how is property divided in a divorce in colorado

How are assets divided in a divorce in Colorado?

All marital property will be divided in an equitable fashion according to the court unless agreed to otherwise by the divorcing spouses. The term “equitable” is defined by the court as “that which is fair, but not necessarily equal.” Marital assets in Colorado are not necessarily divided 50/50.

Who gets the house in a divorce in Colorado?

Colorado is a marital property state, meaning that the courts seek to fairly divide your marital assets between both spouses in a divorce. Generally speaking, that will include the home you purchased with your spouse. Everything you own ends up classified as either marital property or separate property.

What is considered marital property in Colorado?

All property acquired during the marriage, with exceptions such as inheritances and gifts, is considered marital property and subject to division. Marital property is to be divided equitably.27 мая 2016 г.

What is considered separate property in a marriage?

Separate property is anything you have that you owned before you were married or before you registered your domestic partnership. Inheritances and gifts to 1 spouse or domestic partner, even during the marriage or domestic partnership, are also separate property.

Does it matter who files for divorce first in Colorado?

A.

When you are the first to file for divorce, you are generally choosing where the case will be heard and decided. Importantly, if the two parties live in different states, you’ll want to check local laws to determine, with your attorney, where it would be most beneficial to file the case.

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How many years do you have to be married to get alimony in Colorado?

The Court may award maintenance in short-term marriages of less than three years when it is equitable to do so. In some cases, when the duration of the parties’ marriage exceeds twenty years, the court may award maintenance for a specified term of years or for an indefinite term.

Is divorce 50 50 in Colorado?

Colorado law requires that division of property in divorce be “equitable and fair,” which means that it doesn’t necessarily have to be a 50/50 split. By contrast, community property states hold that all property accrued during a marriage is subject to a 50/50 distribution.

How can I get a quick divorce in Colorado?

You can file for an uncontested divorce by submitting “an affidavit for decree without appearance of parties” in the district court of the county where either you or your spouse lives. Your county district court clerk’s office should have a form affidavit you can use.

Is Colorado a mom State?

Colorado courts are gender blind, so the parents are on equal footing. No preference is given to either the mother or the father. Colorado law expresses a preference for parents to share as equally as possible in the custody of a child in a divorce case. Parents generally share decision-making responsibilities.

Can a spouse kick you out of the house in Colorado?

First, there is no such thing as abandonment under Colorado law. Colorado is a no-fault divorce state. So, if you do decide it is best to move out, your spouse cannot, in most cases, use this against you in a child custody dispute.

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Is Colorado a spousal state?

Colorado is a marital property state, not “community property”. That means that the assets and debts acquired during marriage (i.e. the marital estate) should be divided equitably between the spouses upon dissolution of marriage, legal separation or annulment.

How much does divorce cost in Colorado?

In order to get a divorce, you, or your spouse, must file a petition for dissolution of marriage (divorce). Courts charge fees for filing legal paperwork. The current filing fee for a divorce petition is $195.

What is not considered marital property?

Though the term non-marital property often refers to any personal or real property owned prior to, and brought into the marriage, it can also refer to things such as inheritances and gifts made to only one spouse.

Does my wife get half of everything in a divorce?

The court will generally divide the marital property in half, and each spouse will get one half of the total property. This doesn’t mean each item will be split in half; one spouse might get the car and the other spouse might get the furniture.

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