Divorce vs. Legal Separation: Which Is Right for You?

When a marriage is no longer working, couples are often faced with a difficult question: should they pursue a divorce or consider a legal separation? While both processes allow spouses to live apart and establish legal arrangements regarding finances, property, and children, the outcomes and long-term implications are very different. Understanding the differences between divorce and legal separation can help you decide which path makes the most sense for your unique situation.

What Is Legal Separation?

A legal separation is a court-approved arrangement where a married couple lives apart but remains legally married. It is more than just moving into separate homes—it involves filing a petition with the court and establishing legally binding agreements on issues such as:

Child custody and visitation
Child support
Spousal support (alimony)
Division of property and debts

In Colorado, for example, couples must file for legal separation through the court system, much like they would for a divorce. The court issues a decree of legal separation, which formalizes the arrangement.

Why Choose Legal Separation?

For some couples, legal separation is a more suitable option than divorce. Reasons might include:

Religious or Personal Beliefs
Some faiths strongly discourage or prohibit divorce, making legal separation a way to live independently while respecting those beliefs.
Health Insurance and Benefits
Remaining legally married can allow one spouse to continue receiving health insurance coverage through the other’s employer or maintain access to certain benefits.
Financial Considerations
Couples may find that separating legally—while remaining married—allows them to better manage joint financial responsibilities, tax benefits, or retirement benefits.
Uncertainty About Divorce
For some couples, legal separation provides space and time to determine whether reconciliation is possible, without the finality of divorce.
Residency Requirements
In certain situations, couples may choose legal separation first if they have not yet met the residency requirements to file for divorce in their state.

What Is Divorce?

Divorce, or dissolution of marriage, is the permanent and legal end of a marriage. Once a divorce is finalized, both parties are legally single and free to remarry. Like legal separation, divorce requires court involvement and addresses issues such as:

Division of property and debts
Child custody and visitation
Child support
Spousal support

However, unlike legal separation, divorce is final and comes with legal consequences that cannot easily be reversed.

Why Choose Divorce?

Divorce may be the best option if you are ready to move on completely from the marriage. Reasons couples choose divorce include:

Closure and Independence
Divorce provides a clean break and allows both spouses to fully move forward with their lives.
Ability to Remarry
Only divorce allows individuals to remarry. For those who want the option of future relationships or marriages, this is essential.
Financial Independence
Divorce legally severs financial ties between spouses, which can help avoid conflicts over future debts or obligations.
Finality
For many, the emotional clarity of divorce outweighs the uncertainty of ongoing legal separation.

Key Differences Between Divorce and Legal Separation

While divorce and legal separation may look similar in terms of process, the differences are critical:

Aspect	Divorce	Legal Separation
Marital Status	Legally single	Still legally married
Ability to Remarry	Yes	No
Insurance & Benefits	Usually ends spousal benefits	Spousal benefits may continue
Financial Separation	Complete division of property/debts	Similar division, but marriage remains intact
Emotional Closure	Permanent	May leave door open for reconciliation
Religious/Personal Considerations	May conflict with beliefs	Allows separation without violating beliefs

How to Decide Between Divorce and Legal Separation

Deciding whether divorce or legal separation is right for you depends on your goals, values, and circumstances. Consider the following questions:

Are you certain your marriage is over?
If reconciliation is not an option, divorce may be best.
Do you want the option to remarry?
If yes, only divorce will allow that.
Are there financial or insurance benefits you want to preserve?
Legal separation might allow you to maintain access to these.
Do religious or personal beliefs make divorce difficult?
Legal separation could be a respectful alternative.
Do you need time and space to decide?
Legal separation provides a trial period without the permanence of divorce.

Ultimately, your choice should reflect both your emotional well-being and your long-term practical needs.

Legal Process for Divorce and Legal Separation in Colorado

In Colorado, both divorce and legal separation follow a similar process:

Filing a Petition – One spouse files paperwork with the court.
Financial Disclosures – Both parties exchange information about assets, debts, and income.
Negotiation/Mediation – Couples attempt to agree on property division, custody, and support.
Court Hearing – If agreements are reached, a judge reviews and approves them. If not, the court makes final decisions.
Final Decree – The court issues either a decree of dissolution (divorce) or a decree of legal separation.

One important note: In Colorado, couples who are legally separated can later convert their separation into a divorce decree after six months if they choose. This flexibility can be helpful for couples who are unsure about their long-term decision.

Conclusion: Choosing the Right Path

Whether divorce or legal separation is right for you depends on your personal circumstances, financial needs, and long-term goals. Both options involve serious legal and emotional considerations, and making the wrong choice can have lasting consequences. That’s why it’s crucial to seek guidance from experienced family law attorneys who can help you navigate the process and make informed decisions.

At Divorce Matters, we understand how difficult these choices can be. Our compassionate and knowledgeable team has helped countless individuals in Colorado determine the best path forward for their families. Whether you’re considering legal separation, divorce, or simply exploring your options, we are here to guide you every step of the way.

Understanding Child Support in Colorado: What Parents Need to Know

Child support is one of the most important financial obligations that arises when parents separate or divorce. In Colorado, the state’s guidelines are designed to ensure children continue to receive the financial support they need to thrive—regardless of which parent has primary custody. For parents navigating this process, understanding how child support is determined, enforced, and modified is essential.

How Child Support Is Calculated in Colorado

Colorado uses an income shares model to calculate child support. This means the court considers the combined income of both parents and estimates how much they would have spent on their child if they were living together. That amount is then divided proportionally between the parents based on their respective incomes.

Key factors that influence the calculation include:

Gross income of both parents (wages, bonuses, commissions, self-employment income, etc.)
Number of overnights each parent has with the child
Expenses for health insurance, childcare, and extraordinary medical needs
Other children supported by either parent

The Colorado Child Support Guidelines provide a formula that judges, lawyers, and parents use to determine the monthly payment.

Duration of Child Support

Child support in Colorado typically continues until a child turns 19. However, there are exceptions:

If the child is still in high school, support may extend until graduation (but not beyond age 21).
Support may also extend if the child has certain physical or mental disabilities.

Modifying Child Support Orders

Life circumstances can change, and Colorado law recognizes this. Either parent can request a modification of child support if there has been a substantial and continuing change in circumstances, such as:

A significant change in income (job loss, promotion, or new employment)
A change in parenting time or custody arrangements
Increased medical or childcare costs

Generally, the change must result in at least a 10% difference in the monthly payment for a modification to be considered.

Enforcement of Child Support

If a parent fails to meet their child support obligations, the state has several enforcement mechanisms, including:

Wage garnishment
Tax refund interception
Suspension of driver’s licenses or professional licenses
Contempt of court actions

The Colorado Child Support Services (CSS) program can assist with enforcement, but working with an attorney can provide more personalized guidance and stronger advocacy in court.

Conclusion: Getting the Help You Need

Child support is about ensuring that children have the resources they need to grow and succeed. For parents, understanding the rules can feel overwhelming—especially when circumstances change or disputes arise.

At Divorce Matters, our experienced family law attorneys help parents navigate every aspect of child support, from initial calculations to modifications and enforcement. If you have questions or need representation, we’re here to protect your rights and ensure your child’s best interests are put first. Call us now and book an appointment!

Marital Property Colorado Springs

Is Colorado a Marital Property State? Learn More from Divorce Matters® Colorado Springs.

Divorce Matters® has the experience and resources needed to handle any and all of your family and divorce law issues – learn more by booking a consultation today.

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Division of Marital Property in Colorado Springs: Is Colorado a Marital Property State?

An important part of the divorce process in Colorado Springs is figuring out how to divide the marital property. Firstly, you must know the answer to the question, “Is Colorado a marital property state?” The answer is yes. Then, you must understand that the marital property procedure generally involves two steps. First, it must be determined what the marital property is. Second, the marital property must be divided equitably. But there are special considerations when it comes to removing marital property before divorce. Let’s look at each of those steps more closely:

What is Marital Property?

State law, specifically Colo. Rev. Stat. § 14-10-113(2), defines “marital property” as “all property acquired by either spouse subsequent to the marriage.” So, is Colorado a marital property state? Yes, Colorado follows the principle of equitable distribution, meaning that marital property is divided fairly, though not always equally, in a divorce. Anything that isn’t marital property is considered “separate property” and will not be divided in a divorce case.

