By: Sarah T. McCain When you commence either a divorce case or a child custody case in Colorado, you will inevitably hear the word “jurisdiction.” Though this term is mentioned in more detail in other blog posts, in summary, the term is referring to personal and subject matter jurisdiction. To acquire personal
In Denver area divorces, a court is charged with the responsibility of equitably dividing marital property under C.R.S. 14-10-113. Marital property is generally defined as any property acquired during the marriage, regardless of how that property is titled. The exception to this general rule is for property acquired by a spouse by
By: Stephen J. Plog Having practiced family law in Colorado for over 20 years, I’ve seen many situations in which one party or the other in a divorce case has, or both have, changed their mind about an aspect of the divorce case, including whether to proceed with the case at all.
By: Sarah T. McCain In every Colorado divorce proceeding, the court will require each party to complete and file a Sworn Financial Statement. This requirement regarding financial disclosures in a divorce comes from C.R.C.P. Rule 16.2. Among the variety of items that you are required to list on that SFS is debt,
By: Curtis Wiberg In a typical divorce where a couple are owners of a home, that home is often one of the most valuable assets of the marriage, and the issues of possession and division of the net equity can become a greatest sources of dispute. The court is tasked with a
By: Sarah McCain I recently read an article listing current divorce statistics and providing eight divorce horror stories from both the client and the lawyer’s perspective. The stories ranged from issues with excessive fees, fraud, disappearing spouses, and those with a second life. While these stories are obviously extreme examples, what connected
By Michelle L. Searcy In my most recent article, I discussed methods of your assuring separate property remains separate in terms of preserving good evidence for use in a dissolution of marriage (divorce) case. However, Colorado statutes still define marital property as including increases in the value of separate property during the
By: Janette Jordan There are two types of name changes that occur in a family law case: the restoration of the Wife’s name to her maiden name or other previous name and the changing of the name of a minor child in a divorce or custody case. In a divorce case, if
By: W. Curtis Wiberg In a divorce case, a higher income earning spouse may be “on the hook” to pay maintenance (alimony) and child support. There are divorces, however, in which this higher-income earning spouse is in his or her sixties and nearing retirement age. Some dads have children when they are
By: Michelle L. Searcy In Colorado, everything acquired by either party during a marriage is presumed to be marital property regardless of title or possession, with a few limited exceptions. Section 14-10-113(2), C.R.S. lists those exceptions as: Property acquired by gift, bequest, devise or descent; Property acquired in exchange for property acquired
