Marital property is property you acquired as a married couple: real estate, vehicles, cash, stocks, bonds, and personal property. Generally, Colorado judges consider anything you acquired while married to be marital property. See if you and your spouse can divide it. Divide your marital debts. Just like property, marital debts must also be divided. In Colorado, most debts acquired during marriage are considered marital debts, even if only one spouse signed for the debt. They will be allocated equitably, so the partner with the higher income may get the higher debt.
Alternately, you can divide your debts based on who took out the debt. For example, each spouse might pay for their student loans or their car loans. Draft a separation agreement.
Divorce in Colorado
If you reach an agreement on any of the above issues, you should put that agreement in writing. Draft a marital separation agreement and have both spouses sign it. The Colorado courts provide a marital separation template you can use. You can download it when you download your other divorce forms. Create a parenting plan. Each parent must submit a parenting plan to the court. If you agree on child custody, you can submit a joint parenting plan. Consult with an attorney.
However, a divorce attorney is helpful if you have any legal questions or if you disagree on child custody, spousal maintenance, or the division of property. Find the correct court. You should file in the county where you or your spouse resides. Remember that at least one spouse must have lived in Colorado for at least 91 days. Instead, you must intend to make the state your permanent home. This is also known as being domiciled in the state. Obtain divorce forms. The forms will differ depending on whether you have children or not. Fill out your forms. Many forms must be signed in front of a notary public.
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You can find a notary at the courthouse. File your forms with the court.
Make two copies of the completed packet. You'll keep one copy for yourself and serve the other on your spouse. Take the copies and the originals to the court clerk and ask to file. The judge must approve your request. Serve your papers on your spouse. Your spouse has a chance to respond to your divorce petition.
For example, they may request child custody or alimony, or they might object to your requests for the same. For these reasons, you must serve copies of your divorce papers. In that situation, they should complete a Waiver and Acceptance of Service form and sign it in front of a notary public. If your spouse waives service, you can hand them a copy of your papers.
Generally, you can have the sheriff or a process server make delivery for a small fee. You can also have someone 18 or older make hand delivery, so long as they are not a part of your divorce. Complete other forms.
Colorado Divorce FAQs | DivorceNet
Your spouse can file a response to your divorce petition. Check if your spouse is fighting you on child custody, spousal maintenance, or the division of property. Attend a status conference.
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Going through a divorce can be emotionally draining, financially challenging, and legally complex. Keeping a few key considerations in mind can keep you focused during this difficult time. Most divorces take longer than 90 days, depending on the circumstances of the marriage. The more prepared you are ahead of time, the less time the process should take.
Colorado is a no-fault state, meaning that you can seek a divorce so long as you or your spouse wants a divorce. This also means that marital misconduct, such as an affair, has no bearing on the divorce. Find out as much information as you can about the family finances, savings accounts and insurance accounts before you file for divorce. Make sure that you will have access to credit, savings, and an income source.
Refrain from making any large purchases, such as a new car or a new home. If you received any gifts or inheritances during or before the marriage, or entered into the marriage with any property, put together documentation showing where each item came from, that way the property does not end up being treated as marital property. If you own a business, consider having a business valuation report prepared by a financial analyst. Email, social media, and separate bank accounts passwords should all be changed, taking care to use passwords that your spouse cannot easily guess.
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Consider putting together a list of all marital property furniture, appliances, jewelry, etc. Then, if you or your spouse moves from the marital home, you will have a list ready to review. This can make negotiations about who gets what, much easier.
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Try to be rational about what is important to you — you want to avoid arguments over things like who gets to keep season three of Seinfeld. It also is a good idea to make a visual record of everything in the home.
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If you decide to make a tape, make sure to inventory the entire home — opening drawers and cupboards so the inside items are visible — and make sure the video is date stamped. Store your list and tape outside of the home. Whatever you do, do not misuse any marital property. You are obligated to disclose all debts and assets during a divorce and if you misuse any marital property e.
The immediate upheaval you will face after you tell your spouse that you want a divorce will be difficult to deal with. After all, the world will not stop simply because you are going through a divorce. Before you file, you and your spouse should try to come to an agreement regarding temporary arrangements during the divorce. Things to think about include: living arrangements; access to accounts; bills; insurance coverage; household items; maintenance payments commonly known as alimony ; and, if you have children, parenting time and child support.
It is best to put together a list ahead of time so that you are fully prepared. What is on your list will depend on your unique circumstances. If you and your spouse disagree regarding any issues, you can ask the court to enter temporary orders. The best way for you to decide whether an attorney is right for you is to meet with him face-to-face.
Therefore, we welcome you to attend an initial consultation with one of our trusted Denver divorce lawyers to get professional advice and find out more about how we can help you. You can schedule this meeting by calling or by emailing our firm using the contact form on this page. Categories: Family Law. The information you obtain at this site is not, nor is it intended to be, legal advice. We welcome your calls, letters and email; however contacting us does NOT create an attorney-client relationship.