can maintain a professional relationship, this may work, but it’s crucial to have a clear co-ownership agreement to avoid future disputes.

What Happens in Divorce When You Own a Business with Your Spouse?

Divorce for business owners can become even more intricate if you and your spouse co-own a business. The business’s structure dictates how ownership is handled in a divorce. Partnership or shareholder agreements may include buyout clauses that can guide how to manage your ownership interests.

Your financial stake in the business must also be considered part of the divorce settlement. When both spouses have made equal or substantial contributions to the company, the division process may involve more negotiation and the help of legal experts to ensure fairness.

What Are the Tax Implications of Dividing a Business?

Dividing a business in a divorce isn’t just about deciding who keeps the company or how the assets are split. The division of a company carries significant tax implications, especially regarding:

• Capital gains taxes,
• Business income, and
• Debts.

Selling the business could lead to capital gains taxes for both parties. This expense could significantly impact your final settlement. But, if one spouse buys out the other, the business’s income and tax burden shift entirely to the retaining spouse.

Discussing these issues with a tax professional and your divorce attorney is essential to avoid costly surprises and unfair settlements.

Important Legal Considerations in Divorce with a Business Involved

Various legal issues can arise in your divorce when you own a business. Let’s look at some of the issues you may need to address that go beyond valuation and property division.

Prenuptial or Postnuptial Agreements

If you have a prenuptial, postnuptial, or separation agreement in place, it may outline how the business is treated during a divorce. Colorado courts typically enforce these agreements if they were drafted and entered into in a legally valid and fair manner.

Debt and Liability

If your business has debts, those liabilities may also be subject to division. Be prepared to address how you plan to handle business debts.

Non-Compete Clauses

Suppose one spouse is heavily involved in the business’s day-to-day operations. In that case, a non-compete agreement may be necessary to prevent that spouse from starting a competing business post-divorce.

Take Action to Protect Your Interests Now

If you are going through a divorce with a business, the outcome can have long-lasting financial consequences. Protecting your business interests is essential, and the best way to do that is by working with a knowledgeable divorce attorney who understands how divorce law intersects with business ownership.

Plog & Stein P.C. understands how important your company is to you. Whether negotiating a buyout or protecting your financial future, our team is ready to stand by your side and ensure you move forward confidently.

Contact us today for personalized, results-driven representation that will help safeguard your future.

Resources:

• Divorce and Separation. Colorado Judicial Branch, link
• Business Valuation Issues in Divorce. Mariner Capital Advisors, link
• Divorce and Business Owners: 7 Things You Need to Know. Equitable Mediation (2024), link

This post explains when and why hiring a lawyer can be crucial to protecting your legal and financial rights.

Do I Need an Attorney for Divorce?

It’s easy to think that handling your divorce without a lawyer will save you time and money. It seems obvious. But in reality, divorce is often far more complex than most people expect. While you might not need legal counsel if you and your spouse agree on every aspect of the divorce, including property division, child custody, child support, and spousal support—these situations are rare.

Most people underestimate how challenging even seemingly simple divorces can be. Without a lawyer, costly mistakes are common—even in amicable splits. This is especially true if you own a business, have retirement accounts, or deal with other complicated assets.

You’ll need to complete and file all divorce paperwork accurately with the court, and even minor errors can result in frustrating delays or unexpected and long-term legal consequences. Missing crucial terms in your divorce agreement could affect your future, whether through unintentionally waiving your right to alimony or overlooking tax obligations, property rights, or long-term financial responsibilities.

Why Do You Need a Lawyer for Divorce?

A divorce attorney does more than mediate disputes; they passionately advocate for your best interests throughout the process. Divorce in Colorado can be intricate, often involving:

• Legal obligations,
• Equitable division of assets,
• Child support,
• Child custody arrangements, and
• Spousal support.

Under Colorado Revised Statutes (C.R.S.) § 14-10-113, marital property is divided based on fairness rather than an equal 50/50 split. What the court deems equitable varies based on the case’s circumstances.

Every divorce case is unique, making the expertise of an experienced attorney invaluable. Your attorney understands the nuances of the law and how it intersects with the facts of your case. A lawyer plays an integral role in ensuring that assets and debts are divided in a way that truly reflects fairness, whether you’re dealing with real estate, retirement accounts, or other significant assets. They will help you navigate the complexities of the law, protecting your rights, keeping you in compliance with all legal requirements, and ultimately safeguarding your financial future.

Should I Get a Lawyer for Divorce If Kids Are Involved?

Child custody and support are some of the most contested and emotional aspects of any divorce, and Colorado courts prioritize the best interests of the child. In Colorado, child custody is determined by what the court believes is in the child’s best interests according to the factors addressed in C.R.S. § 14-10-124. The law mandates that the court must consider factors like the child’s emotional needs, the parents’ ability to provide a stable home, among other things.

Hiring a divorce lawyer becomes crucial when custody issues arise. An attorney can help you create a parenting plan that works for everyone involved and ensures that neither you nor your children are unfairly disadvantaged. They will also ensure that your child support obligations are calculated accurately, based on Colorado’s guidelines, which consider both parents’ incomes and the child’s needs.

What Happens If My Divorce Is Contested?

A contested divorce is when spouses cannot agree on critical issues, such as asset division, custody, or spousal support. In these cases, the question isn’t: Do you have to hire a lawyer for divorce? In such cases, the question more accurately involves when to hire a divorce lawyer. The sooner you bring a lawyer into a contested divorce, the better. Your attorney will prepare your case for court, ensuring all necessary evidence and arguments are presented effectively.

Without a lawyer, you may be at a distinct disadvantage in court, especially if your spouse has legal representation. Contesting a divorce requires a deep understanding of legal procedures and Colorado case law, such as In re Marriage of Gallo. This case highlighted the importance of a fair valuation of marital assets. A lawyer ensures you’re not stepping into a legal battle unprepared.

What Are the Financial Implications of Hiring a Divorce Lawyer?

While attorneys come with a price tag, not hiring one could cost you more in the long run—both financially and emotionally.

Without a lawyer to properly present the facts in light of the law, you risk losing your fair share of assets or paying more than your fair share of debts and support obligations. You may also get less child support or have to pay more child support than is required according to the guidelines. Many self-represented spouses end up losing patience and simply wanting the case to be concluded. But the consequences of your divorce will impact you and your family for years to come. You may be severely disadvantaged if your spouse has a lawyer protecting their interests and you don’t. Even if neither you nor your spouse has a lawyer, if you present your case incorrectly, the judge could miss important information and make unnecessarily detrimental decisions.

An experienced Colorado divorce lawyer knows what the judge needs to hear to make a proper determination on divorce terms. They know how to best present your case, and they will protect your financial and personal interests during settlement negotiations and in court.

Do I Have to Hire a Lawyer for Divorce If We’re Using Mediation?

Mediation is an alternative dispute resolution method that many divorcing couples explore to avoid a drawn-out court battle. Even in mediation, having a lawyer can be invaluable. While mediators are neutral parties facilitating negotiations, they do not advocate for your interests. They cannot and will not give you legal advice. On the other hand, your lawyer will clarify the long-term impact of each decision made during mediation, ensuring you aren’t blindsided.

Mediation only works if both parties understand their rights and obligations. A lawyer helps ensure you’re fully informed before agreeing to anything affecting your future.

What Should I Look for When Hiring a Lawyer?

