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Denver Family Law Blog

Responding to a divorce petition in Colorado: What to do

When you receive a divorce or dissolution petition, you must answer it. The petition itself is first filed with the court, and then the divorce petition is served to the other party. Being served simply means you have been legally delivered the paperwork. As the respondent of the paperwork or defendant in the divorce process, you must respond to the petition within the selected time frame. Most of the time, it's 21 days.

Once you respond, you also need to discuss the allegations in the paperwork and make your arguments. If you don't do that within 30 days of receiving the paperwork, you won't be able to argue for what you want or need in issues of child custody or property division -- two areas you likely will want to have a say.

Property and divorce in Colorado: Protect what's yours

You're getting a divorce, but that doesn't mean you really want to lose half of your possessions or half of your monetary assets. In some cases, you may not have been married very long, or you may have brought more into the marriage that your soon-to-be ex. Fortunately, you're able to dispute what is and is not considered marital property, so you can have a better chance of keeping everything that's yours.

You have a number of options to choose from. First, you may need to look into proving what you had prior to marriage via receipts and other information. If you have a high-asset case, making sure you have an accurate valuation of the property involved is vital.

Divorce mediation in Colorado: Saving money and time

Divorce mediation is sometimes used in place of heading to court immediately during a divorce in Colorado. To dissolve your marriage, you have to file a lawsuit, but you don't have to go through litigation if you can work out the divorce without it. Divorce mediation is one thing you can try if you want to avoid litigation.

The goal of divorce mediation is to agree to divorce terms voluntarily. That means that you should be able to create an equitable and mutually acceptable divorce agreement, minimize the amount of hostility between you and your ex and eliminate or minimize post-divorce issues. Divorce mediation also aims to reduce the expense of divorce and the emotional trauma that can take place when the divorce goes through the litigation process.

Struggling with child custody in Colorado?

As a parent, you don't want to make your child go through a divorce. Unfortunately, divorces do happen, and child custody needs to be determined as quickly as possible for the sake of your child.

Child custody cases in Colorado can be complex. You might want to relocate, or your ex may want to spend more time with your children than you'd prefer. Whatever happens, you have a right to see your children, and you will always have the right to defend your visitation or custody needs.

Multi-billionaire heads to court over divorce

This interesting news about a divorce involving a multi-billionaire shows how a prenuptial agreement can be challenged in court. In this case, the wife of a multi-billionaire has claimed that her prenuptial agreement should be thrown out because she signed it under duress. If the request is granted by the courts, she could find herself being the recipient of one of the largest payouts from a divorce in the history of America.

The woman, a 43-year-old, claims that she was forced to sign her prenuptial agreement. She filed in court papers that she and her husband had argued intensely about the prenuptial agreement, and she alleged that he became violent with her since she didn't want to sign. He asked her to go to a psychologist, and she did; that's who she claims convinced her to sign the paperwork.

In Colorado, trusts make asset protection easier

When you're getting a divorce, you can protect your assets with something called a domestic asset protection trust. This trust is also known as DAPT and is a strategy some people have been using in place of a prenuptial agreement. It's believed that wealthy people have been able to essentially hide assets from creditors with this kind of trust, and that can work to protect assets during a divorce, too.

How it works is simple. The DAPT is an irrevocable trust. It means that you relinquish your rights to the assets and can't control them. The trick is that you're allowed to be a beneficiary of the trust as well as the creator, so you can get your money and assets at a later time while protecting them now.

Marital property in Colorado: Protecting and splitting assets

In Colorado, your divorce could lead to a number of questions. Who gets what property? How will your assets get split up? Marital property should be divided up in a way that is fair and equitable. What kind of property does that include? By definition, marital property is any asset or debt that was acquired while you were married.

Credit card debts, mortgages and loans may be included in those debts, while things like furniture, 401Ks and retirement accounts could be considered marital property and assets you've collected if you've gotten them during your marriage. Of course, divorces can be incredibly complex, which is why it's important to know the legal ins and outs of the process.

Are divorce records private in Colorado?

Court proceedings are typically public in Colorado. In many cases, that includes divorce cases. Unless the court you go to determines that the case can be placed under seal, your divorce will be open to public record. There are some exceptions to open court records, of course. That may include protecting divorce records due to sexual abuse, for example.

When you or your ex want to seal the record, it's normal for at least one of you to ask, if not both. If you don't, the record is likely to be left open. Making the decision is up to you, but the judge may determine if the request will be granted or not. The court must decide if the party will be damaged more by an open record instead of a closed record. Normally, there is a presumption that court records are open to public scrutiny.

What is divorce mediation in Colorado?

What is divorce mediation? It's simply a time where divorcing or separating couples can take the time to plan their lives and to make decisions about their futures. Divorce mediation is sometimes suggested for parents, since they will need to continue to communicate to make joint decisions for the safety and health of their children. Others who may benefit are those looking to avoid financial complications from an expensive divorce or those who don't want to go to court to avoid emotional stress.

In mediation, the mediator is a neutral party. He or she will work with the two in mediation to work out issues to do with the divorce. During mediation sessions, each person is given time to speak without interruption, and questions are asked to make communication clearer. Mediators essentially make sure the parties can communicate without a complete breakdown or halt in the process.

Oil tycoon's billion-dollar divorce heads to trial

The most expensive divorce in history took place in May 2014, but this story discusses the divorce that may just blow that divorce's settlement out of the water. The news has reported that an Oklahoma oil tycoon, a 68-year-old man worth around $20.2 billion, is going through a divorce that could cost him close to half his fortune.

The man's wife, who has been married to him for 26 years, is a 58-year-old woman who has the potential to receive up to $8 billion during their divorce settlement. The trial for the couple's divorce is expected to last eight weeks, and it will address the couple's assets.


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Denver, CO 80246

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