Separate property is generally defined as being anything acquired by either spouse prior to getting married. It also includes certain types of property acquired during the marriage that is statutorily excluded from the marital property definition, such as property:

Acquired by gift, bequest, devise, or descent
Acquired in exchange for property acquired before the marriage or in exchange for property acquired by gift, bequest, devise, or descent
Acquired by a spouse after a decree of legal separation
Excluded by valid agreement of the parties (e.g., by a prenuptial agreement)

The division of assets in a divorce case is almost always harder and more emotionally taxing than it initially might seem. This is especially true for high-net-worth couples and couples who either jointly own a business or have complex business interests that are difficult to quantify monetarily. Unfortunately, it is also not uncommon for a spouse in a contentious divorce to either hide or undervalue assets, which can necessitate drawn-out litigation. If you’re wondering, “Is Colorado a marital property state?”, it’s important to understand how the law applies to your unique circumstances and seek legal guidance to ensure your rights are protected.

Equitable Division

Once the marital property has been identified and valued, it is then subject to equitable division by the courts – that is, if the couple hasn’t already divided it between themselves through mutual agreement via mediation. The word “equitably” in the context of divorce property division means that marital property must be divided fairly, but not necessarily 50-50.

Removing marital property before divorce is prohibited. By statute, a judge that is presiding over the dissolution of a marriage case in Colorado is required to consider a variety of factors in making sure that the marital property is divided in this way. Those factors – also from Colo. Rev. Stat. § 14-10-113 – are the contribution of each spouse during the marriage; the value of the property set apart to each spouse; the economic circumstances of each spouse at the time the marriage terminates; and any increases or decreases in the value of the separate property of either spouse during the marriage.

Marital Debt

Is Colorado a marital property state when it comes to debt? Yes – it definitely warrants mentioning here that any debt acquired during a marriage in Colorado Springs becomes part of the equitable division equation during a divorce. In other words, a divorce court is empowered to allocate debt in a way that’s fair under the circumstances. A common misconception is that debt acquired in only one spouse’s name during the marriage is automatically classified as separate property and thus not subject to division. That isn’t necessarily true, and in fact, most debts acquired by either spouse during a marriage will be deemed marital property and divided accordingly.

Searching for the Best Divorce Lawyer in Colorado Springs?

Divorce Matters® has the experience and resources needed to handle any and all of your family and divorce law issues – learn more by booking a consultation today.

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Not All Marital Property Is Created Equal

Complicating the process is the fact that all assets are not worth what they appear to be worth.

What if the marital property of a couple equals $800,000 and consists of:

Family home with $200,000 in equity,
Ski-condo with $200,000 in equity,
401K with a current market value of $200,000, and
Savings account with $200,000.

Which would you take and why? The answer to that question depends on a number of factors.

Do you have a steady income to pay your bills?
Do you need the money to live on immediately?
Can you afford to maintain the family home? If so, what if there are unexpected costs associated with maintaining the family home?
If you sell the family home, will there be any capital gain taxes to pay? If so, what will they be?
Can you sell the family home?
If you sell the home, can you qualify for a mortgage on your own?
What if you try to sell the home and find out it needs a new roof and $30,000 in repairs?
If you sell the ski condo, will there be any capital gains to pay, and if so, how much? If you do not sell the ski condo, will you be able to rent it out and cover the costs to maintain it?
If you take the 401K and need the money to live on, will there be an early withdrawal penalty? Will you have to pay income tax on the amount withdrawn? If so, how much is the penalty, and what is the tax bill? Many people fail to realize until it is too late, that if they cash out their 401K, it might only be worth ½ of its market value after penalties and taxes are paid.

Personal Business Interests

If either you or your spouse owns a business, it can get even more complicated. When a business is involved, the parties usually need to hire an expert to determine the value of the business. Then, once the value of the business is determined, it can get even more difficult to determine how to divide the business.

Determine What Each Asset Is Worth Based on Your Circumstances

Is Colorado a marital property state when it comes to joint gifts? If you and your spouse received joint gifts during the marriage, such as wedding presents, there is no assumption that gifts from the wife’s family and friends belong to the wife or that gifts from the husband’s family and friends belong to the husband. This very well may be the most equitable way to divide these types of gifts; however, there is no hard and fast rule.

Separate Property

Determining what is separate property can be somewhat complicated, but most commonly it is any property owned before the marriage. It can also include certain types of property acquired during the marriage such as gifts and inheritance. For instance, a house you owned before the marriage is your separate property, but so is the money you inherited after you were married. This is because both inheritance and gifts to you are separate property. However, separate property can be converted to marital property, and in addition to that, it is your responsibility to prove that money or assets that you own are separate property. You will need to provide documentation of how you acquired the asset or money, and if you cannot the Court will consider it marital. Furthermore, if you combine the separate property with marital property, it can be construed as a gift to the marriage – therefore making the argument of removing marital property before divorce statute applicable. This is a common debate amongst parties when someone asserts that an asset is a separate property.

What Are Your Options with Property Before and After A Petition For Dissolution Is Filed?

Once someone files for divorce and serves the other party, a temporary injunction is put in place, and both parties have an obligation to preserve the marital estate, among other obligations. This means removing marital property before divorce is prohibited and you cannot start recklessly spending money in a manner different from the way you did before filing. You also cannot dispose of marital assets without the approval of the judge. Essentially, you should continue living as you did before, and any large or unusual purchases should be put on hold until you’re officially divorced. If there is an immediate need for something out of the ordinary, your attorney can guide you on the best course of action and perhaps negotiate a course of action with the opposing party.

What is not so obvious is what you can do before the divorce papers are served. Although it might seem like everything is fair game before someone is served with paperwork, that is not the case. In reality, if someone takes an action that only benefits them because they know or suspect that a divorce is coming the judge can account for that when dividing up the property. It is never advisable to dissipate marital assets in anticipation of a divorce.

Contact Divorce Matters® Today

The team at Divorce Matters® has helped thousands of clients and counting navigate the Colorado divorce process – like avoiding the prohibited act of removing marital property before divorce – and get a fresh start in life. We are compassionate and experienced advocates who focus exclusively on family legal matters, including but not limited to equitable divorce property division, spousal maintenance (alimony), child custody and support, prenuptial agreements, collaborative divorce, appeals, and more. To schedule a consultation, either call Divorce Matters® at 720-542-6142 or complete this convenient online form.

Gifts & Inheritance

In a dissolution of marriage, there are two different categories of property: marital and nonmarital (also referred to as separate property). In general, property that one spouse acquires by gift (or bequest, devise, or descent), is considered nonmarital property, regardless of whether it was acquired prior to or during the marriage. This means that gifts, ordinarily, are not taken into consideration for purposes of an equitable division of property, as the court can only divide marital property. Colorado law views inheritances as gifts.

However, gifts can lose their nonmarital status and become marital property. This may occur through commingling, change of title, or subsequent gifting. Commingling occurs when separate property becomes mixed with marital property, such that the separate property is so intertwined with the marital property that one can no longer discern its separate character. For example, if you receive a $25,000 cash gift from your parents (either before or during the marriage), but you then deposit or transfer that $25,000 into your joint bank account titled in both you and your spouse’s name that currently has $5,000. Then, through the years of marriage, both you and your spouse continuously deposit and withdraw money from the joint account. Eventually, unless you have kept an extremely detailed accounting, it will be impossible to tell what money was from your nonmarital gift. When commingling occurs, the other spouse has the ability to assert that all of the funds within this joint account, even though initially comprised mostly of nonmarital funds, are marital and subject to equitable distribution at divorce.

Conversely, when it comes to gifts from one spouse to the other, there exists a presumption that such gifts are marital property. The presumption does not apply, however, to “gifts of nonbusiness tangible personal property.” § 14-10-113(7)(a), C.R.S. Types of these gifts include furs, rings (including the engagement ring), artwork, and other tangible personal property gifts. For gifts under this category, the property is considered the nonmarital property of the recipient spouse (the spouse that received the gift from the other spouse). Additionally, when the presumption applies, i.e., when the property at issue is not a gift of “nonbusiness tangible personal property,” the presumption can only be overcome by “clear and convincing evidence;” otherwise, it is marital property.

What about joint gifts? If your spouse and you received joint gifts during the marriage, such as wedding presents, there is no assumption that gifts from the wife’s family and friends belong to the wife or that gifts from the husband’s family and friends belong to the husband. This very well may be the most equitable way to divide these types of gifts; however, there is no hard and fast rule.

Child Support and Gifts

While Colorado law regarding gifts and inheritances for division of property can be relatively straightforward, it can be much more complex for determining a spouse’s income for purposes of child support. In fact, the court is not required to consider gifts for purposes of determining a spouse’s income for child support purposes, unless the gift is regularly received from a dependable source. In re Marriage of Nimmo, 891 P.2d 1002 (Colo. 1995). Future gifts, in order to be considered as income, cannot be speculative whatsoever.

