Boulder Divorce Attorney
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.
Attorney Sangeetha Mallavarapu has extensive experience as a divorce lawyer in Boulder, Denver, and 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. Her team at SM Family Law, LLC can give you the legal leadership you need.
Call (720) 586-4227 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.
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 dispute 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. SM Family Law, LLC is here to make sure your interests are represented, and your voice gets heard.
Equitable Distribution
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 non-financial 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. SM Family Law, LLC has extensive experience with 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.
LEADING THE WAY IN FAMILY LAW
Why Choose SM Family Law, LLC?
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Exclusive Focus on Family LawSM Family Law, LLC exclusively handles family law cases, ensuring specialized and in-depth expertise for each client's unique situation, offering the highest level of focused legal assistance.
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Exceptional Client-Centered ApproachAt SM Family Law, LLC, we prioritize the unique needs of each client, providing personalized, empathetic, and effective legal representation to ensure the best outcomes in family law matters.
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Proven Track Record of SuccessWith a history of winning complex cases and achieving favorable outcomes, SM Family Law, LLC is dedicated to delivering reliable, professional, and strategic legal solutions for all family law issues.
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Comprehensive Legal ExpertiseOur team specializes in a wide range of family law services, from divorce and child custody to alternative dispute resolution, ensuring that clients receive thorough and knowledgeable support throughout their legal journey.
Spousal Maintenance
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
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
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
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.
Legal Leadership You Can Trust
The process of negotiating a divorce settlement isn’t easy, and people need to know the Boulder divorce lawyer they rely on will have their back and keep their best interests foremost in mind. SM Family Law, LLC has earned a lot of good client reviews over the years, and we welcome the opportunity to win your trust too. Let us help you work towards a fair settlement.
Call (720) 586-4227 today.
Frequently Asked Questions About Divorce in Colorado
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, 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.