When selecting an attorney, look for someone with experience in Colorado family law, particularly in the county where your divorce is filed. For example, if you live in Denver, you want an attorney who knows the local court systems and judges. A firm like Plog & Stein P.C. has a proven track record of success and dedication to its clients. We can make all the difference in ensuring your divorce is handled efficiently and effectively.

Ready to Move Forward? We Can Help

Divorce is one of the most challenging life events anyone can go through. Having the right attorney by your side can ease the burden and protect your rights. At Plog & Stein P.C., we bring decades of experience, dedication, and a deep understanding of Colorado divorce laws to your case. Our firm has helped countless individuals get through the challenges of divorce with confidence and peace of mind.

Still on the fence about hiring a divorce lawyer? Don’t wait for costly mistakes to surface. Contact us today to schedule a consultation and take the first step towards getting the legal support you need.

Divorce is tough, and when you’re in the thick of it, it’s easy to miss critical details. Failing to address key issues in your divorce agreement can affect your post-divorce life. You can protect your financial well-being and avoid future disputes by staying aware of the most common problems overlooked in a divorce agreement.

Below, the attorneys at Plog & Stein P.C. break down nine things to consider in a divorce agreement and what to avoid to ensure a fair and secure future.

How Will Child-Related Expenses Be Managed?

Many people overlook child-related costs, but you shouldn’t. Child support is a given, but it doesn’t always cover every expense your children may have, like extracurricular activities, school fees, and uninsured medical bills.

Make sure your divorce or separation agreement spells out exactly how both parents will cover these expenses. You don’t want to end up in a situation where one parent refuses to pay for your child’s soccer camp or braces because it wasn’t outlined in the agreement. Addressing these costs upfront will save headaches and potential legal battles.

We understand the emotional toll of divorce—our goal is to help you navigate it with dignity and respect. Contact us today

Is Spousal Maintenance Clearly Defined?

Alimony, or spousal maintenance, is another area where problems overlooked in a divorce agreement can surface. If the court awards alimony, ensure the judge clearly defines the terms, including the duration of payment, what conditions enable you to seek a modification, and how you can enforce the terms.

A vague alimony clause could result in future disputes, especially if one party experiences a change in financial circumstances. You need to be specific to avoid disputes about what happens if the paying spouse’s income changes or if the receiving spouse remarries or cohabitates with a new romantic partner.

Health Insurance: One of the Things Often Overlooked in Divorce Agreements

Don’t forget about health insurance. Divorce often results in the termination of health insurance coverage if one spouse depends on the other’s employer-provided insurance.

It’s important to clarify in the agreement whether the insured spouse will maintain coverage for the other through COBRA or if the uninsured spouse will need to secure private health insurance.

Failing to address health insurance needs can leave you or your ex vulnerable to significant out-of-pocket costs. When you have children, it’s important to clearly outline how the parties will cover their health insurance—being sure to specify which parent will cover the premiums and additional medical expenses.

What Happens with Retirement Accounts and Benefits?

Getting caught up in more immediate concerns like the house or savings accounts is easy, but long-term financial planning is crucial. Retirement accounts, such as 401(k)s and pensions, are considered marital property in Colorado if accumulated during the marriage.

One of the common problems overlooked in a divorce agreement is failing to specify how to divide these accounts. For example, if a qualified domestic relations order (QDRO) is required to transfer retirement funds, ensure it’s included in the divorce settlement. Without it, you might lose your share of the benefits.

Start Your Case Evaluation Here

How Are Assets Like Businesses and Investments Handled?

Common mistakes to avoid in a high-asset divorce include failing to fully understand the value of businesses and investments or how to divide them. Valuing a company can get complicated and contentious.

Both parties should have independent appraisals done to ensure fairness. Be clear about how future investments, profits, or losses will be managed.

If both parties have an interest in a business, the divorce agreement should clarify whether one party will buy out the other’s share or if both will retain ownership. Neglecting this can lead to significant financial and legal issues later.

Are Taxes Factored Into the Agreement?

Taxes often get overlooked in divorce negotiations, but missing the tax implications can cost you hundreds or more. For example, selling the family home could trigger capital gains taxes, while receiving alimony payments may also impact your tax bracket.

Another common mistake to avoid in a high-asset divorce is failing to consult a tax professional to assess how the division of assets will impact your taxes. Including tax provisions in your divorce agreement helps avoid unexpected tax burdens that could strain your finances later.

Who Takes on the Marital Debt?

Most people think about dividing assets during a divorce, but dividing debt can be just as important. Colorado is an equitable distribution state, meaning debts incurred during the marriage will be divided fairly.

If your divorce agreement doesn’t specify who takes on which debts, you could pay more than you should.

The divorce agreement must list all outstanding debts, such as mortgages, car loans, and credit cards. Common mistakes to avoid during a divorce include assuming the court will automatically assign debts fairly. Proactively review this section to ensure both parties are equally accountable for marital debts.

What Happens If Circumstances Change?

Don’t forget to include modification clauses in your divorce agreement—as this is a mistake many people make. Life doesn’t remain static. Therefore, your divorce contract should account for what happens if one spouse loses their job or becomes disabled. It should account for other foreseeable changes, such as how costs will be handled if the children’s needs change significantly.

Having a modification provision in place ensures that the agreement can be revisited if necessary. Colorado courts typically allow modifications to child support, alimony, and custody arrangements, but it’s easier if you include these contingencies in the original agreement. This can prevent additional court battles if life circumstances evolve.

Will the Agreement Hold Up Over Time?

Finally, one of the biggest things often overlooked in divorce agreements is whether the terms will remain enforceable and reasonable over time. Your attorney can draft the contract with clear, specific, and comprehensive language. Ambiguities can lead to legal battles years after you finalize your divorce.

An experienced family law attorney can help avoid the pitfalls of poorly drafted or overly vague divorce agreements, ensuring you have a solid foundation for moving forward without unnecessary complications.

Comprehensive Divorce Solutions with Plog & Stein P.C.

Divorce agreements are complex, and missing even a tiny detail can cause significant problems as life unfolds. The experienced attorneys at Plog & Stein P.C. can help you avoid those common divorce mistakes and protect your future. Our firm has a proven track record of success in family law throughout Colorado.

We are known for our ability to support clients through complex divorces, particularly those with significant assets and complicated property divisions. Contact us to discuss your divorce or separation agreement.

Table of Contents

1. What Does Divorce Do to a Child and Their Relationships?
2. How Does Divorce Affect Children Emotionally?
3. Effects of Divorce on Children: Mental Health
4. How Does Divorce Impact a Child’s Academic Performance?
5. What Role Does Stability Play in a Child’s Post-Divorce Life?
6. What Can You Do to Support Your Child During a Divorce?
   1. Keep Conflict Away from Your Child
   2. Maintain Routines and Consistency
   3. Encourage Open Communication
   4. Seek Professional Help When Needed
7. Can a Divorce Lawyer Help Minimize the Negative Effects of Divorce on Children?
8. Prioritizing Your Child’s Well-Being in Divorce

What Does Divorce Do to a Child and Their Relationships?

Divorce can impact a child’s relationships within the family, such as with parents and siblings. It can also impact their social relationships with friends and peers. The disruption of the family structure might lead to feelings of mistrust or fear of abandonment. These feelings can result in some children struggling to form or maintain friendships. Others may experience difficulties in their relationships with their parents, particularly if one parent becomes less involved post-divorce.

