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Family Law, Divorce, Custody and Child Support Attorneys in Denver, Colorado

Denver’s  Most Client-focused Divorce Law Firm

 Call our lawyers at 1-866-601-5518 for a free initial consutation.

Going through the divorce process in Colorado means assessing and deciding on mandatory issues before the court. This includes child custody, spousal support, property division and child support. As your divorce attorneys, you can expectdenver family law and divorce law attorney guidance and direction on how Colorado divorce law works, and the expected results in your particular case.

The Denver divorce law attorneys at Watson & Associates, LLC help you to make informed decisions, minimize contested issues and to plan for your future. We understand the stress and frustration involved in during the divorce process and provide you with substantial legal advice and representation. We litigate contested divorce issues such as:

 

Call our office to set up a free initial consultation. Call 720-941-7200.

 

Common financial mistakes to avoid when going through a divorce

  • Not communicating with your spouse.
  • Not understanding 72(t)(2)(c) section of the tax code regarding retirement plans
  • Not understanding, or making mistakes on Qualified Domestic Relations Orders, thus losing critical retirement benefit rights when retirement funds are divided.
  • Excessive front loading of maintenance can mean a loss of tax deduction.
  • Not understanding the tax link between child support and maintenance which can mean loss of tax deduction if the IRS believes you have claimed payments to be alimony instead of child support.
  • Not obtaining life insurance to cover maintenance and child support obligations.
  • Not considering the tax basis in property.
  • Paying tax on interest on property settlements.
  • Not getting credit for carry forwards on tax returns.
  • Not understanding the complexities of military and government pensions.

Ensure that you consult with an account on matters related to substantial assets.

 

Effectively Handle Marital Property During a CO Divorce

One of the issues that always needs to be addressed in a CO divorce is the division of the marital assets and liabilities (debts).

Assets include real estate, tangible property (such as vehicles and furniture), and financial assets (such as checking and savings accounts, financial investments, and retirement accounts).

Liabilities are what is owed to others. For example, your mortgage, car loans, credit/debit card debts, personal loans, student loans, and the amount owed on a lease are all liabilities.

When dividing the marital estate, parties sometimes do not understand the implications of retaining or giving up certain assets. For example, wishing to retain the marital home not only may mean having much needed financial assets tied up in real estate, but also has necessary ongoing expenses tied to it, such as taxes, insurance, maintenance, utilities, etc. There may also be a capital gains liability at the time of sale.

In most cases, the name on the title or account is not a critical issue, because if the property (or debt) was acquired or grew in value during the marriage than all or part of the asset/debt is considered marital.

People going through divorce often need assistance is determining what is marital property and what might be separate property. You should consult with one of our CO divorce lawyers. If a spouse is claiming something as separate property, and there is a disagreement about the claim, then the burden of proof is on the person claiming property as non-marital. Sometimes this is simple but often can be complex because the separate property has been co-mingled with marital property during the marriage.

Sometimes parties will agree to an unequal division of assets for a wide variety of reasons, including waiving spousal support. This is why discussing these important issues with a Denver divorce attorney in our office can help you to make sound decisions.

Denver Divorce, Custody & Child Support Lawyers

Ensure that you meet the filing requirements for Colorado divorce. To file for divorce in Colorado, you must have been a resident for at least 90 days before filing the complaint. The best way to meet this requirement is to see if one of the parties has actually lived in Colorado before filing the court documents. Our Denver divorce lawyers can help you to accurately determine this requirement.

Understand the automatic restraining order when you file for divorce: When you file for divorce in Colorado, an automatic restraining order goes into place by operation of law when the Summons is served. Both spouses are ordered by the court not to:

  • Remove a child of the parties from the state without prior written permission of the other spouse or order of the court;
  • Transfer, sell or encumber (borrow against) any property except in the usual course of business or for necessities;
  • Cancel, transfer or borrow against any insurance (including life, health, auto, disability) held for the benefit of either the other spouse or a minor child.
  • These orders remain in effect until the date you get your Decree.

As your divorce attorneys, we guide and educate you about the importance of this order. Most spouses fail to pay attention to this serious requirement. It could impact your case if you violate this rule. Contact us online for immediate help.