If, however, you or your spouse is to receive a one-time gift in the future, such as an inheritance or winning the lottery, the court may include the gift in the calculation of income for the year in which the gift will be received. In re A.M.D. (Casteel v. Davidson), 78 P.3d 741 (Colo. 2003). The court also has a few options in deciding how to apply this type of gift, particularly regarding interest accrued from the gift, in years subsequent to the one-time payment. See In re Marriage of Bohn, 8 P.3d 539 (Colo. App. 2000) (holding that the imputation of investment income is not automatic and only applies if a spouse invests a portion of the funds, in which case income from interest could be used as the spouse’s income); In re Marriage of Laughlin, 932 P.2d 858 (Colo. App. 1997) (holding that gross income for child support purposes can include the amount of income an asset could “reasonably” be expected to generate, even if that asset had been consumed prior to the determination of child support); In re Marriage of Bregar, 952 P.2d 783 (Colo. App. 1997) (holding that if income is imputed as a result of a large, one-time payment, the net amount received, after payment of taxes, should be used).

While perhaps not the most common example (even though we all may wish it were), lottery winnings are helpful in explaining the complexity further. “Monetary gifts,” in general, are included within the definition of “gross income” for purposes of child support. There is a narrow exclusion for lottery winnings, but the vast majority of the lottery winnings will be considered in calculating a spouse’s income. Where lottery winnings are paid out in equal periodic installments (such as monthly), the appropriate manner for including them as income will typically be the same, i.e., monthly. In re Marriage of McCord, 910 P.2d 85 (Colo. App. 1995). But, when lottery winnings are to be paid in a lump sum, a Colorado court has indicated that child support may be calculated by including the entire winnings in the spouse’s income for the year in which the lump sum was received, without deduction for tax withholding. In re Marriage of Bohn, 8 P.3d 539 (Colo. App. 2000). A court then has the aforementioned variety of options in how to assess the spouse’s future income.

Dealing with inheritances can be a bit trickier. The definition of income in section 14-10-115(5)(a)(1), C.R.S., does not include “inheritance,” but the statute specifically includes “monetary gifts” as income, and the Colorado Supreme Court has concluded that monetary inheritances fall within this definition. In re A.M.D. (Casteel v. Davidson), 78 P.3d 741 (Colo. 2003). “Monetary” inheritances include cash or “[a]ssets that can be easily converted to cash,” such as money markets, mutual funds, stocks, and bonds. If an inheritance is “monetary,” then, before the court can include the inheritance as income, it must examine the recipient spouse’s use of the money. If the recipient spouse uses the principal as a source of income to meet existing living expenses or to increase their standard of living, the expended principal should be included as gross income. On the other hand, if the spouse saves or invests the monetary inheritance, such reserved principal is not included in gross income, but the interest generated by the principal is considered income.

While gifts can be relatively straightforward for purposes of division of property, it is not overly difficult to convert something from what was once nonmarital property to marital property. More importantly, gifts can be quite complicated when it comes to determining a spouse’s income.

FAQ

Will all possessions be divided equally during a divorce?

Colorado Is an “equitable distribution” state. The court defines “equitable” as “that which is fair, but not necessarily equal.” Thus, marital assets in Colorado are not necessarily divided evenly in a 50/50 ratio. Additionally, only marital assets will be divided, separate assets will be kept separate.

Am I responsible for my spouse’s debt?

You and your spouse are both responsible for any debt incurred during the course of your marriage, regardless of whose name the debt is in. However, it is possible to negotiate how debt is handled during the divorce process. Contact our law firm for more information.

Divorce can affect the amount of Social Security benefits you receive during retirement. Generally, if the marriage lasted for more than 10 years, spouses may be entitled to receive their ex-spouse’s Social Security benefits. This is a complex area of the law, so contact our law firm to set up a review of your unique situation.

What is a QDRO in divorce?

A Qualified Domestic Relations Order (QDRO) is a detailed order used for dividing up a retirement plan during a divorce. Retirement plans that were either obtained during the marriage, or have increased in value during the marriage, are generally considered marital property and can be subject to a QDRO. QDRO’s are specifically needed when splitting up a 401K plan or most pensions (defined benefit plan). However, they are not generally needed for dividing up IRA’s or Roth IRA’s.

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Douglas A. Thomas

Founding Partner

As founder of Divorce Matters®, my team of attorneys works with families in Colorado to help them achieve optimal outcomes in the highly emotional, individual, and sensitive area of family law, particularly divorce, child custody, and child support.

Professional and Community Associations

• Colorado Bar Association
• Arapahoe County Bar Association
• Colorado Defense Lawyers Association
• Defense Research Institute ”“ Member

Public & Speaking Engagements

Mr. Thomas has been a frequent speaker at the Colorado Defense Lawyers Association and numerous Continuing Legal Education seminars.

Bar Admissions

• Colorado
• U.S. District Court, Colorado

Education

• J.D., University of Denver, 1993
• B.A., New Mexico Highlands University, magna cum laude, 1989

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Justin J. Oliver

Lead Attorney

As an attorney, I care about my clients and alleviating the problems they bring to me and ensure they receive nothing less than top-notch from when we first meet to the conclusion of their legal matter. From representing clients in divorces, custody disputes, protection order hearings, child and spousal support conflicts, parentage issues, and many other issues surrounding and concerning families here in Colorado, myself and the Divorce Matters® team are here for you.

I care about my clients and alleviating the problems they bring to me and ensure they receive nothing less than top-notch from when we first meet to the conclusion of their legal matter.

Professional and Community Associations

• Member, Colorado Bar Association
• Member, Larimer County Bar Association

Bar Admissions

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Education

•J.D., Drake University Law School, 2014
• B.A., Sociology, Western State Colorado University, 2011

Removing Marital Property Before Divorce – Fort Collins

Is Colorado a Marital Property State? Learn More from Divorce Matters® in Fort Collins.

Divorce Matters® has the experience and resources needed to handle any and all of your family and divorce law issues – learn more by booking a consultation today.

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Division of Marital Property in Fort Collins: Is Colorado a Marital Property State?

An important part of the divorce process in Fort Collins is figuring out how to divide the marital property. Firstly, you must know the answer to the question, “Is Colorado a marital property state?” The answer is yes. Then, you must understand that the marital property procedure generally involves two steps. First, it must be determined what the marital property is. Second, the marital property must be divided equitably. But there are special considerations when it comes to removing marital property before divorce. Let’s look at each of those steps more closely:

What is Marital Property?

State law, specifically Colo. Rev. Stat. § 14-10-113(2), defines “marital property” as “all property acquired by either spouse subsequent to the marriage.” So, is Colorado a marital property state? Yes, Colorado follows the principle of equitable distribution, meaning that marital property is divided fairly, though not always equally, in a divorce. Anything that isn’t marital property is considered “separate property” and will not be divided in a divorce case.

Separate property is generally defined as being anything acquired by either spouse prior to getting married. It also includes certain types of property acquired during the marriage that is statutorily excluded from the marital property definition, such as property:

Acquired by gift, bequest, devise, or descent
Acquired in exchange for property acquired before the marriage or in exchange for property acquired by gift, bequest, devise, or descent
Acquired by a spouse after a decree of legal separation
Excluded by valid agreement of the parties (e.g., by a prenuptial agreement)

The division of assets in a divorce case is almost always harder and more emotionally taxing than it initially might seem. This is especially true for high-net-worth couples and couples who either jointly own a business or have complex business interests that are difficult to quantify monetarily. Unfortunately, it is also not uncommon for a spouse in a contentious divorce to either hide or undervalue assets, which can necessitate drawn-out litigation. If you’re wondering, “Is Colorado a marital property state?”, it’s important to understand how the law applies to your unique circumstances and seek legal guidance to ensure your rights are protected.

Equitable Division

Once the marital property has been identified and valued, it is then subject to equitable division by the courts – that is, if the couple hasn’t already divided it between themselves through mutual agreement via mediation. The word “equitably” in the context of divorce property division means that marital property must be divided fairly, but not necessarily 50-50.

Removing marital property before divorce is prohibited. By statute, a judge who is presiding over the dissolution of a marriage case in Fort Collins, Colorado, is required to consider a variety of factors in making sure that the marital property is divided in this way. Those factors – also from Colo. Rev. Stat. § 14-10-113 – are the contribution of each spouse during the marriage; the value of the property set apart to each spouse; the economic circumstances of each spouse at the time the marriage terminates; and any increases or decreases in the value of the separate property of either spouse during the marriage.

Marital Debt

Is Colorado a marital property state when it comes to debt? Yes – it definitely warrants mentioning here that any debt acquired during a marriage in Colorado becomes part of the equitable division equation during a divorce. In other words, a divorce court is empowered to allocate debt in a way that’s fair under the circumstances. A common misconception is that debt acquired in only one spouse’s name during the marriage is automatically classified as separate property and thus not subject to division. That isn’t necessarily true, and in fact, most debts acquired by either spouse during a marriage will be deemed marital property and divided accordingly.