As a parent, you can play a key role in helping your child maintain healthy relationships despite the divorce. Encouraging open communication, showing plenty of love, maintaining stability as much as possible, and having support from both parents will all help your child adjust in a more healthy way. A skilled attorney can help craft a co-parenting plan that fosters healthy relationships between the child and both parents, reducing the likelihood of strained familial bonds.

How Does Divorce Affect Children Emotionally?

The emotional impact of divorce on children can differ based on the child’s age, temperament, and the level of conflict between the parents. Younger children may struggle to understand the situation and blame themselves for the separation. They could experience confusion, anxiety, and fear about the future.

Older children and teenagers may process their emotions differently. They might exhibit anger, sadness, or even withdraw from social activities. They could also become resentful toward one or both parents. Open communication and emotional support are critical to helping children express and cope with these feelings. Providing reassurance and allowing your child to express their emotions can help mitigate the impact of divorce on children.

Effects of Divorce on Children: Mental Health

Divorce doesn’t just trigger immediate emotional responses—it can also take a lasting toll on your child’s mental health. Research has shown that children of divorced parents are more likely to experience anxiety, depression, and other psychological challenges. For some children, these issues may persist into adulthood, potentially affecting their self-esteem, friendships, and romantic relationships.

However, this does not mean every child of divorced parents will face these challenges. By ensuring your child has access to mental health resources, you can significantly reduce the risks. Keeping an eye out for signs of mental distress, such as changes in behavior, sleeping patterns, or academic performance, is critical. If you notice these red flags, seeking professional help early can prevent deeper issues from developing.

How Does Divorce Impact a Child’s Academic Performance?

Divorce can shake up a child’s school life. Many kids struggle to focus and see their grades slip. Others might start missing more school days. These changes can be especially pronounced if your divorce involves high levels of conflict and tension in the home environment.

Often, children thrive best if they have routine and structure, which divorce may disturb. You can mitigate these academic effects by maintaining open communication with teachers, encouraging your child to continue to engage in school activities, and providing consistency at home. Maintaining a sense of normalcy can help your child remain focused and engaged in their education.

What Role Does Stability Play in a Child’s Post-Divorce Life?

Stability is key to helping children cope with divorce. Maintaining routines, keeping traditions, and providing a consistent support system are crucial for your child’s emotional and psychological health. Changes in living situations, schools, or friendships can be stressful for children, but proper planning can facilitate smoother transitions.

A skilled attorney can help you create a parenting plan that prioritizes stability, whether through a shared custody arrangement or specific guidelines for visitation. The more predictable your child’s environment, the easier it will be for them to adjust to life post-divorce.

What Can You Do to Support Your Child During a Divorce?

As a parent, your actions can affect how your child experiences divorce. Here are some proactive steps you can take.

Keep Conflict Away from Your Child

Even if tensions run high between you and your spouse, shielding your child from conflict is essential. Avoid arguing in front of your child, never vent or complain about your ex in front of your child, and do not ask them to take sides.

Maintain Routines and Consistency

Keeping bedtime the same, continuing weekend activities, and providing structure can give your child a sense of security amidst the changes.

Encourage Open Communication

Make sure your child knows that talking about their feelings is okay. Validating their emotions will help them feel supported and understood.

Seek Professional Help When Needed

If you notice your child struggling with the changes, don’t hesitate to seek counseling or therapy. Talking to a neutral third party can sometimes be incredibly beneficial for children.

Can a Divorce Lawyer Help Minimize the Negative Effects of Divorce on Children?

Divorce is undoubtedly challenging for children, but having a knowledgeable attorney can help mitigate many potential negative effects of divorce on children. A lawyer experienced in family law can help you navigate the complexities of the divorce process while keeping your child’s best interests at the forefront. Your attorney knows how to negotiate or fight for fair custody arrangements. They know how much child support should be awarded and how to get you the spousal support you need to keep your child’s life intact. A seasoned attorney can also provide access to resources such as counseling and education support when necessary.

Your attorney will also act as a buffer between you and your spouse, reducing conflict and helping to maintain a peaceful and respectful process. This creates a less stressful environment for your child. Working closely with an attorney who understands your family’s unique needs, you can ensure that your divorce agreement supports your child’s well-being.

Prioritizing Your Child’s Well-Being in Divorce

Divorce will inevitably bring changes, but with the right approach, you can minimize the effects of divorce on children and help them adjust in a healthy and supportive environment. At Plog & Stein P.C., we know your child’s well-being is your top priority, and we’re here to help. With decades of experience and a deep commitment to family law, our attorneys will work closely with you to craft solutions that keep your child’s needs front and center. Let us take care of the legal complexities so you can focus on what matters most—helping your family move forward.

Resources:

• Children and Divorce. HelpGuide.org, link
• The Effects of Divorce on Children & How to Help Them Cope. Choosing Therapy, link
• 10 Effects of Divorce on Children — and Helping Them Cope. Healthline (2020), link
• The Impact of Divorce on Children. Psychology Today (2022), link
• 10 Commandments of Good Parenting. WebMD, link
• The Long Term Psychological Effects of Divorce on Children. Mediate.com (2021), link
• How Parents Can Help Children Cope With Separation/Divorce. Encyclopedia on Early Childhood Development (2020), link

If you believe your marital assets are immediately being affected, it’s best to seek counsel right away. Our practice is focused on providing exceptional family law services in Colorado, and our team at Plog & Stein P.C. is here to help answer your questions. Call or contact us online today to ensure your interests are protected.

Table of Contents

1. Understanding Marital Assets
2. Separate vs. Marital Property
3. Husband or Wife Selling Assets Before Divorce
4. Can a Spouse Sell Assets During a Divorce?
   1. Temporary Orders
5. Steps to Take If Your Spouse Is Selling Assets
6. How Intent Impacts the Legality of Selling Assets During Divorce in Colorado
7. When Selling Marital Assets Is Allowed During Divorce in Colorado
8. Protecting Your Assets
9. Take Action to Protect Your Assets with Plog & Stein P.C.

Understanding Marital Assets

Marital assets are items purchased during the marriage. When you get divorced, a court will decide how to divide these assets fairly. Marital assets may include:

• Houses,
• Cars,
• Pets,
• Furniture,
• Jewelry,
• Art collections,
• Collectibles,
• Vacation homes,
• Boats,
• Retirement accounts,
• Savings accounts, and
• Investments.

Even if one person paid for these items, they still count as marital assets if bought during the marriage.

Separate vs. Marital Property

Not all property in a marriage is shared. Some items can be considered separate property. These are things one spouse owned before getting married or received as a gift or inheritance. Separate property can also include:

• Personal injury settlements awarded to one spouse;
• Property agreed to be separate in a prenuptial agreement;
• Businesses owned before the marriage; and
• Trusts set up for one spouse before the marriage.

If you’re unsure what counts as marital or separate property, you should ask your attorney.

Husband or Wife Selling Assets Before Divorce

If your wife or your husband is selling assets before divorce, it can cause problems. They may be trying to hide money or make sure that you don’t get your fair share. This action is not allowed and can be seen as hiding assets. Hiding assets means not being honest about what you own. It can involve:

• Selling property without telling your spouse;
• Transferring money to a secret account;
• Giving valuable items to friends or family to keep them hidden; and
• Undervaluing assets to make them seem worth less than they are.

Hiding assets is illegal and unfair. Courts take this behavior seriously and can impose penalties on the spouse who is hiding assets.

Can a Spouse Sell Assets During a Divorce?

