Boulder Divorce Attorney Providing Tailored And Experienced Representation
Going through a divorce is often a difficult time for spouses. Their lives are changing, and everything is up in the air. They are dealing with concerns over their financial future and child custody. It’s important to have legal counsel that has a detailed understanding of the law and your rights while also offering compassionate guidance during this difficult time.
Our attorney, Sangeetha Mallavarapu, has extensive experience as a divorce lawyer in Boulder, across Denver, and in the surrounding areas. She has practiced family law for over a decade, and her career prior to that was as a judicial officer in the family law system. Our team at SM Family Law, LLC, can give you the legal leadership you need.
Call 720-399-5244 or contact us online today.
Understanding Property Division In Colorado Divorce Cases
Property division has two distinct components: separate property and marital property.
Defining Separate Property In Divorce
Separate property refers to assets that belong exclusively to one spouse. Typically, these are items acquired before the marriage, through inheritance or through gifts given specifically to one spouse during the marriage.
For example, if you owned a house before getting married, that property would generally be considered separate. Similarly, if you inherited a family heirloom or received a personal gift solely intended for you, those items would also be classified as separate property.
Understanding Marital Property In Divorce Proceedings
Marital property includes assets and debts acquired by either spouse during the course of the marriage. These can range from income earned by both spouses to property purchased together to joint bank accounts.
For instance, a family home bought after the wedding or investments made using combined funds are considered marital property. Even if only one spouse’s name is on the title, the property may still be subject to division under Colorado law.
Send Us a Message
Ready to take the next step in resolving your family’s legal matters? Reach out to us today at SM Family Law, LLC. Our compassionate team is here to listen, provide experienced guidance and support you through every aspect of your case. Whether you need assistance with divorce, child custody or any other family law issue, we’re dedicated to helping you find the best solution. Contact us now to schedule a free consultation and start your journey toward a brighter future.
Potential Sources Of Controversy In Property Division
On the surface, the difference between separate and marital property looks straightforward. However, there can be complications that arise, and it’s not uncommon for disagreements to arise. Common examples of disputes could include:
- A house that was purchased by one spouse prior to the wedding but has seen improvements made to it using marital funds. How much of the house’s value is separate, and how much is jointly owned by the spouses?
- A 401(k) that one spouse had prior to the marriage continues to accumulate funds as they build it after the marriage. How much of the fund’s value belongs to the marriage, and how much to the individual spouse?
- An inheritance received is clearly separate property. However, what happens if all or some of that is put into a joint bank account or stock portfolio?
How these and similar questions are decided will have a substantial impact on your financial future. At SM Family Law, LLC, we are here to make sure your interests are represented and your voice gets heard.
How Equitable Distribution Works In Colorado
Colorado follows the principle of equitable distribution, which means that marital property is divided fairly, though not necessarily equally. The court considers several factors to achieve a fair division:
- The duration of the marriage
- The economic circumstances of each spouse
- Contributions to the marital estate, including nonfinancial contributions like homemaking and child-rearing.
Decisions about fairness have a certain subjectivity to them. The ideal solution is for the spouses to work out a settlement on a collaborative basis. Our team at SM Family Law, LLC, has extensive experience in navigating mediation. However, if it becomes necessary to take your case to court, we know what it takes to present a compelling case on your behalf.
Spousal Maintenance: Understanding Your Options
In Colorado, spousal maintenance (often referred to as alimony) is financial support paid by one spouse to the other during or after a divorce. The purpose of spousal maintenance is to help ensure that both parties can maintain a standard of living reasonably comparable to what they enjoyed during the marriage.
There are different types of spousal maintenance, each serving specific purposes and circumstances:
Permanent spousal maintenance
Permanent spousal maintenance is awarded when long-term financial support is deemed necessary, often in marriages of significant duration where one spouse may not be able to achieve self-sufficiency. This type of maintenance continues indefinitely unless modified by the court due to changes in circumstances, such as remarriage or a substantial change in income. For example, if one spouse sacrificed their career to be a homemaker for decades, the court might award permanent maintenance to protect their continued financial stability.
Rehabilitative spousal maintenance
Rehabilitative spousal maintenance is temporary and aimed at helping the recipient become financially independent. This type of support is often provided for a set period, allowing the receiving spouse time to gain the education, training, or work experience necessary to enter or re-enter the workforce. For instance, if a spouse needs to complete a degree program to secure employment, rehabilitative maintenance might cover tuition and living expenses during this time.
Reimbursement spousal maintenance
Reimbursement spousal maintenance is designed to compensate a spouse for contributions made to the other spouse’s education or career advancement during the marriage. This type of maintenance acknowledges the sacrifices one spouse may have made to support the other’s professional growth. An example would be if one spouse worked while the other attended medical school; reimbursement maintenance could be awarded to repay the supporting spouse for their financial and personal contributions.
Frequently Asked Questions About Divorce In Colorado
Our lawyer answers some of the most common questions about divorce in Colorado below. If you have a specific question or concern, don’t hesitate to reach out to us for advice.
How long does it take to finalize a divorce in Colorado?
The timeframe depends on the complexity of your case and whether both spouses can reach an agreement. Colorado requires a mandatory 91-day waiting period after filing, but contested divorces may take several months or longer to resolve.
Do I need to prove fault to get a divorce in Colorado?
No. Colorado is a no-fault divorce state, meaning you don’t have to prove wrongdoing. The only requirement is that the marriage is irretrievably broken.
How does Colorado divide property in a divorce?
Colorado follows equitable distribution laws, meaning assets and debts are divided in a way that is fair but not necessarily equal. Factors such as the length of the marriage and each spouse’s financial situation and contributions to the household are considered.
Will I be required to pay or receive spousal support?
Spousal maintenance, also known as alimony, isn’t guaranteed. Courts evaluate factors like income disparities, the length of the marriage and each spouse’s financial needs to determine if support is appropriate and, if so, for how long.
How is child custody determined in Colorado?
Custody – legally referred to as “parental responsibilities” – is based on what is in the child’s best interests. Courts consider factors such as the child’s relationship with each parent, their adjustment to home and school, and each parent’s ability to provide a stable environment.
Can child custody or support be modified after the divorce?
Yes, custody and support orders can be adjusted if there is a significant change in circumstances, such as a parent relocating, a shift in income or a change in the child’s needs.
What if my spouse doesn’t agree to the divorce?
Your spouse’s consent isn’t required. If one person files and states the marriage is irretrievably broken, the court can proceed with the divorce even if the other party objects.
Do I have to go to court for my divorce?
Not necessarily. If both spouses reach an agreement on all issues, the process can often be finalized without a court appearance. However, if there are disputes over property, custody or other matters, a judge may need to step in.
How is debt divided in a divorce?
Marital debt, like assets, is divided equitably. This includes mortgages, loans and credit card balances accumulated during the marriage, regardless of whose name is on the account.
Can I change my last name as part of the divorce?
Yes. If you want to restore your former name, you can request this during the divorce process, and it will be included in the final divorce decree.
Get The Guidance You Need For Your Divorce
Hiring an experienced divorce attorney is crucial in ensuring that your rights are protected. By taking immediate action and seeking legal representation, you can avoid costly mistakes and pursue a fair outcome. Our dedicated lawyer is committed to providing personalized guidance and support throughout the divorce process. Reach out to us via phone at 720-399-5244 or through our online contact form to schedule a free consultation and let us help you work toward a fair divorce settlement.