If you are facing the dissolution of your marriage, we imagine you have several questions about what to expect. In addition to your queries about how your family dynamic will change and how long the process will take, you probably want to know how the court will divide your assets. Each spouse
By: Sarah T. McCain It’s been a few years since we last wrote about how to deal with your marital home in a Colorado divorce. The last time we wrote a substantive post, the real estate market, like the rest of the economy, as largely in a big hole.
By: Stephen J. Plog Colorado is an equitable division state. During a divorce, the court seeks to divide marital property equitably or as fairly as possible under the given circumstances. This often begins with the court first determining value and then dividing the marital property equally. Keep in mind that “equitable” does
Getting a divorce will change many things in your life, including property ownership. If you received sole ownership of the family home in your divorce in Colorado, you may need to remove your spouse’s name from the mortgage. Otherwise, your spouse will remain legally responsible for paying the loan. You may benefit
Property distribution is one of the most difficult aspects of a typical divorce case. Both spouses may wish to keep shared assets such as real estate or vehicles, leading to a contested divorce. In Colorado, the courts allow divorcing couples to determine property division before forcing a judge to intervene. If the
By: Sarah T. McCain While generally issues of custody and complicated visitation schedules often seem to take precedence in divorces, the division of property and debt is an also pressing matter that should not be overlooked. Complacency can easily set in place as individuals see the court’s position of dividing marital property equitably between
By: James C. McTurnanThe judge in a divorce case has the unenviable task of disentangling the lives and livelihoods of spouses who are unable to reach agreements on their own. Often, the lives of divorcing spouses are complex, and it is not unusual for any case to have its fair share of
By Michelle L. Searcy Colorado law requires the court to “divide the marital property, without regard to marital misconduct, in such proportions as the court deems just, after considering all relevant factors…” §14-10-113(1), C.R.S. People commonly refer to this provision as “no fault.” While it seems a simple concept, parties are often
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
We’re Still Married But We’ve Been Separated for Years. Does that Affect Property Division in My Colorado Divorce?
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