In most cases, you cannot sell marital property during a divorce without your spouse’s permission. Courts in Colorado, like in other states, want to make sure everything is fair. They want both people to get what they deserve, and selling assets without agreement can be viewed by the court as unfair to the other spouse.

Temporary Orders

During a divorce, you can ask the court for a temporary order. This can stop your spouse from selling assets. It’s important to act quickly if you believe assets are being sold.

Steps to Take If Your Spouse Is Selling Assets

If you suspect your spouse is selling assets, you should take the following steps:

• Document everything. This is your first step to take after suspicion arises. Keep track of bank statements, receipts, emails or texts about selling property, and all financial activity.
• Talk to your lawyer. An attorney can guide you on what to do next. They might suggest filing for a temporary order to stop asset sales, investigating where the money from sold assets is going, or asking the court to penalize your spouse for selling assets.
• Court actions. If your spouse continues to sell assets, the court can step in. The judge might order your spouse to return the money, give you a larger share of the remaining assets, or impose penalties on your spouse.

Taking these steps quickly can make a big difference in protecting your financial interests. By acting promptly, you can prevent further loss of assets and ensure that your spouse faces consequences for any improper actions. Remember, the court’s primary goal is to make the asset division fair for both parties.

Providing solid evidence and working closely with your lawyer can help you achieve a fair result. Don’t hesitate to seek professional advice from the divorce attorneys at Plog & Stein P.C. to protect what is rightfully yours.

How Intent Impacts the Legality of Selling Assets During Divorce in Colorado

In Colorado divorce cases, the intent behind selling marital assets can play a significant role in how the court views the transaction. Colorado is an equitable distribution state, meaning marital property must be divided fairly, though not necessarily equally. If one spouse sells, transfers, or disposes of assets during the divorce process without a valid reason, the court may view it as an attempt to hide or waste marital property.

Courts scrutinize the intent behind the sale of assets closely. For example, if a spouse sells a car, cashes out a retirement account, or liquidates a joint investment to reduce the pool of divisible property, that action may be considered marital dissipation. Dissipation occurs when one party intentionally depletes marital assets to deprive the other spouse of their share.

If the court determines that the asset sale was made in bad faith, such as trying to avoid equitable distribution or punish the other spouse, the court can order compensation. This may include awarding a larger portion of the remaining marital property to the other spouse or requiring the selling party to reimburse the marital estate.

Because intent is a subjective factor, having a knowledgeable divorce attorney can help gather the documentation and evidence necessary to support or challenge a questionable asset transfer.

When Selling Marital Assets Is Allowed During Divorce in Colorado

While selling assets during divorce can raise red flags, there are exceptions where asset sales are legally permissible under Colorado law. In some cases, the sale is necessary or agreed upon, and does not negatively impact the division of marital property.

The most common legal exceptions include:

Mutual Agreement Between Spouses
If both spouses agree in writing to sell a marital asset, such as the family home or a jointly owned business, the sale can usually proceed without issue. This is often done to pay off joint debts or to split the proceeds evenly.

Court-Approved Sales
When an asset sale is needed to cover marital expenses, legal fees, or essential living costs, a spouse can request court approval. The court will weigh whether the sale is necessary and fair. In some cases, temporary orders issued during the divorce proceedings may specifically authorize the sale of assets.

Business or Investment Necessity
If one spouse owns a business and the continued operation requires liquidating or selling certain assets, the court may allow it, especially if it supports income generation for both parties during or after the divorce.

To protect your financial interests, it is critical to consult with a Colorado family law attorney before selling any assets while a divorce is pending. Improper sales, even without malicious intent, can lead to legal complications or affect how the court divides the remaining property.

Protecting Your Assets

If you think a divorce may be nearing for you and your spouse, it may be a good idea to start protecting your assets immediately. Even if you don’t suspect your spouse will hide or sell assets, taking precautions can save you a lot of trouble later. Being proactive can help you avoid misunderstandings and ensure a fair division of property.

• Set up a financial agreement. Before or during a divorce, set up a financial agreement that outlines what you and your spouse agree on about assets. It can prevent misunderstandings and protect your interests.
• Monitor financial accounts. Make sure to keep an eye on your financial accounts, watching for any unusual activity. If you see something odd, report it to your lawyer immediately.
• Stay informed. Know where your money and property are and how it’s being used. This knowledge can help you protect yourself during a divorce.

Taking these steps can give you peace of mind and better control over your financial future.

Take Action to Protect Your Assets with Plog & Stein P.C.

It can be stressful to think that your spouse may be hiding money or marital assets. But you have options. Reading this blog to learn more about the law related to marital and separate property is a great step in protecting yourself. Remember, you have the right to ensure you get a fair share—do not let your spouse convince you otherwise. To confirm your interests in the marital property, it’s best to speak with a family law attorney, like the ones at Plog & Stein P.C.

Serving Colorado since 1999, Plog & Stein P.C. focuses solely on family law cases. We have guided thousands of clients through divorce, always striving for the best outcomes. We understand that you only get one chance to secure your assets during a divorce, and our dedicated team is committed to making sure you get the right result.

Let us put our extensive experience and deep understanding of Colorado divorce law to work for you. Call or contact us online today to learn more about protecting your assets during a divorce.

Some divorcing spouses spend more than the reported average, while others spend less. And if you have questions about what a divorce could cost you (legally and financially), talk to our experienced family law attorneys at Plog & Stein P.C. Our team of attorneys has over 50 years of combined experience, and we create sensible and effective solutions for each client.

Table of Contents

1. How Much Does a Divorce Cost in Colorado?
   1. Filing Fees and Legal Costs
   2. Divorces Involving Children
   3. Attorney Fees
      1. Unbundled services
      2. Flat fees
   4. Uncontested vs. Contested Divorce
   5. Expert Fees
2. Our Attorneys Can Help

How Much Does a Divorce Cost in Colorado?

The answer to how much is a divorce in Colorado has many elements. The cost of a divorce depends on:

• Filing and court fees,
• Attorney fees,
• Whether your divorce is contested or uncontested,
• Case complexity,
• How many expert witnesses you use, and
• Whether your case involves children.

In general, the range of divorce costs could be from $4,000 to more than $15,000. Below is an overview of the typical costs associated with getting divorced in Colorado.

Filing Fees and Legal Costs

The first cost you encounter when filing for divorce is the filing fee. How much does it cost to file for divorce in Colorado? As of 2024, the filing fee for a divorce petition is $230. If you are unable to afford the filing fee, you can request a fee waiver by filing a Motion to File Without Payment that includes detailed information about your financial status. The court will review your financial situation and determine whether to grant the waiver.

Unless they waive personal service (which often happens in an uncontested divorce), you generally must have your divorce petition personally served on your spouse. Personal service means personal delivery of the paperwork by a sheriff, a private process server, or an adult who is not involved in your case. Completing this step could cost you around $100 or more.

Divorces Involving Children

When it comes to the average cost of a divorce in Colorado, a divorce that includes children can cost significantly more. Reports have shown that the average Colorado divorce cost for couples without children is just north of $10,000 while the average cost for a divorce with kids is over $15,000. Making sure that the court makes an appropriate decision regarding custody and child support can require more court time and expert analysis.

Attorney Fees

Yes, attorney fees can be a significant expense in most divorce cases, but facing a dissolution without counsel could cost you a larger share of the marital estate or a larger share of your custody rights in the long run. Rates for divorce attorneys can be several hundred dollars per hour and can increase or decrease based on factors such as the attorney’s experience and the complexity of the case. An attorney may also charge a flat fee for their services or may allow you to pay for unbundled services (which can save you a lot). When it comes to divorce cases, we offer all of the payment options we just mentioned.

