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Divorcing in Colorado? Tips for Keeping More of Your Money

Wednesday, 10 September 2014

colorado springs divorce lawyer.2As a Colorado Springs family lawyer, I am often asked how to make divorce less expensive, or if it's even possible to maintain the same standard of living after a divorce. A lot depends on how amicable you and your spouse can be, and how you go about the process. An over-reliance on litigation can make a divorce very expensive, and that's not only because of the legal costs. In many cases, mediation is a much safer and more affordable route for couples, especially those with minor children.

Spousal support and mediation

In the state of Colorado, seeking spousal support through the court system is a risky proposition. Oftentimes, plaintiffs are naïve about Colorado spousal support guidelines. Too often they find out that the law is not going to work in their favor. This is why many Colorado Springs family law attorneys suggest that clients attend at least one mediation session before heading to the courtroom.

Similar to child support, Colorado spousal support laws use a standard formula. Sometimes the percentages and calculations used in their judgments are not appropriate for your situation. Conversely, upon entering mediation, the State does not require the mediator to follow the same formula. As a matter of fact, if the two of you are to work out an agreement you can use any support arrangement your family needs.

One example is that perhaps one of you needs to stay at home to take care of a disabled child, and can never have a full-time job again; you may realize that none of Colorado's spousal maintenance formulas provide enough flexibility to obtain the support you require. Or maybe you will be the spouse paying the support, and you do not have a job that provides a steady income throughout the year. If you don't have a steady income, you cannot provide a constant amount of support. These cases allow for the two of you to come up with an agreement that will work for your whole family.

Ask your Colorado Springs divorce lawyer about their experiences with spousal support situations, and be sure they can be present during mediation in order to guarantee that your interests are fairly and accurately represented.

Understanding Equitable Distribution in Colorado

Equitable distribution is a commonly used term if you are in the midst of a Colorado divorce, but many couples misconstrue the meaning of this phrase. In the case of divorce, equitable does not necessarily mean equal. To better understand this term and get the settlement you deserve, it helps to work with a Pueblo family law attorney.

Your property and assets will be divided depending on your financial situation at the point at which you become separated. These are some important tips your lawyer should look over:

  • How much is yours or your spouse's separate property worth? Separate property means anything that was obtained before your marriage, for example a car, trust fund, or even a house.
  • Did one of you do the majority of the effort that was required to obtain your marital property?
  • Would one of you be able to prove that the other spouse purposely dissolved your marital property?
  • Does one spouse have considerably larger earning capability?
  • What do you think your estimated net worth was before the marriage, and how long did this marriage last?
  • When it comes to children, which spouse accepts the most responsibility for raising your kids?
  • Have either your spouse or you ever been unfaithful or charged with domestic violence?

Although the answers to many of these questions might have minor effects on your property settlement, every relevant factor is considered during mediation or in a courtroom. You may not be aware that you are eligible for a larger share of the marital property than you had first expected. Equitable distribution measures fairness greater than equality, and an experienced family law attorney knows exactly how to ensure you and your spouse agree on a fair settlement.

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MPatMarrisonFor over a quarter century, we have helped people during what is often the darkest time in their lives. Divorce is not easy even under the best of circumstances. For most people, family is central. Having something go wrong in the family can have a ripple effect that extends beyond the home and into other areas.

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