DENVER DIVORCE LAWYERS

Our skilled divorce attorneys help you attain equitable property division

When a married couple divorces in Colorado, assets acquired during the marriage are allocated by the court based on the principle of equitable distribution. This division is not necessarily a split down the middle, however. Judges will seek to find a fair way to divide property such as homes, vehicles, bank accounts and other financial assets that are part of the marital estate. Our divorce attorneys advocate strongly for a fair solution that encompasses all marital property, including items such as retirement benefits and business interests that are sometimes overlooked.

Marital vs. Separate Property

To better help you, your Denver divorce attorney needs to get an idea of your marital and separate property. The court will only divide the marital property. Your lawyer will want to ensure that any property you claim as separate does not end up mislabeled by the court. 

Marital property is essentially anything you acquired during your marriage. Separate property is anything you owned before your marriage. 

While that may seem simple, there are exceptions. These are types of property that you may get during the marriage but that remain separate property:

• Inheritances
• Gifts
• Property obtained using separate property assets

You also may have a prenuptial agreement that lays out property ownership terms. The court will abide by that agreement if it holds up legally. 

Sometimes, it is possible for separate property to become at least partially marital property. For example, if you use marital assets to upkeep a separate asset, then the court may rule part of that asset's value is marital property. 

Property division can become very complex. You need a lawyer who can help you determine the ownership rights of every asset you own so that there are no questions and you can get all the property you should in the divorce.

Debts

You need to think about debts as well. The court must also divide them during the property division process. The court handles debt in the same way it handles assets. 

Any debt you had prior to the marriage becomes your responsibility alone. Those debts you incurred during the marriage become the responsibility of both of you. Again, though, this can become tricky when you have comingled debts and they represent debt from prior to or after the marriage. 

For example, if you had a credit card before your marriage but you kept that card open and continued using it after your marriage, then it could become partially separate and partially marital. You need your Denver divorce attorney to help you figure out how to label the debts you and your spouse have.

Furthermore, you want to ensure that there is fair distribution of the debts and that whoever the court orders to pay a debt will pay it. Even with a court order, the creditor will still hold the person with whom it made the original deal responsible for paying it. 

Considering the credit card situation again, if the court says your spouse will have to be responsible for repaying that but then he or she fails to make the payments, you may end up having to pay the debt. If you don't, then it will go against your credit record. 

The reason for this is that you have a contract with the creditor. The court cannot change that contract. It can only make an order for you and your spouse. You will have to take legal steps against your spouse for not obeying the court's order, but in the meantime, to protect your credit, you will have to pay the debt yourself. 

This is where your attorney can help immensely. He or she can assist you with avoiding such a situation and reacting quickly if your spouse decides to ignore a court order. 

Securing help with parenting time and plans

The legal term referring to child custody and visitation in Colorado is parenting time. It can be a complex part of your divorce because you both want to share in raising your children. In some situations, there may be concerns about safety for the children as well, which makes such decisions all the more important. 

When it comes to parenting time, the court prefers that you come to an agreement where the children have equal or almost equal time with each parent. If this is not possible, you should use equal parenting time as the starting point for negotiations to reach a plan that works the best for the children.

Your Denver divorce attorney will understand the court's position and help you to negotiate and work with the other parent to reach a parenting time plan that suits. If you cannot reach an agreement outside of court, then your attorney will be able to present your case to the court and look out for you during the litigation process. 

Note that any move the court makes considers the children's best interests over anything else. It wants to ensure the children are safe and happy while also having the ability to develop meaningful relationships with both of their parents. 

The only exception where the court will favor one parent over the other is in cases of abuse or where the children could be in danger due to one parent's actions. You need to show solid evidence for the court to severely limit the other parent's rights to see the children and be in their lives.

Our attorneys understand that child custody issues are incredibly stressful. We also understand the goals of the court, which enables us to steer you in the direction that's most likely to result in a favorable outcome.