Unbundled services

With an unbundled services plan, you can hire one of our attorneys to handle a small portion of your divorce case without hiring us for the full experience. This could mean that we draft a divorce agreement for you or attend a mediation with you, but we don’t handle your divorce trial.

Flat fees

Instead of charging by the hour, an attorney may charge their client a flat fee (typically several thousand dollars) to handle a divorce case from start to finish. An attorney might also charge a standard flat fee for unbundled services.

Uncontested vs. Contested Divorce

In an uncontested divorce, both parties agree on all major issues, which typically results in fewer expenses. The costs are lower for multiple reasons, including:

• Uncontested divorces typically don’t take as many billable hours to finalize as contested divorces;
• Because they agree on all issues, parties in uncontested divorces may not have to pay additional experts to review and make statements about divorce-related matters;
• Uncontested divorces tend to require fewer trips to the courthouse, reducing travel expenses and days missed from work; and
• A party in an uncontested divorce may have an easier time paying for unbundled attorney services (such as negotiation or drafting of a divorce agreement).

In a contested divorce, a spouse may be subjected to protracted proceedings that require multiple motions (which include fees), increase billable hours, and could involve fees for expert opinions and witnesses.

Expert Fees

In more complex cases, expert fees might be necessary. Expert fees can be a significant cost of divorce in Colorado and can include fees for the opinions of:

• Healthcare professionals,
• Education experts,
• Property appraisers,
• Occupation professionals,
• Business appraisers, and
• Financial experts.

Typically, these professionals charge hundreds of dollars per hour for their time and expertise, potentially adding thousands to the cost of a divorce.

Our Attorneys Can Help

Legal matters may be expensive, but the help of a good attorney is money well spent. At Plog & Stein P.C., our legal team is award-winning and offers effective and customized options to each client we represent. If you need help in your divorce case, you can call us or contact us online.

Divorce is never easy, and questions about financial security can add to the stress. Every situation is unique, but with the right guidance, you can navigate this transition and work toward a fair resolution that supports your future stability. GET HELP HERE

Understanding your rights in a divorce can help you better assert your position in court or the negotiation room and may help you take away a larger share of the marital property than if you proceed in an uninformed fashion. But the most effective tool you can use to help ensure you get everything you deserve when your marriage ends is the counsel of a knowledgeable and skilled attorney. At Plog & Stein P.C., we have decades of experience and focus exclusively on family law matters. We are here to be your advocates when there are changes in your marriage and to make sure you walk away with everything you are entitled to.

Table of Contents

1. Dividing Assets in a Divorce
   1. What Does the Court Divide?
   2. How Does the Court Divide Assets?
   3. What If My Spouse’s Misconduct Is the Reason for the Divorce?
2. What About Spousal Maintenance?
   1. What Is a Military Spouse Entitled to After Divorce?
3. Schedule a Consultation with Our Experienced Denver Family Lawyers today!

Dividing Assets in a Divorce

So, what is a wife entitled to in a divorce? And what is a husband entitled to in a divorce? In general, husbands and wives are entitled to the same things when divorcing, and what they receive in divorce decrees depends on the unique facts of their cases.

What Does the Court Divide?

Typically, a divorce court divides only the marital property among the spouses and not the separate property. Under Colorado law, marital property is whatever you and your spouse obtain during your marriage, except for the following:

• Any property you or your spouse receives by descent, bequest, devise, or gift;
• Any property you and your spouse have validly agreed is not marital;
• Any property you or your spouse acquired in exchange for property owned before the marriage or property received by bequest, gift, descent, or devise; and
• Any property you or your spouse acquired after a decree of legal separation.

Determining what property is marital and what is separate is not always a simple task. It is a task that will be done through either settlement discussions or a court hearing. Once the marital estate has been determined, meaning what is marital and what is separate, the marital assets can then be divided. While Colorado law requires an “equitable” or fair division, spouses don’t always agree on what that means.

How Does the Court Divide Assets?

Colorado divorce courts divide marital assets based on the following factors:

• The economic circumstances of you and your spouse,
• The contributions you and your spouse have made to the acquisition of the marital property (this includes contributions as a homemaker),
• The value of the property set apart to you and your spouse, and
• Any decreases or increases in each spouse’s separate property during the marriage.

When considering these factors, the court can also take into account the desirability of giving the family home to the spouse who has the children the majority of the time. Depending on the circumstances, the court may also divide the proceeds of any business you or your spouse owns.

What If My Spouse’s Misconduct Is the Reason for the Divorce?

When it comes to justly distributing marital assets, Colorado courts typically do not take fault for the divorce into account. In fact, Colorado is a no-fault divorce state. However, actions that your spouse has taken to deplete your property or income during your marriage might garner you a larger share of the marital estate when divorcing.

What About Spousal Maintenance?

Sometimes, one spouse’s financial obligations to the other extend beyond the finalization of the divorce and the share of the marital estate that the other receives. Some spouses are entitled to spousal maintenance, but this is not a given in every case. You must request maintenance in your divorce. And if the court grants your maintenance request, the duration and amount of your payments will be based on an array of statutory factors, with the judge ultimately determining what is fair and equitable for you and your spouse.

A judge looks at the following when making decisions regarding whether to award maintenance:

• The financial resources each spouse has,
• The gross income each spouse receives,
• The reasonable financial needs that were established during the marriage,
• Whether maintenance awarded would be federally taxable for the recipient and deductible on the payer’s federal income taxes, and
• The marital property awarded to each spouse in the divorce.

Once the court has conducted this analysis and made its decision, it moves on to calculating how much the maintenance award should be and how long it should last.

The amount of maintenance you could be entitled to depends on how long you were married and the resources that you and your spouse have. In general,the duration of maintenance could span from a few months to a lifetime. Divorce courts tend to follow intricate guidelines regarding the amount and duration of maintenance. Those guidelines may not apply to marriages with high income earners. We can help you work through these guidelines and ensure that you receive the maximum available to you under the law.

What Is a Military Spouse Entitled to After Divorce?

If you or your spouse is in the military, you still divorce under state law, and the court still divides assets and makes determinations regarding maintenance as outlined above (although your rights to installation housing end quite quickly). However, a former spouse of a military member could have additional rights.

Former spouses of military members could be entitled to the following privileges until they remarry:

• Exchange,
• Commissary,
• Medical, and
• Theater.

To be eligible for these privileges, you have to have been married to the military member for at least 20 years, and that military member has to have 20 years of creditable service under their belt. Please note that if you are active duty military or a veteran, our attorneys offer 10% off their hourly rates.

Divorce courts have a lot of discretion when making decisions about the division of assets between spouses, which means you have an opportunity to state your case based on your financial circumstances, what type of work you put into the relationship, and your post-divorce needs. Our experienced attorneys at Plog & Stein P.C. can evaluate all the facts of your case and present them in the best light to make sure the judge gives you your due.

Schedule a Consultation with Our Experienced Denver Family Lawyers today!

Our attorneys at Plog & Stein P.C. know how to smooth out the rough edges of any divorce and make sure you depart with what you deserve. We have combined decades of top-rated experience that is exclusively focused on family law matters. If you need help with the dissolution of your marriage, you can look to us. Please give us a call or contact us online to schedule an appointment.