 

Have you met the statutory grounds for divorce?

Colorado is a “no-fault”  divorce state. You do not need to actually state a reason for wanting a divorce. Neither party has to prove wrongdoing or fault of the other party. The only “grounds” or legal requirement for a Dissolution of Marriage in Colorado is that the marriage is irretrievably broken, and that is based on the opinion and testimony of only one of the parties. Only one spouse needs to decide that he or she wants a divorce.

 

Ensure that there are no procedural errors: a problem can occur during the filing stages of a Colorado divorce when the other party is not properly served. This just delays the process. Our Denver divorce lawyers will oversee this process for you. You will receive guidance on the documents that you must turn over to the other side (discovery) and get help in assessing financials.

 

 Understand your rights when it comes to divorce and division of marital property: Colorado is an “equitable property” state. Generally, property acquired during the marriage is presumed to be “marital property”, meaning that it is owned by both spouses and must be divided “equitably” upon dissolution of the marriage. The same is true for debts as well as assets. There are exceptions to this. Generally, those items acquired during marriage by gift or inheritance are the separate property of the spouse receiving it. In addition, all property that was acquired before marriage is presumed to be separate property as long as that property has been kept separate and not commingled (mixed up) with the marital property. Finally, any appreciation of the value of separate property during the marriage may also be considered marital, and therefore subject to an equitable division. Separate debts of the parties remain separate debts upon dissolution.

 

Get Help With Divorce Modifications

After the Dissolution is final, you may wish to modify the final Decree, and the terms of the parenting plan or child support obligations. There may be reasons to do so based on a change of circumstances such as change of income, remarriage, change of residence, change of scheduling or any of a number of life changes. If you agree to the change, an agreement can be written and entered with the court and it will modify the provision of the Decree. It will then have the same force and effect as the Decree. If you are unable to agree, then either of you may file a Motion to Modify one of the terms of the Decree with the same Court that decided the original Dissolution of Marriage.

 

Get representation for disputed parental responsibility litigation: Effective February 1, 1999, the Colorado Legislature changed the law and the terminology from the more commonly-understood terms of “custody” and “visitation” to the more succinct and accurate term of “parental responsibilities”.  This is a heavily litigated part of a divorce. You should considering retaining one of our Denver divorce lawyers to protect your rights.

 

The rationale for this change and terminology, and the change in the outlook toward these divorce issues, is perhaps that the legislature believes that parents do not have rights to their children, as with their property, rather they have responsibilities to their children as parents, and that both parents maintain responsibilities for the children, even when there is a divorce. There are two types of parental responsibilities that the parents have during a Colorado divorce, each of which must be allocated during a Dissolution — “decision-making responsibilities” and “parenting time.”

 

Divorce lawyers for men in Colorado: Our Denver family law firm understand the men look at the litigation process in a different manner. Men should approach the process with a clear understanding of  the rules and what a court looks for.  We serve as divorce lawyers for men and women. However, experience shows that men should never fight the divorce process without an attorney. The results can be disastrous. In addition to protect father’s rights, we can also help you with visitation, paternity and child support matters.

Statewide Family Law Help

The Law Office of Watson & Associates handles family law cases for clients throughout Arapahoe County, Jefferson County, Douglas County, Adams County and the cities of Denver, Littleton, Centennial, Aurora, Lakewood, Golden, Northglenn, Thornton, Brighton, Highlands Ranch, Parker, Lakewood, Arvada, Englewood and Westminster.

 

925 South Niagara Street, Suite 600

Denver, CO 80224

Phone: 720-941-7200 ● Fax: 720-941-7201

The Colorado family and divorce  lawyers at Watson & Associates, LLC serve clients in Denver, Aspen, Colorado Springs, Fort Collins, Boulder, Steamboat Springs, Vail, Parker, Cherry Creek, Thornton, Lakewood, Centennial, Aurora, Grand Junction, Adams County, Denver County, Arapahoe County, Douglas County, Jefferson County, Broomfield County, Eagle County, Pitkin County, Gunnison County, El Paso County, and Garfield County.

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