Frequently Asked Family Law Questions
If you are facing divorce, legal separation or other family law issue, you may have questions about property division and how to prepare. Our attorneys at Bradley Devitt Haas & Watkins, P.C., compiled a brief list of common questions to help you get started.
How Should I Prepare For Divorce?
Divorce significantly changes your life, and you need to take proactive steps to mitigate the fallout. Gather financial records and documents related to income, assets and expenses. Consider getting a separate bank account. Monitor your spending. It may be beneficial to meet with a financial planner. It can also be beneficial to engage the help of a mental health professional to deal with the complex emotions of divorce.
How Is Marital Property Divided In Colorado?
Colorado is a community property state and uses the equitable division standard to divide marital property. As outlined under the Colorado Revised Statutes 14-10-113, factors for division include:
- Contributions made by each spouse to the acquisition of marital property, including contributions made by a stay-at-home spouse
- The value of the separate property of each spouse
- Each spouse’s economic circumstances when the property division will go into effect
- Any significant increase or decrease in the value of separate property during the marriage or the depletion of separate property for martial purposes
Who Can Receive Spousal Maintenance?
Courts can award temporary or longer-term spousal maintenance to an unemployed or lower-earning spouse to ensure their financial needs are met during or after a divorce. To qualify for support, the spouse requesting support must show they cannot support themselves on their income or assets or that they cannot become self-supporting immediately.
How Is Child Custody Determined In Colorado?
Colorado uses the best interest of the child standard when awarding parenting time and decision-making authority. To decide what is best for the child, judges review various factors of the parent-child relationship. Depending on the specifics of the case, the courts can award joint or primary parental responsibility.