Research on divorce in the United States has primarily focused on the impact of marital dissolution on the civilian population. However, like many civilians who struggle with balancing multiple roles, military members face additional unique challenges during a divorce. U.S. service members often experience numerous and potentially lengthy deployments, sudden station changes, and other events that can impact their divorce proceedings.

Colorado family law statutes largely govern military divorces. However, there is a wide range of issues in the military divorce process which require a comprehensive understanding of complicated statutory, evidentiary, and procedural rules. An experienced attorney can help military members or their spouses understand their rights and remedies during and after a divorce.

Divorce in the Military

Comparing the exact rate of military to civilian divorces is difficult as they are measured differently. However, data indicates that military service members have one of the highest divorce rates of all occupations. According to the U.S. Census Bureau American Community Survey data, the overall divorce rate among military members is about 3.09%, double the national divorce rate of 1.6%. Divorcing in the military can be an arduous and complicated endeavor. Individuals going through this process should work with a lawyer to avoid unnecessary complications.

How Does Military Divorce Differ from Civilian Divorce?

The primary differences between military and civilian divorce are the laws governing the cases. State laws generally govern civilian divorces, whereas military divorces might involve state and federal laws. The two primary federal laws regarding military divorces are the Federal Servicemembers Civil Relief Act (SCRA) and Uniformed Services Former Spouse Protection Act (USFSP).

Federal Servicemembers Civil Relief Act (SCRA)

The SCRA provides several protections for service members. The two protections relevant to family law cases involve the stay of civil proceedings and relief from civil judgments.

Stay of Civil Proceedings

Under 50 U.S. Code § 3932, courts may stay proceedings for at least 90 days on the court’s own motion and must stay proceedings upon application by a service member who meets specific criteria. The criteria include the following:

• The applicant is in military service or within 90 days of their service ending,
• The applicant has actual notice of the proceeding,
• The application is in writing and includes relevant facts, and
• The application includes communication from the service member’s commander that the military duty prevents appearance and leave is unavailable.

It is important to note that judges do not consider an overseas station as a criterion that materially affects a military member’s ability to appear.

Protection from Default Judgments

Under 50 U.S. Code § 3931(a), service members have the right to set aside a default judgment. However, if the court enters a default judgment, the military member can reopen the judgment and allow the service member to defend their position.

Uniformed Services Former Spouse Protection Act (USFSP)

The USFSP provides authority to state courts to treat retired pay as marital property subject to division. In addition, the USFSP applies to disability compensation, calculations of benefits, the 10-year rule, and survivor benefit plans.

5 Things to Know About Military Divorce

Military families typically encounter challenges that civilian families do not face. These differences are more keenly seen during divorce proceedings and other family law cases. Understanding the special considerations that apply to divorces involving military families is crucial to reducing the challenges that might otherwise occur.

Jurisdiction for Military Divorce

There are typically three places where a divorce involving military members can be filed. A military divorce can be filed in the following places:

• Where the service member resides,
• Where the service member’s spouse resides, or
• Where the service member is currently stationed.

Pursuing a divorce overseas can elicit additional complications. But generally, a valid and binding divorce can only be granted in the “true legal home” of one of the parties. The true legal home refers to places where either party can vote, pay taxes, own a home, or qualify for in-state college tuition.

Division of Marital Assets

Courts will only divide “disposable retired pay” when determining asset division during a divorce involving military members. Disposable retired pay refers to the service member’s full military pension minus certain deductions. For example, VA disability benefits are not a part of the military pension; thus, a court cannot divide it between divorcing spouses.

10/10 Rule for Military Divorce

However, ex-spouses may be eligible for direct payment of their former military member’s retirement benefits through the Defense Finance & Accounting Service (DFAS). Under the 10-year rule, an ex-spouse qualifies for direct payment of benefits if they were married to the servicemember for at least 10 years, and those 10 years overlapped with 10 years of military service. However, spouses who do not meet these requirements must secure retirement benefits directly from their ex-spouse rather than the DFAS.

Tax Considerations of Military Divorce

There are various tax consequences individuals should consider during a military divorce. These tax implications impact how much a retiree can deduct from their military pension payments to their former spouse. Conversely, the non-military spouse must address the pension payments they receive on their taxes.

Child and Spousal Support

Divorcing military spouses must consider the military’s rules on child and spousal support in conjunction with the state’s regulations where the divorce was filed. Like civilian divorces, courts consider family support obligations by examining each spouse’s income. However, courts calculate income using a Leave and Earnings Statement. In many instances, things such BAH (basic allowance for housing), are going to be included as income when assessing child support and maintenance.

Child Custody

A parent’s military status does not change that parent’s right to custody. However, Colorado courts may consider a parent’s military status when allocating parental responsibilities. For instance, the court may evaluate how deployment would impact visitation or custody.

In addition, a military divorce can affect other benefits such as housing, insurance, and commissary access. An attorney can provide invaluable advice and representation during a military member divorce case.

Learn More About What Military Members Should Know When Divorcing

If you are in the military and contemplating filing for divorce, or if you recently learned that your spouse intends on filing, it is important that you work with a divorce lawyer who has specific experience handling military divorces. At the Colorado family law and divorce law firm of Plog & Stein P.C., our dedicated attorneys take pride in helping service members navigate the often complex legal issues they are confronted with, including divorce. Our military divorce attorneys offer a 10% discount to active-duty military and veterans. To schedule a consultation with a lawyer today, reach out to Plog & Stein P.C. today at (303) 781-0322. You can also reach us through our secure online contact form.

Making the decision to end your marriage is never easy. However, matters can become even more complicated when children are involved. Parenting through a divorce can be extremely difficult. But before even getting to that stage, it’s important to have a conversation with your children.

Thousands of couples each year, many of whom have children, make the difficult decision to get a divorce. Thus, if you’re wondering how to go about what to say when your child asks why you got divorced, you are not alone.

Here are 6 tips on how to tell your kids you are getting a divorce, along with some additional factors to consider depending on your child’s age.

Tip #1: Plan Out What You Want to Say

For most couples, the decision to divorce is made only after extensive thought and consideration. It would be best to use the same care when deciding how to break the news to your children.

Due to the sensitive nature of this conversation, you will want to be as clear and concise as possible, avoiding language that might confuse or upset your children. Of course, no amount of practice will make for a perfect conversation. However, planning what you want to say can make things go much more smoothly.

Tip #2: Select an Appropriate Time and Place

As noted above, you’ll want a plan for what you intend to say, but the where and when to say it is another essential choice.

There will never be a perfect time to tell your child or children you are getting a divorce. No matter how well you prepare, this will be an emotional and stressful conversation for everyone involved. So it is best to make your child feel as comfortable and relaxed as possible.

It’s generally a good idea to have this conversation in a quiet and private location without distractions or risk of interruptions. Further, if possible, try to select a time when they don’t have schoolwork or other stressors on their minds.

Tip #3: If Possible, Have the Conversation with Both Parents and All Children Present

Although you may have decided to end your marriage, there is value in presenting a united front and telling your child or children of your decision together at the same time. Doing so can help reduce potential miscommunications that may materialize if each parent has a separate conversation with their child. Moreover, when multiple children are involved, having this discussion with all children present can better prevent hurt feelings that could arise if one sibling hears the news before another.

That said, depending on your relationship with your spouse, this may not always be feasible. So don’t feel like you need to tell your children about your decision to divorce together—always use your best judgment and do what’s best for your family.

Tip# 4: Be Honest (Within Reason)

That said, depending on the circumstances, some things may not need to be discussed in detail or brought up at all in this initial conversation.