Searching for the Best Divorce Lawyer in Fort Collins?

Divorce Matters® has the experience and resources needed to handle any and all of your family and divorce law issues – learn more by booking a consultation today.

BOOK A CONSULTATION

Not All Marital Property Is Created Equal

Complicating the process is the fact that all assets are not worth what they appear to be worth.

What if the marital property of a couple equals $800,000 and consists of:

Family home with $200,000 in equity,
Ski-condo with $200,000 in equity,
401K with a current market value of $200,000, and
Savings account with $200,000.

Which would you take and why? The answer to that question depends on a number of factors.

Do you have a steady income to pay your bills?
Do you need the money to live on immediately?
Can you afford to maintain the family home? If so, what if there are unexpected costs associated with maintaining the family home?
If you sell the family home, will there be any capital gain taxes to pay? If so, what will they be?
Can you sell the family home?
If you sell the home, can you qualify for a mortgage on your own?
What if you try to sell the home and find out it needs a new roof and $30,000 in repairs?
If you sell the ski condo, will there be any capital gains to pay, and if so, how much? If you do not sell the ski condo, will you be able to rent it out and cover the costs to maintain it?
If you take the 401K and need the money to live on, will there be an early withdrawal penalty? Will you have to pay income tax on the amount withdrawn? If so, how much is the penalty, and what is the tax bill? Many people fail to realize until it is too late, that if they cash out their 401K, it might only be worth ½ of its market value after penalties and taxes are paid.

Personal Business Interests

If either you or your spouse owns a business, it can get even more complicated. When a business is involved, the parties usually need to hire an expert to determine the value of the business. Then, once the value of the business is determined, it can get even more difficult to determine how to divide the business.

Determine What Each Asset Is Worth Based on Your Circumstances

Is Colorado a marital property state when it comes to joint gifts? If you and your spouse received joint gifts during the marriage, such as wedding presents, there is no assumption that gifts from the wife’s family and friends belong to the wife or that gifts from the husband’s family and friends belong to the husband. This very well may be the most equitable way to divide these types of gifts; however, there is no hard and fast rule.

Separate Property

Determining what is separate property can be somewhat complicated, but most commonly it is any property owned before the marriage. It can also include certain types of property acquired during the marriage such as gifts and inheritance. For instance, a house you owned before the marriage is your separate property, but so is the money you inherited after you were married. This is because both inheritance and gifts to you are separate property. However, separate property can be converted to marital property, and in addition to that, it is your responsibility to prove that money or assets that you own are separate property. You will need to provide documentation of how you acquired the asset or money, and if you cannot the Court will consider it marital. Furthermore, if you combine the separate property with marital property, it can be construed as a gift to the marriage – therefore making the argument of removing marital property before divorce statute applicable. This is a common debate amongst parties when someone asserts that an asset is a separate property.

What Are Your Options with Property Before and After A Petition For Dissolution Is Filed?

Once someone files for divorce and serves the other party, a temporary injunction is put in place, and both parties have an obligation to preserve the marital estate, among other obligations. This means removing marital property before divorce is prohibited and you cannot start recklessly spending money in a manner different from the way you did before filing. You also cannot dispose of marital assets without the approval of the judge. Essentially, you should continue living as you did before, and any large or unusual purchases should be put on hold until you’re officially divorced. If there is an immediate need for something out of the ordinary, your attorney can guide you on the best course of action and perhaps negotiate a course of action with the opposing party.

What is not so obvious is what you can do before the divorce papers are served. Although it might seem like everything is fair game before someone is served with paperwork, that is not the case. In reality, if someone takes an action that only benefits them because they know or suspect that a divorce is coming the judge can account for that when dividing up the property. It is never advisable to dissipate marital assets in anticipation of a divorce.

Contact Divorce Matters® in Fort Collins Today

The team at Divorce Matters® in Fort Collins has helped thousands of clients and counting navigate the Colorado divorce process – like avoiding the prohibited act of removing marital property before divorce – and get a fresh start in life. We are compassionate and experienced advocates who focus exclusively on family legal matters, including but not limited to equitable divorce property division, spousal maintenance (alimony), child custody and support, prenuptial agreements, collaborative divorce, appeals, and more. To schedule a consultation, either call Divorce Matters® at 720-542-6142 or complete this convenient online form.

Gifts & Inheritance

In a dissolution of marriage, there are two different categories of property: marital and nonmarital (also referred to as separate property). In general, property that one spouse acquires by gift (or bequest, devise, or descent), is considered nonmarital property, regardless of whether it was acquired prior to or during the marriage. This means that gifts, ordinarily, are not taken into consideration for purposes of an equitable division of property, as the court can only divide marital property. Colorado law views inheritances as gifts.

However, gifts can lose their nonmarital status and become marital property. This may occur through commingling, change of title, or subsequent gifting. Commingling occurs when separate property becomes mixed with marital property, such that the separate property is so intertwined with the marital property that one can no longer discern its separate character. For example, if you receive a $25,000 cash gift from your parents (either before or during the marriage), but you then deposit or transfer that $25,000 into your joint bank account titled in both you and your spouse’s name that currently has $5,000. Then, through the years of marriage, both you and your spouse continuously deposit and withdraw money from the joint account. Eventually, unless you have kept an extremely detailed accounting, it will be impossible to tell what money was from your nonmarital gift. When commingling occurs, the other spouse has the ability to assert that all of the funds within this joint account, even though initially comprised mostly of nonmarital funds, are marital and subject to equitable distribution at divorce.

Conversely, when it comes to gifts from one spouse to the other, there exists a presumption that such gifts are marital property. The presumption does not apply, however, to “gifts of nonbusiness tangible personal property.” § 14-10-113(7)(a), C.R.S. Types of these gifts include furs, rings (including the engagement ring), artwork, and other tangible personal property gifts. For gifts under this category, the property is considered the nonmarital property of the recipient spouse (the spouse that received the gift from the other spouse). Additionally, when the presumption applies, i.e., when the property at issue is not a gift of “nonbusiness tangible personal property,” the presumption can only be overcome by “clear and convincing evidence;” otherwise, it is marital property.

What about joint gifts? If your spouse and you received joint gifts during the marriage, such as wedding presents, there is no assumption that gifts from the wife’s family and friends belong to the wife or that gifts from the husband’s family and friends belong to the husband. This very well may be the most equitable way to divide these types of gifts; however, there is no hard and fast rule.

Child Support and Gifts

While Colorado law regarding gifts and inheritances for division of property can be relatively straightforward, it can be much more complex for determining a spouse’s income for purposes of child support. In fact, the court is not required to consider gifts for purposes of determining a spouse’s income for child support purposes, unless the gift is regularly received from a dependable source. In re Marriage of Nimmo, 891 P.2d 1002 (Colo. 1995). Future gifts, in order to be considered as income, cannot be speculative whatsoever.

If, however, you or your spouse is to receive a one-time gift in the future, such as an inheritance or winning the lottery, the court may include the gift in the calculation of income for the year in which the gift will be received. In re A.M.D. (Casteel v. Davidson), 78 P.3d 741 (Colo. 2003). The court also has a few options in deciding how to apply this type of gift, particularly regarding interest accrued from the gift, in years subsequent to the one-time payment. See In re Marriage of Bohn, 8 P.3d 539 (Colo. App. 2000) (holding that the imputation of investment income is not automatic and only applies if a spouse invests a portion of the funds, in which case income from interest could be used as the spouse’s income); In re Marriage of Laughlin, 932 P.2d 858 (Colo. App. 1997) (holding that gross income for child support purposes can include the amount of income an asset could “reasonably” be expected to generate, even if that asset had been consumed prior to the determination of child support); In re Marriage of Bregar, 952 P.2d 783 (Colo. App. 1997) (holding that if income is imputed as a result of a large, one-time payment, the net amount received, after payment of taxes, should be used).

While perhaps not the most common example (even though we all may wish it were), lottery winnings are helpful in explaining the complexity further. “Monetary gifts,” in general, are included within the definition of “gross income” for purposes of child support. There is a narrow exclusion for lottery winnings, but the vast majority of the lottery winnings will be considered in calculating a spouse’s income. Where lottery winnings are paid out in equal periodic installments (such as monthly), the appropriate manner for including them as income will typically be the same, i.e., monthly. In re Marriage of McCord, 910 P.2d 85 (Colo. App. 1995). But, when lottery winnings are to be paid in a lump sum, a Colorado court has indicated that child support may be calculated by including the entire winnings in the spouse’s income for the year in which the lump sum was received, without deduction for tax withholding. In re Marriage of Bohn, 8 P.3d 539 (Colo. App. 2000). A court then has the aforementioned variety of options in how to assess the spouse’s future income.

