In today’s mobile society, it is foreseeable that one or both parents might want to move after their divorce is final. Once there is a Parenting Plan in place, however, relocating with a child is not as simple as accepting a new job or deciding to move closer to...
Property
What Is Marital Property?
During a Colorado divorce, the court will divide marital property between the spouses on an equitable basis. In this article, we discuss what marital property is in Colorado.
What Are Temporary Orders?
What Are Temporary Orders? For a spouse who is not the primary wage earner, filing for divorce or legal separation can be scary. You may be wondering how you are going to pay the bills, or how you will split parenting time. If you feel safe doing so, I also suggest...
I Am Separated From My Spouse. Can He/She Still Get Half Of My Assets?
I Am Separated From My Spouse. Can He/She Still Get Half Of My Assets? It depends. (How’s that for a typical lawyer answer?) In Colorado, there is a difference between being physically separated from your spouse (living at separate addresses) and being legally...
What Are “Mandatory Financial Disclosures”?
Because of the special relationship between spouses, Colorado law requires “full and honest disclosure” of all material facts that effect both spouses and their children. Part of this requirement includes mandatory disclosure of financial documentation (“mandatory...
What Does “Equitable Division” Mean?
One of the first things clients ask me is how a judge will divide property. There are two legal theories when it comes to dividing property: “community property” and “equitable division.” Colorado is an equitable division state. This means that, although courts...
What Does No-Fault Divorce Mean?
“My spouse had an affair. Can I tell the judge about this?” “My spouse is an alcoholic, and I am concerned for the kids. Will the judge give him parenting time?” I hear questions like these all the time. Clients are often interested in using the other party’s bad...
Can I Get Back The Gifts I Gave To My Spouse?
Occasionally, a client asks me how gifts that were given to the other spouse during the marriage are divided in a divorce. The answer depends on what was gifted. However, in most cases, the gift is considered the other spouse’s separate property, and is not divided as...
What Does It Mean To Commingle Property?
Divorce lawyers often use the term “commingling.” Depending on which side you are on, it can be used in a positive or negative way. Generally, you do not want to be the party who has “commingled” assets. In Colorado, all property acquired before the marriage is...
What Are My Property Rights As A Surviving Spouse?
“Mike and Emily had been married for 8 years when Mike died. Both individuals had a child from a previous marriage. Emily does not whether Mike had a Will, but he used to tell her that all of his property was going to his kids when he died. Mike owned the following...