For example, if one party to the relationship has engaged in an extramarital affair, bringing up these details with your children can lead to emotional turmoil, picking sides, and a number of other potentially negative consequences. Rather, consider framing this in a way that is honest but refrains from disclosing details that your children may find especially upsetting. Simply stating that you are not happy together anymore or that you both decided you want to see other people might be a more appropriate and effective way of communicating the reasons for the divorce.

Again, when in doubt, use your best judgment and try to provide simple and age-appropriate details while remaining honest. It should be noted that oversharing with your child can be construed by some judges or child custody experts as an attempt to manipulate the children, which can have a negative impact when it comes time for custody determinations to be made.

Tip #5: Things Not to Say to a Child of Divorce

Telling your child that you are getting a divorce is a conversation that should be handled delicately. Let’s look at some things you should avoid communicating to your kids when you’re planning to get a divorce.

• Never blame your child for the divorce, either directly or indirectly.
• Do not criticize or speak negatively about your spouse, no matter how angry you are at them. Save that talk for your therapist or friends, but keep it out of earshot of your children.
• Never encourage secrecy or ask your child not to talk about the divorce. Leave the door open for them to come to you in the future with questions or concerns.
• Do not discourage contact between your child and their other parent unless abuse is involved. And if your child’s well-being is in jeopardy, seek a protective order from the court.
• Never minimize your child’s feelings surrounding your decision to get a divorce. Allow them to express their emotions.

While there’s no formula on how to correctly navigate this difficult discussion, there are some things that are better left unsaid.

Tip #6: Encourage Questions

When telling your children you plan to get a divorce, one of the best things you can do is make sure they feel heard and understood. You will want to ensure they know this is a two-way conversation with room for them to ask questions.

Some children may not have any questions immediately. But after the news settles into their minds, it’s important they know that they can bring up any questions and voice their concerns.

Age-by-Age Considerations

You may also need to approach the conversation differently depending on the age and maturity level of your child. Here are some age-by-age considerations to take into account when it comes to discussing divorce with your child.

Toddlers (1-3 Years)

In reality, toddlers are too young to understand complex concepts such as divorce. So trying to discuss the situation with a toddler will likely be unproductive and cause confusion.

It might actually be best to avoid this conversation until your child is older. Rather, at this stage, what matters most is ensuring that you maintain a steady routine as much as possible and continue to provide your toddler with a stable, supportive, and loving environment.

Preschoolers to Early Elementary (4-8 Years)

As toddlers progress into childhood, they will start becoming more aware of their emotions while gaining a basic understanding of relationships. Accordingly, they may now be able to grasp the concept of separation and divorce at a higher level.

That said, young children in this age range may still have difficulty processing, understanding, and expressing their emotions. Further, many children of this age are fearful of abandonment and may blame themselves for your divorce. As such, it is imperative that you keep the conversation simple. Make sure they know that you both still love them and the split has nothing to do with them. Continue to provide reassurance and affirmations of your love and support.

Preteens to Early Teens (9-15 Years)

The preteen and early teenage years are often a period of vast mental and emotional growth and development. Children in this age range will begin to develop more and more interpersonal relationships outside the home. They will likely also be more aware of their surroundings.

Thus, it is especially important not to keep the fact of your impending divorce a secret from children this age. It’s likely that they may have already sensed a shift in the relationship between you and your spouse, and failing to be upfront and honest with your child can lead to feelings of mistrust and betrayal.

Late Teens (16-18)

Most children in their late teens will have a much more mature understanding of relationships. As a result, they may have questions about your decision to get a divorce and how it might impact their future.

Try your best to be open and honest, answer their questions to the best of your ability, and treat them with a level of respect and seriousness that a young adult of their age deserves.

Speak with an Attorney at Plog & Stein P.C. Today

Your children are precious, and telling them about your decision to get a divorce can feel overwhelming. While there is no one-size-fits-all approach, our hope is that these tips will provide you with some guidance on how to navigate this difficult conversation.

If you are going through a divorce and are in need of legal support, give the Colorado divorce attorneys at Plog & Stein P.C. a call. Since 1999, we have assisted thousands of clients through some of the most difficult times in their lives, and we hope we have the opportunity to help you in your time of need as well. When you’re ready to get started, contact us to see how our team can fight for your rights today.

Few life experiences are as stressful as ending a marriage. While the overall divorce rate in the country has declined over the past few decades, marital dissolution for those in the military has climbed since 2001 and reached an all-time high in 2011. High divorce rates and complex family dynamics and living situations make military divorces in Colorado a complicated endeavor. In addition to the typical issues that arise during civilian divorces, military divorce entails unique property and asset division issues.

Those considering or in the middle of a military divorce should consult with an experienced attorney to learn about what can be divided in a divorce. A family lawyer can help military families understand how jurisdiction, property and asset division, and other issues impact military divorces.

Table of Contents

1. Military Divorce in Colorado
2. What Is a Military Spouse Entitled to in a Divorce?
   1. USFS Protection Act
   2. Dividing Military Retirement Pay
   3. Division of Retirement Pay for Active Service Members
   4. Division of Retirement Pay for Retired Service Members
   5. 10/10 Rule
   6. Division of Marital Debts
3. Learn More About What Can Be Divided in a Military Divorce

Military Divorce in Colorado

Colorado uses the term “dissolution of marriage” instead of “divorce.” However, the words mean the same thing: the legal ending of a marriage. Given the nature of military service, many military members reside in a different state now than they did when they were married. Further, it is common for a person to be a legal resident of a completely different state than where they are stationed. Thus, the initial matter in military divorce cases is whether Colorado has jurisdiction to hear the case.

Under Colorado law, at least one spouse must reside (be domiciled) in Colorado for at least 91 days before the filing of the divorce action. The court will examine various factors to determine whether either party has a domiciliary in Colorado. Just being stationed in Colorado may not confer jurisdiction upon the Colorado courts.

What Is a Military Spouse Entitled to in a Divorce?

Colorado views marriage as a partnership and considers almost all property acquired during a marriage as “marital property.” Under this framework, courts divide all marital property regardless of the spouse’s name on the title, deed, or ownership paperwork. Courts must divide this property under the theory of equitable distribution. However, equitable means fair and is not necessarily a 50/50 split. Moreover, non-marital property is separate property and is not subject to division. Classifying separate and marital property can be challenging, but your lawyer can help you distinguish between the two as it relates to your marriage.

USFS Protection Act

The Uniformed Service Former Spouses’ Protection Act (USFS Protection Act) authorizes Colorado state courts to divide military retired pay as a marital asset. It also provides a way of enforcing child support and spousal maintenance from retired service members.

Dividing Military Retirement Pay

Military retirement is one of the most contested and valuable assets in a military divorce. The USFS Protection Act provides former spouses of military members the right to share a portion of the military member’s retired pay. Under Colorado law, courts consider non-vested military pensions as marital property. Further, the value of a military pension is based on when the service-member retires, not the time of the divorce.

Division of Retirement Pay for Active Service Members

Active service members must still consider retirement pay subject to marital property division. The 2016 National Defense Authorization Act (NDAA) governs retirement pay issues for active military personnel. Under the NDAA, the “frozen benefit rule” determines the division of military retirement.

The former partner’s retirement share is “frozen” as of the date of the divorce. As such, any post-decree promotions or increases in retirement payments are not subject to marital property division. In rare cases, Colorado courts use the net present value (NPV) of the marital share and award that amount to the spouse.