Dealing with inheritances can be a bit trickier. The definition of income in section 14-10-115(5)(a)(1), C.R.S., does not include “inheritance,” but the statute specifically includes “monetary gifts” as income, and the Colorado Supreme Court has concluded that monetary inheritances fall within this definition. In re A.M.D. (Casteel v. Davidson), 78 P.3d 741 (Colo. 2003). “Monetary” inheritances include cash or “[a]ssets that can be easily converted to cash,” such as money markets, mutual funds, stocks, and bonds. If an inheritance is “monetary,” then, before the court can include the inheritance as income, it must examine the recipient spouse’s use of the money. If the recipient spouse uses the principal as a source of income to meet existing living expenses or to increase their standard of living, the expended principal should be included as gross income. On the other hand, if the spouse saves or invests the monetary inheritance, such reserved principal is not included in gross income, but the interest generated by the principal is considered income.

While gifts can be relatively straightforward for purposes of division of property, it is not overly difficult to convert something from what was once nonmarital property to marital property. More importantly, gifts can be quite complicated when it comes to determining a spouse’s income.

FAQ

Will all possessions be divided equally during a divorce?

Colorado Is an “equitable distribution” state. The court defines “equitable” as “that which is fair, but not necessarily equal.” Thus, marital assets in Colorado are not necessarily divided evenly in a 50/50 ratio. Additionally, only marital assets will be divided, separate assets will be kept separate.

Am I responsible for my spouse’s debt?

You and your spouse are both responsible for any debt incurred during the course of your marriage, regardless of whose name the debt is in. However, it is possible to negotiate how debt is handled during the divorce process. Contact our law firm for more information.

Divorce can affect the amount of Social Security benefits you receive during retirement. Generally, if the marriage lasted for more than 10 years, spouses may be entitled to receive their ex-spouse’s Social Security benefits. This is a complex area of the law, so contact our law firm to set up a review of your unique situation.

What is a QDRO in divorce?

A Qualified Domestic Relations Order (QDRO) is a detailed order used for dividing up a retirement plan during a divorce. Retirement plans that were either obtained during the marriage, or have increased in value during the marriage, are generally considered marital property and can be subject to a QDRO. QDRO’s are specifically needed when splitting up a 401K plan or most pensions (defined benefit plan). However, they are not generally needed for dividing up IRA’s or Roth IRA’s.

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Bringing a Human Approach to Legal Services

Get In Touch

Douglas A. Thomas

Founding Partner

As founder of Divorce Matters®, my team of attorneys works with families in Colorado to help them achieve optimal outcomes in the highly emotional, individual, and sensitive area of family law, particularly divorce, child custody, and child support.

Professional and Community Associations

• Colorado Bar Association
• Arapahoe County Bar Association
• Colorado Defense Lawyers Association
• Defense Research Institute ”“ Member

Public & Speaking Engagements

Mr. Thomas has been a frequent speaker at the Colorado Defense Lawyers Association and numerous Continuing Legal Education seminars.

Bar Admissions

• Colorado
• U.S. District Court, Colorado

Education

• J.D., University of Denver, 1993
• B.A., New Mexico Highlands University, magna cum laude, 1989

Get In Touch

Justin J. Oliver

Lead Attorney

As an attorney, I care about my clients and alleviating the problems they bring to me and ensure they receive nothing less than top-notch from when we first meet to the conclusion of their legal matter. From representing clients in divorces, custody disputes, protection order hearings, child and spousal support conflicts, parentage issues, and many other issues surrounding and concerning families here in Colorado, myself and the Divorce Matters® team are here for you.

I care about my clients and alleviating the problems they bring to me and ensure they receive nothing less than top-notch from when we first meet to the conclusion of their legal matter.

Professional and Community Associations

• Member, Colorado Bar Association
• Member, Larimer County Bar Association

Bar Admissions

• Colorado

Education

•J.D., Drake University Law School, 2014
• B.A., Sociology, Western State Colorado University, 2011

Colorado Domestic Violence Laws

Contact the Domestic Violence Colorado Lawyers at Divorce Matters®

Divorce Matters® has the experience and resources needed to handle any and all of your family and divorce law issues – learn more by booking a consultation today.

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Overview

Understanding Domestic Violence Colorado Laws

Domestic violence happens to people in all classes, statuses, and ranks in life, regardless of age, gender, race, religion, education, profession, or socioeconomic status.

The sad reality is that one in four women in the U.S. will experience domestic violence in their lifetime, resulting in an estimated 1.3 million women becoming victims of physical assault by an intimate partner each year. Unfortunately, situations like these occur in our state as well, and so it is important that if you find yourself in this situation, you contact a domestic violence Colorado attorney who can help you with your case.

Most domestic violence incidences occur between people that have an ongoing familial or intimate relationship. Most cases of domestic violence have never been reported to police and occur behind closed doors, out of the public eye. Probably the most important statistical predictive indicator of domestic violence is exposure to domestic violence as a child. An estimated 3.3 million children witness violence against their mother or female caretaker by a family member each year. Boys who witness domestic violence are twice as likely to abuse their own partners and children when they become adults.

Temporary Restraining Orders

Protective orders, commonly referred to as restraining orders, impose legal consequences upon alleged abusers if they contact their victim. Civil protection orders in Colorado seek to protect the person pursuing the order from threats or abuse, including domestic violence. A restraining order prohibits an alleged abuser from contacting, harassing, stalking, threatening, or intimidating a victim. There are several types of protective and restraining orders in the state of Colorado aimed at protecting victims of domestic abuse and violence.

When it comes to domestic violence, Colorado law states that a temporary restraining order does not require definitive evidence of domestic violence. Temporary restraining orders are designed to protect victims of domestic violence until they can get a hearing in front of a judge to make their case as to why the temporary order should become a permanent order. The process of obtaining a temporary restraining order involves filling out and filing a Verified Complaint listing relevant information such as:

Reason(s) for seeking the restraining order;
Where the protected persons reside and work;
An affidavit regarding children, if the parties have minor children;
The most recent incident that occurred resulting in the request for a restraining order;
The most serious incident that cause the request for the protective order;
Any past incidents of violence and/or threats; and
Whether there are any other protective orders in place regarding the same parties.

Once a party files a Verified Complaint, the party seeking protection must then appear, usually the same day, in court. The party seeking protection must present the facts and allegations of their case to a judge who will decide whether to grant a temporary protection order, which will restrain the alleged offender from contacting the party seeking protection. This hearing is generally held ex parte, meaning the party against whom the protection order is being sought is not present. A magistrate or judge will likely ask a few, limited questions about whether the protected party is in immediate fear for their safety. When a magistrate or judge finds an immediate danger exists and a temporary restraining order is needed to: prevent assaults, threatened bodily harm, domestic abuse, emotional abuse of the elderly or an at-risk adult, sexual assault or abuse, and/or stalking, then a temporary restraining order will be entered.

Once a court enters a temporary restraining order, it will then immediately set another hearing date for the parties to appear in court to present their evidence. At this second hearing, the court will decide if there is sufficient evidence to make the temporary order permanent. A temporary restraining order is not enforceable until the protected party has the accused abuser (restrained party) personally served with the order.

Permanent Restraining Order

Whenever a judge or magistrate issues a temporary restraining order, under Colorado law to protect from further domestic violence, Colorado judges will also schedule a permanent restraining order hearing. These hearings typically occur within 14 days of a temporary restraining order being issued and are meant to provide the accused perpetrator of domestic violence an opportunity to argue against having the restraining order made permanent.

At the permanent restraining order hearing the party seeking to have a restraining order imposed has the burden of proof which means they must show by a preponderance of the evidence (more likely than not) that they are in imminent danger of further abuse or threats by the accused if the protection order is not made permanent. Therefore, it is important that the protected person is prepared for this hearing with exhibits and any possible witnesses.

If a judge or magistrate determines sufficient evidence exists, a permanent restraining order will be issued restraining the offending party from engaging in the offensive conduct. If sufficient evidence does not exist, the temporary restraining order will be allowed to expire or dismissed, and no permanent restraining order will be issued.

Where a restraining order is made permanent, the restrained party may not seek a modification of the protection order for two years. However, the individual who requested the protection order (the protected party) may seek a modification or dismissal at any time.

Due to the inherent safety concerns for the person seeking the protection order, and the long-term legal implications tied to having a permanent restraining order entered against the accused, it is advisable for both the accused and the accuser to obtain qualified attorney representation and advice regarding Colorado domestic violence laws.

