Colorado Divorce, Child Support, Custody, Visitation and Family Law Attorneys

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Boulder Divorce Lawyers Free Consultation

Boulder Divorce Lawyers are ready to help you with your divorce questions. Our divorce lawyers offer FREE consultations.

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Johnson Sauer Legal Group, LLC
Attorneys at Law

300 S. Jackson St., Suite 570
Denver, CO 80209
Phone / (303) 394-3030
Email / Click here to contact us

Driving Directions to Our Office

What about our joint accounts/credit cards?

At the initial consultation, your attorney should review with you your assets and liabilities. If you have joint credit cards and your spouse is not likely to be fair, you may be advised to cancel any credit cards, lower the credit limit or suspend charges. If there are joint investment accounts, you may be advised to request the financial institution to either freeze the account or request that both parties sign for any transactions in order to avoid a spouse's unilateral looting of the account. In addition, you can protect yourself by gathering as much financial information as possible, including bank accounts, brokerage accounts stocks, trusts or life insurance polices, prior to meeting with your attorney. Although your attorney has the ability to discover your spouse's assets during the litigation, it is always easier and cost-effective to assemble existing documents in order to prevent a spouse from unilaterally transferring, depleting or hiding an asset.

Does fault matter in my divorce?

Colorado is a "No-Fault" divorce state. While fault may be a very important factor in bringing about a divorce, Colorado courts will not explore fault as part of your divorce. Marital fault will also not be considered in the economic aspect of the case. However, a parent's conduct may be considered in awarding custody. Custody is determined by the standard of "the best interests of the child." If a parent denigrates the other in front of the child, or causes physical or emotional harm to the other spouse, the court may deem that parent unfit to be the residential parent and/or direct supervised visitation or limit visitation, as the case may be. In addition, parents who cannot amicably communicate with one another or agree on important issues regarding the child's health, education and welfare may forfeit his/her right to joint decision making for the child.

What property is not subject to equitable distribution?

Marital property is defined by the law to be all assets acquired during the marriage and prior to the execution of a separation agreement or the commencement of a domestic action, regardless of the form in which the title is held, and is subject to equitable distribution.

Separate property is defined as property acquired prior to the marriage, or received as gifts (from a party other than the spouse), or an inheritance, or property designated as such by agreement (i.e. prenuptial agreement) and is not subject to equitable distribution. If an asset, such as a business, was acquired prior to the marriage, and the value of the business increased then the increase in value of the asset may be marital property subject to equitable distribution. When a separate asset is used towards the purchase of a marital asset, (i.e. a spouse uses his separate funds acquired prior to the marriage to purchase mutual funds in the parties' joint names), such property may be considered to be transferred into marital property.

Can I compel my spouse to leave the marital residence while the divorce is pending?