Division of Retirement Pay for Retired Service Members

Colorado courts typically use the Hunt/Gallo formula when dividing retirement pay after a divorce involving retired service members. Under this formula, courts divide the number of months of military service during the marriage by the total months that the military spouse served. The other spouse is generally entitled to half of that total.

10/10 Rule

Military retirement benefits are available to qualifying ex-spouses regardless of the length of the marriage. However, if the couple has not been married for 10 years, the service member must pay their ex-spouse directly, meaning the military retirement is not subject to a dividing order.

On the other hand, a qualifying ex-spouse may apply for direct payment of the retirement benefits through the Defense Finance and Accounting Service (DFAS) if they meet the requirements of the 10/10 rule. Under 10 USCS § 1405, creditable service under the 10/10 rule includes the years a service member was eligible to receive active duty pay. Specific periods are excluded from creditable service, such as the following times:

• During AWOL status;
• Periods of incarceration; and
• Lost time due to an injury caused by the service member’s misconduct.

Creditable years for reservists are years during which the service member accrued at least 50 points. For reference, reservists accrue 15 points every year for being in the reserves, plus an additional point for every day of actual service. However, if a spouse is married for at least 10 years overlapping military duty, it does not matter if the 10 years are all active, all reserve, or a combination thereof.

Division of Marital Debts

Military couples divorcing in Colorado must determine which party will pay any relevant debts. Courts can order the division of marital debts. But even when a judge orders one spouse to pay a debt off, a divorce does not end the spouse’s liability from the creditor’s viewpoint. This is because divorce is a settlement between the partners and does impact a creditor’s rights.

Learn More About What Can Be Divided in a Military Divorce

If you or your spouse are in the military and you believe that divorce is on the horizon, it’s important you prepare for what lies ahead. At the Colorado divorce law firm of Plog & Stein P.C., our dedicated attorneys take pride in helping those who served our country. Our firm offers a 10% discount off of the attorney’s hourly rate for active duty military and veterans. We understand the challenges that come up during military divorces, and we know how to fight to ensure our clients are treated fairly. To schedule a consultation with a lawyer today, give Plog & Stein P.C. a call today. You can also reach us through our secure online contact form.

Nobody enters into marriage hoping it will end in divorce. Nevertheless, couples choose to seek a divorce for a variety of reasons each and every day. In fact, according to the National Center for Health Statistics, in 2021, the divorce rate in Colorado was 2.9 divorces per 1,000 residents.

If you are considering ending your marriage in Colorado, it’s important to know what options are available. Depending on the facts surrounding your case, you might benefit from pursuing an uncontested divorce.

Not sure what an uncontested divorce is or whether it might be a good fit for your situation? Read on to learn more about the pros and cons of an uncontested divorce in Colorado and how the family law attorneys at Plog & Stein P.C. can help you move forward.

An Overview of Uncontested Divorce in Colorado

Going through a divorce can be complicated and emotional for everyone involved. Under certain circumstances, however, the parties may be able to pursue an uncontested divorce, which can greatly simplify the process.

An uncontested divorce is one in which the spouses are able to amicably agree to the terms of their divorce without the need for court intervention. Notably, the parties must agree to all material provisions regarding the dissolution of their marriage, including:

• Spousal maintenance,
• The distribution of property, and
• The allocation of parental responsibilities, child support, and parenting time for any mutual children.

Under the best conditions, the parties will be able to come to agreement on all issues, before a case is even filed with the court, and put those terms into a written separation agreement setting forth the agreed-upon terms of the divorce.

Generally speaking, unless any of the terms are completely outrageous, the court will enter a decree of dissolution. This decree formally terminates the marriage, and orders the parties to comply with the terms set forth in the separation agreement.

Start Your Case Evaluation Here

What’s the Difference Between Contested and Uncontested Divorce in Colorado?

As the name implies, an uncontested divorce must be uncontested. Thus, it is a contested divorce if both parties cannot agree on any issue—such as how to divide the property or split parenting time for any minor children.

When a divorce is contested, the parties will need to present their respective arguments in court, where a judge will make a final determination on any disputed issues.

Pros of an Uncontested Divorce in Colorado

An uncontested divorce has many benefits that make it a worthwhile option to consider for divorcing parties. Below are some common pros of an uncontested divorce in Colorado.

Lower Costs

Legal proceedings can be expensive, and a divorce is no exception. There will be a number of filing fees, potential expert costs, potential legal fees, and other costs associated with pursuing a contested divorce. Also, if you cannot resolve your disagreements, your case will go to trial, and trials cost money. There is no legal requirement that you hire legal counsel. But when the stakes are high, going it alone can be risky. If you have no legal training and try to take your case to trial, the chances are good that you will make mistakes that could cost you. But hiring a lawyer to take your case all the way through trial can be financially costly.

Uncontested divorces never have to go to trial. With an uncontested divorce, there will be fewer documents to prepare and file, and you will spend much less time in court. As a result, an uncontested divorce is typically much less financially costly than a contested divorce.

Less Stressful

An uncontested divorce is also far less stressful than a contested divorce. The emotional strain of a divorce where you just can’t see eye to eye is difficult to quantify. But it is safe to say that the ability to compromise and work through your issues amicably puts far less pressure on everyone involved.

Quicker Process

In addition to being less expensive and less stressful, an uncontested divorce is also much quicker and more efficient than a contested divorce. This is due to the fact that an uncontested divorce will not require various litigation steps or a lengthy trial, making it a more appealing option for many individuals. A Colorado divorce can be done in 91 days of either filing or service of process. Many uncontested divorces are done within this time frame. Contested divorces can take 6 months or more.

More Privacy

A lesser-known advantage of an uncontested divorce, as compared to a contested divorce, is the level of privacy afforded to the parties.

Contested divorces can frequently become contentious, and the parties’ personal details will likely be disclosed in court filings, discovery documents, and at trial. However, because you typically resolve an uncontested divorce without extensive court appearances or public court filings, the parties’ personal information will likely remain private and out of the public eye.

If you are facing a divorce, you don’t have to navigate it alone. The Denver divorce attorneys at Plog & Stein are ready to stand by your side and help you through this difficult time. Contact Us

Cons of an Uncontested Divorce in Colorado

Although there are a number of advantages to an uncontested divorce, there are some key drawbacks to be aware of as well. Below are some examples of cons associated with an uncontested divorce in Colorado:

• It might take the parties a significant amount of time to come to an agreement on all of the terms of the divorce;
• Any disparity in knowledge or bargaining power between the parties can lead to unfair and unequal negotiations, i.e., if your partner is hiding anything you might not find out in time;
• Because agreement to all terms of the divorce is necessary, the parties may have to compromise on certain issues that are important to them; and
• The parties will not get an opportunity to present their case at trial.

While an uncontested divorce can be great in some cases, it may not be the right option for everyone. The key is whether the terms you are agreeing to are acceptable mapped up with the outcome you believe you could gain going to trial. If you’re not sure whether an uncontested divorce makes sense for your situation, contact us to discuss your case.

Contact Our Attorneys Today

Going through a divorce can be a complex and stressful process. However, an uncontested divorce can give the parties a more efficient and cost-effective way to terminate their marriage.

If you have questions about the pros and cons of an uncontested divorce in Colorado, give our team a call. At Plog & Stein P.C., our family law attorneys have been helping clients navigate the ins and outs of divorce since 1999. Contact us today to discuss your case and see if an uncontested divorce might be right for you.