Divorce

Divorce

Divorce can be an emotional and challenging process for everyone involved. At Nexus Family Law Group, we understand the complexities of divorce and strive to provide compassionate and effective legal representation to help our clients navigate this difficult time. Colorado is a no-fault state. This means that neither spouse need to claim that one of the spouse’s misconduct such as infidelity, abuse, mental illness, abandonment, or criminal acts caused the divorce.

When Can the Court Issue a Decree of Divorce?

The district court shall enter a decree of dissolution of marriage or a decree of legal separation if:

1. At least one party domiciled in the state of Colorado for 91 days prior to the commencement of the proceeding.

2. The Court finds that the marriage is irretrievably broken.

3. The court finds that ninety-one days or more have elapsed since it acquired jurisdiction.

Issues the Court Would Address as Part of Divorce Proceedings

1. Parental responsibilities with respect to any child of the marriage;

2. The support of any child of the marriage who is entitled to support;

3. The maintenance of either spouse, and

4. The disposition of property;

Property Division

In Colorado, the Court upon divorce or legal separation of parties would equitably divide the marital property. Equitable division of marital property means that the Court would divide all marital property in a way that is fair and conscionable but not necessarily equal. The Court shall divide the marital property, without regard to marital misconduct, in such proportions as the court deems just after considering all relevant factors including:

• The contribution of each spouse to the acquisition of the marital property, including the contribution of a spouse as homemaker;

• The value of the property set apart to each spouse;

• The economic circumstances of each spouse at the time the division of property is to become effective, including the desirability of awarding the family home or the right to live therein for reasonable periods to the spouse with whom any children reside the majority of the time;  and

• Any increases or decreases in the value of the separate property of the spouse during the marriage or the depletion of the separate property for marital purposes.

Marital Property Versus Separate Property

“Marital Property” means all property acquired by either spouse subsequent to the marriage and during the marriage except:

• Property acquired by gift, bequest, devise, or descent;

• Property acquired in exchange for property acquired prior to the marriage or in exchange for property acquired by gift, bequest, devise, or descent;

• Property acquired by a spouse after a decree of legal separation;  and

• Property excluded by valid agreement of the parties.

What is Considered Property?

Property is defined as that which includes “everything that has an exchangeable value, or which goes to make up wealth or estate” and can include: real estate, personal property, vehicles, bank accounts, investment and financial accounts, stocks and bonds, deferred benefits, different kind of retirement benefits, stock option and restricted stock units, tax benefits, business ventures, contract rights, oil and gas rights, water rights, and personal injury or other legal claims.