Are you looking into divorce but need help figuring out where to start? If you’re considering divorce, you might have heard about “no-fault divorce,” but you’re not exactly sure what that means or if it’s the right option for you. Facing the idea of divorce can feel crushing when you’re dealing with emotions, especially when…
Continue reading ›Articles Posted in Property Division
What happens to the family home when divorcing? One of the most pressing concerns for many when facing divorce is understanding how the court will divide their property. Like most states, Colorado has specific laws distinguishing between marital and separate property. What is considered marital property in Colorado? Today, we will attempt to answer that…
Continue reading ›Property division is one of the most complex and emotionally charged issues in a Colorado divorce. Many clients ask what happens when separate property increases in value during marriage. Does that increase remain separate, or does your spouse have a claim to it? In Colorado, the answer depends on multiple factors, including whether the increase…
Continue reading ›In my experience, nothing seems to annoy a judge more than being required to allocate who gets the personal property acquired during a marriage – TVs, beds, tables, paintings, etc. Accordingly, most attorneys tell their clients to try figure it out among themselves. When valuing personal property in a divorce, unlike insurance valuations, courts generally…
Continue reading ›By: Jessica A. Saldin In most divorce cases, the parties are either still living together when the case begins or have recently separated. However, it is also not uncommon for parties to have separated several months, or even years, before the divorce case is filed. In my experience that can be for a variety of…
Continue reading ›In prior blog posts, we have discussed the duty of financial disclosures in a divorce. Under Colorado Rule of Civil Procedure 16.2 (e), Colorado law not only requires an absolute duty to disclose one’s financial situation, but also how a failure to accurately disclose, whether by non-disclosure or misstated disclosure, allows a court to re-allocate…
Continue reading ›By: Sarah T. McCain When dividing property and debts during your Colorado divorce proceeding, there are a number of factors to consider prior to simply dividing the property equally down the middle. There are a number of articles on this blog addressing what is marital property and what is not. Please review those postings for…
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