As you go through your divorce, a number of different issues will arise that may require extensive negotiation. Depending on your situation, division of property may be one of the most challenging issues to solve. Trust that our Greeley, CO, property division lawyer will take this process as seriously as you do. You deserve fair treatment in this type of situation, and our job is to make sure this happens.
We understand that dealing with the emotions of going through a divorce can be a significant challenge. Sometimes, people let their emotions cloud their judgment when it comes to settling the division of property and other financial obligations in the divorce. By hiring our property division lawyer in Greeley as your representative, you can be certain we will focus on the facts in the case. We will try to remove the emotions from the situation, working toward the best result for you.
During the division of property in your divorce proceedings, you are under no obligation to hire an attorney. You have the right to represent yourself in these hearings and negotiations. However, you could be at a significant disadvantage when trying to do this on your own. You likely are going through this for the first time in your life. This means you may not fully understand all the nuances and requirements of the proceedings. If your soon-to-be-ex-spouse has legal representation and you do not, your disadvantage could be significant.
By hiring our team of property division lawyers in Greeley, CO, you can even the playing field. We can put our experience in these types of cases to work for you. Even if your spouse chooses not to have legal representation and tries to convince you to do the same, you do not have to follow this suggestion. You always have the right to seek legal representation, regardless of what your spouse chooses to do. Our team will have your back throughout the process.
When going into a divorce negotiation, you may find that property division can be one of the most challenging parts of the process. Figuring out exactly what qualifies as property can be quite a surprise for some people going through a divorce. Our Greeley, CO, property division attorney will help you understand what the property split process is going to look like.
Knowing what to expect as you begin negotiations can give you peace of mind that takes some of the emotional sting out of the property division process. Some of the items that qualify as property in a divorce proceeding are:
When going through a divorce that involves a division of property, many people forget about the other side of property accumulation – debt. When you and your spouse acquired debt during the marriage, this amount of money can be part of the distribution of property. For example, credit card debt receives similar treatment as a bank account, but it just has a negative balance versus the positive balance in a traditional bank account.
CRS § 14-10-113 discusses the division of property, which includes debt. On many occasions, the court will recommend an even split of any debt if the couple accumulated it together during the marriage. However, if our Greeley, CO, property division lawyer can show that your spouse was responsible for the debt without your knowledge or approval, we may be able to convince your spouse’s representatives to accept a larger share of the debt repayment.
When your spouse has representation for the splitting of property after your divorce, but you do not, you may believe the other lawyer will also take care of you. However, this is not the case. Although your spouse’s lawyer may ensure all aspects of the divorce will follow legal requirements, the other lawyer has no obligation to help you or your position. Your spouse’s representative is only interested in making the best possible decisions and negotiation outcomes for your spouse.
Our property division lawyer in Greeley knows how frustrating it can be to feel like you are not receiving fair treatment in a divorce case. When you choose to hire us, you can be certain we will represent you and your interests fully.
At The Cossitt Law Firm, our team has extensive experience working for our clients in family law cases, including divorce. Our team has decades of combined experience representing clients in all aspects of family law. When it comes to applying the property separation rules in a divorce in Greeley, CO, we know how to explain matters in ways you can understand. Having a clear picture of how the process works and the definitions involved will help you understand the best way forward during negotiations.
As part of the property division process in Colorado, the couple needs to determine which portions of the property fit within designations of marital property and which involve separate property.
Marital property is any type of property the couple acquired together during the course of the marriage. This can include tangible property items like vehicles and homes, financial property like bank accounts, and any debts accumulated. It also can involve property that one spouse may have brought to the marriage but that both spouses contributed to throughout the marriage, such as a bank account.
As a general starting point in the divorce negotiations, marital property likely will have a 50/50 split. Through negotiations, however, our Greeley, CO, property division lawyer may be able to adjust this split in your favor.
Separate property is any asset one spouse owned prior to the marriage. These assets could include an inheritance or a gift that one spouse received or a home that one spouse brought into the marriage. Defining which pieces of property fit into the definition of separate property can be a challenging part of negotiations during divorce. Our team will work hard to make sure the items you believe are separate property remain that way through negotiations.
There are some unusual situations that may arise during the process of defining what qualifies as separate property. For example, if you owned separate property, such as a home, that greatly increased in value during the marriage, the increase in the value may become part of marital property. This could result in a significant transfer of wealth from a property that you intend to keep. Our Greeley property division attorneys can attempt to negotiate a better outcome for you in a situation like this.
If the two sides cannot fully define which properties are separate and which are marital through the negotiation phase, the court may make the final decision. We prefer to try to create a successful resolution through negotiation about these issues. However, if the property division case must go to court, you can rest assured that we will stand by your side during the court hearing. We will stick with you from start to finish.
Our Greeley divorce lawyer understands the intricacies of Colorado property division laws and is always available for our clients. We take pride in our ability to respond to questions from our clients quickly. We will keep you in the loop about the divorce proceedings along the way.
Frequently, we hear a series of similar questions from clients. We will share those questions and answers here to provide some basic information about how our team of property division lawyers in Greeley, CO, operates.
Colorado does not take the behavior of either spouse into account when making a decision regarding property division. This includes any situation where your spouse commits adultery. Colorado is a no-fault divorce state, so situations like adultery do not affect the outcome.
The name on the title of the car or on a retirement account should not play a role in property division in Colorado. If your spouse can show that the two of your purchased any of this property together or started an investment account during the marriage, the state considers it to be marital property. If you have a favorite car, though, you may be able to receive control of the car through negotiations, regardless of whose name is on the title.
Certainly, a prenup agreement can handle many aspects of the property division process after a divorce. However, if changes occurred to the various properties you and your spouse owned in the years after creating the prenuptial agreement, you may have some disagreements to work though during negotiations. Our Greeley, CO, property division lawyer can help you, even if you have a prenuptial agreement in place.
Although the courts typically will create an equal split of the marital property, this is not a requirement. Sometimes, it is more fair to create a two-thirds/one-third split or a different split. The courts may determine a different split is fairer to both parties. Our team of attorneys will work toward the division of property that best fits your hopes for this situation.
The state does have a provision for allowing temporary orders in a property division case, according to CRS §14-10-108. This would allow you to have access to a car or a second home while the proceedings are occurring. If something like this is important to you, our team can work toward helping you receive this benefit.
You can trust The Cossitt Law Firm to represent you to the best of our abilities, from start to finish. As soon as you choose to hire us, your fight becomes our fight. We understand the emotional cost of going through a divorce. You should not have to sacrifice financially any more than the law requires. Through the representation of our spousal support lawyer in Greeley, we will work to ensure that you receive the fairest possible treatment. We want you to be able to start your new life after the divorce on the sturdiest footing possible.
If you have decided to get a divorce, the next steps can seem daunting. Here we provide a few answers to common questions about filing for divorce.
Depending on your family, financial, and personal circumstances there are many factors you will want to consider when filing for divorce. Find out what type of divorce is right for you.
How long will it take for the Court to issue a Decree of Dissolution of Marriage? The earliest a Colorado court could issues the divorce decree is 91 days after the petition was filed. However it can take longer than 91 days, as expert valuations and reports may be needed.
How can a divorce attorney help with an uncontested divorce? Uncontested divorce generally means the parties have agreed upon all issues, or they believe they will be able to easily agree on all issues. A divorce attorney can help with an uncontested divorce by ensuring everything drafted properly.
What are mandatory financial disclosures? Financial disclosures are required of both parties in every divorce case, within the first 45 days after the petition has been filed. The exchange of mandatory financial disclosures is intended to put each party on a level playing field as it relates to the finances of the divorce.
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