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More Information

Consequences of a Permanent Restraining Order

Firearms: If a person has a permanent restraining order against them that is related to domestic violence, that person will not be able to own, possess, or control a firearm, gun or rifle;

Employment: Employers often run background checks on new hires and employees. Permanent restraining orders will show up on a standard background check and may impact a person’s employability;

Child Custody: Permanent restraining orders may create issues with child custody in a pending divorce or current child visitation or parenting plan;

Housing: A restrained party is not allowed to reside in the same home as the protected party and will need to find other accommodations. Furthermore, landlords may elect to not allow a person to rent a property if they do not pass a background check.

Taking Revenge on Exes By Using Indecent Photographs

Did your ex-lover, friend, or spouse post explicit photos of you on the Internet? If you have been victimized by a former lover or friend who has used your “private” photos and videos against you for profit or revenge, you may have options. Domestic violence laws have been updated to accommodate this type of abuse, so you can have the ability to pursue a civil case, as well as a criminal case, against the perpetrator. In 2014, Colorado passed two statutes making that type of “revenge” a crime: C.R.S. § 18-7-107, which governs the posting of private images for harassment, and C.R.S. § 18-7-108, which prohibits and criminalizes posting private images on the Internet for financial gain. At least one person has already been prosecuted under this law.

Your body, your person, and your dignity deserve respect under law, and thankfully Colorado domestic violence laws have been enacted to prevent this type of abuse and mental harm from continuing to happen to people, just like yourself, who believed they were engaging in an activity with someone trustworthy. Our right to privacy is important and each of us has reasonable expectations regarding that privacy when we are engaged in a consensual relationship with someone. The breaking of that trust can be heartbreaking and cause damage to not only one’s psyche, but in many other ways.

A domestic violence Colorado attorney specializing in privacy or criminal law can be of help to you at this time by helping you to make a sound legal argument that associates all of the required elements needed to establish that a criminal or civil harm was done to you. In order to create your complaint, your attorney must seek to establish that the images posted fall under the categories listed in the statutes, that you are identifiable, the intent, and your lack of consent. As these necessary elements are pulled together, a case emerges.

There is a reasonable expectation of privacy under law that Colorado’s legal system now supports and defends. If your privacy and consent has been ignored and abused you have been victimized, but you do not have to remain a victim. You can fight back.

Divorce can be an extremely emotional, turbulent time for many people. Reactions to the stress of divorce may differ, but most people experience the feelings of anger (even rage), frustration, anxiety, depression, and loss. If your spouse is quick to ignite, be particularly cautious during this period of time and pay close attention to the warning signs that can lead to domestic violence.

Domestic violence is usually a male vs. female encounter, but certainly women can also be the perpetrators. The key to stopping it is recognizing the escalation and acting before you become a victim. This can be easier said than done, but heightened vigilance and common-sense measures, such as avoiding possibly inflammatory situations, can make a big difference. If you are threatened or attacked, immediately contact the local authorities and consider securing your safety in a safe house designed to help victims of such violence.

Order of Protection

If your spouse becomes violent, or threatens violence, toward you or your children, you can obtain a restraining order to keep him or her away. Such an order called an Order of Protection, prevents your spouse from contacting you, as well as any other person protected by the order. This type of restraining order is appropriate whenever an act or threat of violence occurs against you or a family member. In this instance, the term “family member” is broadly interpreted to include not only yourself, but also a relative, a previous spouse, someone with whom you presently live or have lived in the past, or even someone with whom you are currently (or were in the past) romantically involved.

The victim, as well as anyone else protected under the order, is instructed to keep the restraining order with him or her at all times. If the defendant violates the order, he or she has committed a criminal act and will be arrested. It is important, however, to realize that even with the restraining order in effect, the victim should take every possible safety precaution.

What does a domestic violence Colorado restraining order actually do? It requires that the defendant stay away from, and have no contact whatsoever with, the victim or anyone else listed on the order. It’s important for a defendant to be aware, however, that he or she could be arrested for violating the restraining order even if the victim initiated the contact between them.

Steps to Take During A Divorce

It’s a good idea to keep a diary of the exact dates and a description of any incidents of domestic violence that occur during this period of time. Also keep track of any stalking (including cyber stalking) and other forms of harassment, plus threats of violence. Be sure to write down any examples of the defendant’s alcohol or drug abuse and his or her violent behavior or threats of violence against anyone else. In addition, be careful to save your email correspondence (or any other written exchanges) with the defendant.

Child Custody Issues

If there is evidence of domestic violence, Colorado courts are – for obvious reasons – reluctant to award custody or joint custody to a defendant. If the court finds that a person is a perpetrator of an act of domestic violence, that person must be able to establish, and the judge must be satisfied, that the proposed defendant’s parenting time will not endanger the child in any way. When and if the parent can meet this burden of proof, the court will allow the defendant to have contact with the child and possibly joint custody, depending upon the circumstances. Of course, appropriate conditions designed to protect both the child and the other parent from harm will be placed on the parenting time that is granted.

If you have a custody matter that involves domestic violence, Colorado attorneys at Divorce Matters® are here to help. Getting an attorney on board sooner, rather than later, can make a big difference.

Divorce Matters® represents clients throughout Metro Denver and the Front Range including: Arapahoe County, Aurora, Boulder, Bow Mar, Castle Pines, Castle Rock, Centennial, Douglas County, Englewood, Cherry Hills Village, Denver, Greenwood Village, Jefferson County, Highlands Ranch, Littleton, Lone Tree, Louisville, and Parker.

You can call Divorce Matters® today at (720) 542-6142 to schedule an appointment with one of our attorneys.

FAQ

How can I get a restraining order?

A restraining order can be obtained by filling out an official complaint form, including any other required forms, and filing it with the clerk of the court. At Divorce Matters®, we can handle this process for you. A judge will review the request the same day it is filed and make a decision. If the judge approves it, he will issue a temporary restraining order

Can my restraining order also be applied to my kids?

Courts may act to protect children from being exposed to domestic violence between spouses through a “care and control” provision, where temporary custody can potentially be awarded to the parent seeking the temporary protection order. These provisions only run for 120 days. If you want to get a permanent protection order for your children, the only way to do so is if the children have been the direct victims of abuse or violence.

What are the grounds for getting a restraining order?

According to Colorado law, a restraining order can be issued to prevent assaults, threatened bodily harm, domestic abuse, emotional abuse, and stalking. You must prove “imminent danger” for temporary restraining orders to be issued. There are specific legal definitions for each of these terms, so it is best to consult with a family law attorney to determine if you have grounds for getting a restraining order from your spouse.

Bringing a Human Approach to Legal Services

Get In Touch

Douglas A. Thomas

Founding Partner

As founder of Divorce Matters®, my team of attorneys works with families in Colorado to help them achieve optimal outcomes in the highly emotional, individual, and sensitive area of family law, particularly divorce, child custody, and child support.

Professional and Community Associations

• Colorado Bar Association
• Arapahoe County Bar Association
• Colorado Defense Lawyers Association
• Defense Research Institute ”“ Member

Public & Speaking Engagements

Mr. Thomas has been a frequent speaker at the Colorado Defense Lawyers Association and numerous Continuing Legal Education seminars.

Bar Admissions

• Colorado
• U.S. District Court, Colorado

Education

• J.D., University of Denver, 1993
• B.A., New Mexico Highlands University, magna cum laude, 1989

Get In Touch

Justin J. Oliver

Lead Attorney

As an attorney, I care about my clients and alleviating the problems they bring to me and ensure they receive nothing less than top-notch from when we first meet to the conclusion of their legal matter. From representing clients in divorces, custody disputes, protection order hearings, child and spousal support conflicts, parentage issues, and many other issues surrounding and concerning families here in Colorado, myself and the Divorce Matters® team are here for you.

I care about my clients and alleviating the problems they bring to me and ensure they receive nothing less than top-notch from when we first meet to the conclusion of their legal matter.

Professional and Community Associations

• Member, Colorado Bar Association
• Member, Larimer County Bar Association

Bar Admissions

• Colorado

Education

•J.D., Drake University Law School, 2014
• B.A., Sociology, Western State Colorado University, 2011

Removing Marital Property Before Divorce

Is Colorado a Marital Property State? Learn More from Divorce Matters® in Denver.

Divorce Matters® has the experience and resources needed to handle any and all of your family and divorce law issues – learn more by booking a consultation today.

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Division of Marital Property in Denver: Is Colorado a Marital Property State?

An important part of the divorce process in Denver is figuring out how to divide the marital property. Firstly, you must know the answer to the question, “Is Colorado a marital property state?” The answer is yes. Then, you must understand that the marital property procedure generally involves two steps. First, it must be determined what the marital property is. Second, the marital property must be divided equitably. But there are special considerations when it comes to removing marital property before divorce. Let’s look at each of those steps more closely:

What is Marital Property?

