GOLDEN DIVORCE LAWYERS FOR WHEN THE STAKES ARE HIGH
A marital breakdown can be a very disorienting experience. Filing for divorce also raises questions that must be answered and decisions that must be made. Thankfully, you don’t have to go through the divorce process alone. An initial consultation with a lawyer at Bradley Devitt Haas & Watkins, P.C., can provide valuable insights. We can help you develop a plan of action that will take into account all the major factors that present themselves. Attorneys Andrew Haas and Catherine Tieman often serve as family law mediators, and this experience enhances their effectiveness in advising all clients headed for divorce.
FREQUENTLY ASKED DIVORCE QUESTIONS
Regardless of whether you are considering legal separation or dissolution of marriage, you likely have many questions and concerns. We understand that divorce law can seem overwhelming. With our divorce counsel, you will have all the information you need to make wise choices that set yourself up for a bright future. Here, we have taken the time to answer a few frequently asked questions about divorce.
IF THERE IS A PRENUPTIAL AGREEMENT, IS IT ENFORCEABLE OR MIGHT IT BE SUCCESSFULLY CHALLENGED IN DIVORCE PROCEEDINGS?
Generally, marital agreements are enforceable in the courts. However, there are some factors that may make the agreement unenforceable. Those factors include a failure of the parties to fully disclose their financial situation when entering into the agreement, a party signing the agreement under duress or coercion and some cases where a party signs without representation.
HOW WILL THE MARITAL PROPERTY BE DIVIDED IN MY COLORADO DIVORCE?
You have the option of dividing your assets and property privately with your former spouse. However, a divorce judge will use equitable distribution principles to guide them. This means that they will divide assets fairly, but not necessarily equally. The court’s determination will be based on the facts as they exist when the court is entering the final Decree of Dissolution of Marriage.
IS ALIMONY/SPOUSAL MAINTENANCE APPLICABLE AFTER FINALIZING MY DIVORCE?
If you need financial support from your spouse after a divorce, you can petition for maintenance (alimony). There are several factors that the court must consider when making a maintenance determination. A consultation with an attorney will help you understand what those factors are and how they may apply to your personal situation.
IF YOU HAVE A MINOR CHILD OR CHILDREN, WHAT TYPE OF CHILD CUSTODY ARRANGEMENT (ALLOCATION OF PARENTAL RESPONSIBILITIES) WILL SERVE THEIR BEST INTERESTS WHILE PROTECTING EACH PARENT’S RIGHTS?
Divorce is always hard on children. There are several options for parental responsibility and parenting time (visitation) arrangements. The court shall enter such orders in the best interests of the children based on several factors in the applicable statutes. A consultation with an attorney will help you understand what those factors are and how they may apply to your personal situation.
IN THE CASE OF A HIGH-ASSET DIVORCE, HOW WILL MARITAL ASSETS LIKE RETIREMENT ACCOUNTS, BUSINESS INTERESTS AND REAL ESTATE INVESTMENTS BE ALLOCATED?
The judge considers a variety of factors when issuing an equitable property division order in a divorce. These may include:
- Each spouse’s separate assets
- Each spouse’s contribution to the marriage
- The length of the marriage
- Each spouse’s contribution to a family business
- The existence of a valid prenuptial agreement
You will need a divorce attorney on your side who can advocate for your best interests and help you secure a fair divorce arrangement.
IN THE CASE OF A HIGHLY CONTESTED DIVORCE, WILL DIVORCE MEDIATION SUFFICE OR IS THE CASE HEADED FOR TRIAL?
Alternative dispute resolution methods for divorce such as mediation or private negotiations tend to save time and money. However, if both parties cannot reach an agreement on the major issues in a divorce, then court intervention may be necessary.
We will take the time to answer all of your questions about all divorce matters, learn about your needs and goals and choose the most appropriate strategy for your individual case. We will advocate for you and your children at all stages of divorce.
WHAT ABOUT A DO-IT-YOURSELF DIVORCE?
Some individuals or couples seek an attorney’s review of documents to proceed with uncontested divorces largely on their own. Mr. Haas and Ms. Tieman can evaluate your case and determine whether your Colorado divorce is truly uncontested and, if so, what is the most economical and expedient way to proceed. He can also answer questions you may have about Colorado divorce laws and practical matters like the divorce petition and filing fees.
HOW DOES THE COURT DIVIDE CREDIT CARD DEBT BETWEEN DIVORCING SPOUSES?
When Colorado couples divorce, they’re required to divide the marital estate equitably – or with an eye toward fairness. Although asset division, especially in high net worth divorces, gets the lion’s share of attention, debt is also a critical part of property division.
Debts accrued during the marriage, such as loan and credit card balances, can cause contention during divorce, as neither party wants to get stuck with an unfair share.
In most divorces, dividing bills and financial obligations usually involves assigning a portion to each spouse. Unfortunately, nonpayment by one spouse can damage the other’s credit. Ideally, repaying marital debts before the divorce eliminates shared financial burdens moving forward.
ARE ALL DEBTS SUBJECT TO PROPERTY DIVISION IN COLORADO?
In a Colorado divorce, debts accrued during the marriage are treated the same as assets, as they are both considered marital property. That means car loans, mortgages, credit cards and other debts, all get divided equitably between spouses, regardless of whose name is on the accounts.
Exceptions exist for premarital debt and often for debt incurred through reckless spending. Student loans, too, sometimes receive special treatment based on their purpose. Remember, fairness is the guiding principle for courts, so consulting a lawyer to navigate the specifics of your situation is crucial for an equitable outcome.
HOW CAN YOU TELL IF YOUR SPOUSE IS PREPARING TO INITIATE DIVORCE PROCEEDINGS?
Has your spouse become a stranger under the same roof? A growing emotional distance can manifest in subtle yet concerning ways. A decline in quality time together, emotional distancing and less physical intimacy may all be signs of trouble and an impending divorce.
Secrecy is another red flag. A sudden increase in password-protected devices, hidden texts or guarded internet activity can signal a desire to keep parts of their life hidden. This secrecy breeds distrust and creates a barrier to genuine connection.
Getting blindsided with divorce papers is the last thing you want. If you suspect divorce is imminent, try improving communications with your spouse. If divorce becomes unavoidable, it is never too early to protect yourself. A Colorado divorce attorney can offer professional guidance through this difficult time.
CONTACT OUR GOLDEN LAW FIRM FOR ADVICE AND ADVOCACY
Bradley Devitt Haas & Watkins, P.C., offers knowledgeable counsel on property division and other aspects of divorce. Call 303-384-9228 to request a consultation with a family law attorney.