State law, specifically Colo. Rev. Stat. § 14-10-113(2), defines “marital property” as “all property acquired by either spouse subsequent to the marriage.” So, is Colorado a marital property state? Yes, Denver follows the principle of equitable distribution, meaning that marital property is divided fairly, though not always equally, in a divorce. Anything that isn’t marital property is considered “separate property” and will not be divided in a divorce case.

Separate property is generally defined as being anything acquired by either spouse prior to getting married. It also includes certain types of property acquired during the marriage that is statutorily excluded from the marital property definition, such as property:

Acquired by gift, bequest, devise, or descent
Acquired in exchange for property acquired before the marriage or in exchange for property acquired by gift, bequest, devise, or descent
Acquired by a spouse after a decree of legal separation
Excluded by valid agreement of the parties (e.g., by a prenuptial agreement)

The division of assets in a divorce case is almost always harder and more emotionally taxing than it initially might seem. This is especially true for high-net-worth couples and couples who either jointly own a business or have complex business interests that are difficult to quantify monetarily. Unfortunately, it is also not uncommon for a spouse in a contentious divorce to either hide or undervalue assets, which can necessitate drawn-out litigation. If you’re wondering, “Is Colorado a marital property state?”, it’s important to understand how the law applies to your unique circumstances and seek legal guidance to ensure your rights are protected.

Equitable Division

Once the marital property has been identified and valued, it is then subject to equitable division by the courts – that is, if the couple hasn’t already divided it between themselves through mutual agreement via mediation. The word “equitably” in the context of divorce property division means that marital property must be divided fairly, but not necessarily 50-50.

Removing marital property before divorce is prohibited. By statute, a judge that is presiding over the dissolution of a marriage case in Denver is required to consider a variety of factors in making sure that the marital property is divided in this way. Those factors – also from Colo. Rev. Stat. § 14-10-113 – are the contribution of each spouse during the marriage; the value of the property set apart to each spouse; the economic circumstances of each spouse at the time the marriage terminates; and any increases or decreases in the value of the separate property of either spouse during the marriage.

Marital Debt

Is Colorado a marital property state when it comes to debt? Yes – it definitely warrants mentioning here that any debt acquired during a marriage in Denver becomes part of the equitable division equation during a divorce. In other words, a divorce court is empowered to allocate debt in a way that’s fair under the circumstances. A common misconception is that debt acquired in only one spouse’s name during the marriage is automatically classified as separate property and thus not subject to division. That isn’t necessarily true, and in fact, most debts acquired by either spouse during a marriage will be deemed marital property and divided accordingly.

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Not All Marital Property Is Created Equal

Complicating the process is the fact that all assets are not worth what they appear to be worth.

What if the marital property of a couple equals $800,000 and consists of:

Family home with $200,000 in equity,
Ski-condo with $200,000 in equity,
401K with a current market value of $200,000, and
Savings account with $200,000.

Which would you take and why? The answer to that question depends on a number of factors.

Do you have a steady income to pay your bills?
Do you need the money to live on immediately?
Can you afford to maintain the family home? If so, what if there are unexpected costs associated with maintaining the family home?
If you sell the family home, will there be any capital gain taxes to pay? If so, what will they be?
Can you sell the family home?
If you sell the home, can you qualify for a mortgage on your own?
What if you try to sell the home and find out it needs a new roof and $30,000 in repairs?
If you sell the ski condo, will there be any capital gains to pay, and if so, how much? If you do not sell the ski condo, will you be able to rent it out and cover the costs to maintain it?
If you take the 401K and need the money to live on, will there be an early withdrawal penalty? Will you have to pay income tax on the amount withdrawn? If so, how much is the penalty, and what is the tax bill? Many people fail to realize until it is too late, that if they cash out their 401K, it might only be worth ½ of its market value after penalties and taxes are paid.

Personal Business Interests

If either you or your spouse owns a business, it can get even more complicated. When a business is involved, the parties usually need to hire an expert to determine the value of the business. Then, once the value of the business is determined, it can get even more difficult to determine how to divide the business.

Determine What Each Asset Is Worth Based on Your Circumstances

Is Denver a marital property state when it comes to joint gifts? If you and your spouse received joint gifts during the marriage, such as wedding presents, there is no assumption that gifts from the wife’s family and friends belong to the wife or that gifts from the husband’s family and friends belong to the husband. This very well may be the most equitable way to divide these types of gifts; however, there is no hard and fast rule.

Separate Property

Determining what is separate property can be somewhat complicated, but most commonly it is any property owned before the marriage. It can also include certain types of property acquired during the marriage such as gifts and inheritance. For instance, a house you owned before the marriage is your separate property, but so is the money you inherited after you were married. This is because both inheritance and gifts to you are separate property. However, separate property can be converted to marital property, and in addition to that, it is your responsibility to prove that money or assets that you own are separate property. You will need to provide documentation of how you acquired the asset or money, and if you cannot the Court will consider it marital. Furthermore, if you combine the separate property with marital property, it can be construed as a gift to the marriage – therefore making the argument of removing marital property before divorce statute applicable. This is a common debate amongst parties when someone asserts that an asset is a separate property.

What Are Your Options with Property Before and After A Petition For Dissolution Is Filed?

Once someone files for divorce and serves the other party, a temporary injunction is put in place, and both parties have an obligation to preserve the marital estate, among other obligations. This means removing marital property before divorce is prohibited and you cannot start recklessly spending money in a manner different from the way you did before filing. You also cannot dispose of marital assets without the approval of the judge. Essentially, you should continue living as you did before, and any large or unusual purchases should be put on hold until you’re officially divorced. If there is an immediate need for something out of the ordinary, your attorney can guide you on the best course of action and perhaps negotiate a course of action with the opposing party.

What is not so obvious is what you can do before the divorce papers are served. Although it might seem like everything is fair game before someone is served with paperwork, that is not the case. In reality, if someone takes an action that only benefits them because they know or suspect that a divorce is coming the judge can account for that when dividing up the property. It is never advisable to dissipate marital assets in anticipation of a divorce.

Contact Divorce Matters® in Denver Today

The team at Divorce Matters® has helped thousands of clients and counting navigate the Denver divorce process – like avoiding the prohibited act of removing marital property before divorce – and get a fresh start in life. We are compassionate and experienced advocates who focus exclusively on family legal matters, including but not limited to equitable divorce property division, spousal maintenance (alimony), child custody and support, prenuptial agreements, collaborative divorce, appeals, and more. To schedule a consultation, either call Divorce Matters® at 720-542-6142 or complete this convenient online form.

Gifts & Inheritance

In a dissolution of marriage, there are two different categories of property: marital and nonmarital (also referred to as separate property). In general, property that one spouse acquires by gift (or bequest, devise, or descent), is considered nonmarital property, regardless of whether it was acquired prior to or during the marriage. This means that gifts, ordinarily, are not taken into consideration for purposes of an equitable division of property, as the court can only divide marital property. Denver law views inheritances as gifts.

However, gifts can lose their nonmarital status and become marital property. This may occur through commingling, change of title, or subsequent gifting. Commingling occurs when separate property becomes mixed with marital property, such that the separate property is so intertwined with the marital property that one can no longer discern its separate character. For example, if you receive a $25,000 cash gift from your parents (either before or during the marriage), but you then deposit or transfer that $25,000 into your joint bank account titled in both you and your spouse’s name that currently has $5,000. Then, through the years of marriage, both you and your spouse continuously deposit and withdraw money from the joint account. Eventually, unless you have kept an extremely detailed accounting, it will be impossible to tell what money was from your nonmarital gift. When commingling occurs, the other spouse has the ability to assert that all of the funds within this joint account, even though initially comprised mostly of nonmarital funds, are marital and subject to equitable distribution at divorce.

Conversely, when it comes to gifts from one spouse to the other, there exists a presumption that such gifts are marital property. The presumption does not apply, however, to “gifts of nonbusiness tangible personal property.” § 14-10-113(7)(a), C.R.S. Types of these gifts include furs, rings (including the engagement ring), artwork, and other tangible personal property gifts. For gifts under this category, the property is considered the nonmarital property of the recipient spouse (the spouse that received the gift from the other spouse). Additionally, when the presumption applies, i.e., when the property at issue is not a gift of “nonbusiness tangible personal property,” the presumption can only be overcome by “clear and convincing evidence;” otherwise, it is marital property.

What about joint gifts? If your spouse and you received joint gifts during the marriage, such as wedding presents, there is no assumption that gifts from the wife’s family and friends belong to the wife or that gifts from the husband’s family and friends belong to the husband. This very well may be the most equitable way to divide these types of gifts; however, there is no hard and fast rule.

Child Support and Gifts

While Denver law regarding gifts and inheritances for division of property can be relatively straightforward, it can be much more complex for determining a spouse’s income for purposes of child support. In fact, the court is not required to consider gifts for purposes of determining a spouse’s income for child support purposes, unless the gift is regularly received from a dependable source. In re Marriage of Nimmo, 891 P.2d 1002 (Colo. 1995). Future gifts, in order to be considered as income, cannot be speculative whatsoever.

If, however, you or your spouse is to receive a one-time gift in the future, such as an inheritance or winning the lottery, the court may include the gift in the calculation of income for the year in which the gift will be received. In re A.M.D. (Casteel v. Davidson), 78 P.3d 741 (Colo. 2003). The court also has a few options in deciding how to apply this type of gift, particularly regarding interest accrued from the gift, in years subsequent to the one-time payment. See In re Marriage of Bohn, 8 P.3d 539 (Colo. App. 2000) (holding that the imputation of investment income is not automatic and only applies if a spouse invests a portion of the funds, in which case income from interest could be used as the spouse’s income); In re Marriage of Laughlin, 932 P.2d 858 (Colo. App. 1997) (holding that gross income for child support purposes can include the amount of income an asset could “reasonably” be expected to generate, even if that asset had been consumed prior to the determination of child support); In re Marriage of Bregar, 952 P.2d 783 (Colo. App. 1997) (holding that if income is imputed as a result of a large, one-time payment, the net amount received, after payment of taxes, should be used).

While perhaps not the most common example (even though we all may wish it were), lottery winnings are helpful in explaining the complexity further. “Monetary gifts,” in general, are included within the definition of “gross income” for purposes of child support. There is a narrow exclusion for lottery winnings, but the vast majority of the lottery winnings will be considered in calculating a spouse’s income. Where lottery winnings are paid out in equal periodic installments (such as monthly), the appropriate manner for including them as income will typically be the same, i.e., monthly. In re Marriage of McCord, 910 P.2d 85 (Colo. App. 1995). But, when lottery winnings are to be paid in a lump sum, a Denver court has indicated that child support may be calculated by including the entire winnings in the spouse’s income for the year in which the lump sum was received, without deduction for tax withholding. In re Marriage of Bohn, 8 P.3d 539 (Colo. App. 2000). A court then has the aforementioned variety of options in how to assess the spouse’s future income.

Dealing with inheritances can be a bit trickier. The definition of income in section 14-10-115(5)(a)(1), C.R.S., does not include “inheritance,” but the statute specifically includes “monetary gifts” as income, and the Denver Supreme Court has concluded that monetary inheritances fall within this definition. In re A.M.D. (Casteel v. Davidson), 78 P.3d 741 (Colo. 2003). “Monetary” inheritances include cash or “[a]ssets that can be easily converted to cash,” such as money markets, mutual funds, stocks, and bonds. If an inheritance is “monetary,” then, before the court can include the inheritance as income, it must examine the recipient spouse’s use of the money. If the recipient spouse uses the principal as a source of income to meet existing living expenses or to increase their standard of living, the expended principal should be included as gross income. On the other hand, if the spouse saves or invests the monetary inheritance, such reserved principal is not included in gross income, but the interest generated by the principal is considered income.

While gifts can be relatively straightforward for purposes of division of property, it is not overly difficult to convert something from what was once nonmarital property to marital property. More importantly, gifts can be quite complicated when it comes to determining a spouse’s income.

FAQ

Will all possessions be divided equally during a divorce?

Colorado Is an “equitable distribution” state. The court defines “equitable” as “that which is fair, but not necessarily equal.” Thus, marital assets in Colorado are not necessarily divided evenly in a 50/50 ratio. Additionally, only marital assets will be divided, separate assets will be kept separate.

Am I responsible for my spouse’s debt?

You and your spouse are both responsible for any debt incurred during the course of your marriage, regardless of whose name the debt is in. However, it is possible to negotiate how debt is handled during the divorce process. Contact our law firm for more information.

Divorce can affect the amount of Social Security benefits you receive during retirement. Generally, if the marriage lasted for more than 10 years, spouses may be entitled to receive their ex-spouse’s Social Security benefits. This is a complex area of the law, so contact our law firm to set up a review of your unique situation.

What is a QDRO in divorce?

A Qualified Domestic Relations Order (QDRO) is a detailed order used for dividing up a retirement plan during a divorce. Retirement plans that were either obtained during the marriage, or have increased in value during the marriage, are generally considered marital property and can be subject to a QDRO. QDRO’s are specifically needed when splitting up a 401K plan or most pensions (defined benefit plan). However, they are not generally needed for dividing up IRA’s or Roth IRA’s.

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Douglas A. Thomas

Founding Partner

As founder of Divorce Matters®, my team of attorneys works with families in Colorado to help them achieve optimal outcomes in the highly emotional, individual, and sensitive area of family law, particularly divorce, child custody, and child support.

Professional and Community Associations

• Colorado Bar Association
• Arapahoe County Bar Association
• Colorado Defense Lawyers Association
• Defense Research Institute ”“ Member

Public & Speaking Engagements

Mr. Thomas has been a frequent speaker at the Colorado Defense Lawyers Association and numerous Continuing Legal Education seminars.

Bar Admissions

• Colorado
• U.S. District Court, Colorado

Education

• J.D., University of Denver, 1993
• B.A., New Mexico Highlands University, magna cum laude, 1989

Get In Touch

Justin J. Oliver

Lead Attorney

As an attorney, I care about my clients and alleviating the problems they bring to me and ensure they receive nothing less than top-notch from when we first meet to the conclusion of their legal matter. From representing clients in divorces, custody disputes, protection order hearings, child and spousal support conflicts, parentage issues, and many other issues surrounding and concerning families here in Colorado, myself and the Divorce Matters® team are here for you.

I care about my clients and alleviating the problems they bring to me and ensure they receive nothing less than top-notch from when we first meet to the conclusion of their legal matter.

Professional and Community Associations

• Member, Colorado Bar Association
• Member, Larimer County Bar Association

Bar Admissions

• Colorado

Education

•J.D., Drake University Law School, 2014
• B.A., Sociology, Western State Colorado University, 2011

How Do I Deal with a Vindictive Ex?

Going through a divorce is hard enough as it is, but when your spouse becomes vindictive, the process automatically becomes ten times harder. Vindictiveness can include all kinds of things, like removing your name from bank accounts, alienating the kids, making unfounded accusations, and even making unnecessary request of the court just to make your life a little harder. It can be hard to know the best way to deal with your vindictive ex, but in the end it’s pretty simple.

The Best Reaction is No Reaction

It can be hard not to react when it feels like your ex is trying to knock you down, but it truly is the best reaction in this scenario for a couple of reasons. You’ll save your own emotional energy if you aren’t arguing and fighting over everything your ex does and, if kids are involved, it will stop the kids from seeing the fighting.

Reduce Direct Interaction

Try to interact with your ex as little as possible. Once attorneys are involved, this should be pretty easy, as all communication can go through attorneys. If your ex continues to seek out direct interaction, you can always speak to your attorney about getting a protection order for your safety.

Record Interactions

With direct interaction limited, most communication will likely be digitally. Be sure to save those messages and emails, just in case they might prove useful in court.

Set Boundaries

This is the most important part! Your mental health can take a turn for the worse when dealing with a divorce, a vindictive ex, and every day life. Make sure to set boundaries on what you are and are not willing to do and deal with as you continue through the divorce process. Try not to compromise your own boundaries and don’t be afraid to speak to a therapist to help you out!

Dealing with a vindictive ex is incredibly time consuming and emotional! Don’t be afraid to reach out for help. Your attorney and the rest of your “divorce team” will be your saving grace!

Sexual Assault Awareness and Prevention Month

Every year, RAINN, the Rape, Abuse, and Incest National Network, celebrates Sexual Assault Awareness and Prevention month in April. Each year has its own theme and focus and this year, carrying over from last year, the focus is on sexual violence and harassment online. RAINN continues to advocate for those who are victims and wants to “[Build] Safe Online Spaces Together”. In creating these safe spaces, it is important to acknowledge what this kind of sexual violence involves. Online sexual abuse can be any type of harassment, exploitation or abuse that takes place through a screen. This can include:

Sending unwelcome messages about sex or hateful comments based on sex, gender identity, or sexual orientation
Sending unwanted requests for nude photos or videos
Performing sexual acts on webcam without the consent of everyone involved
Sharing private images or videos without the consent of everyone involved
Sharing porn in places where not everyone has consented to view it
Grooming children online to enable their sexual abuse on or offline

Online sexual violence does not necessarily have to occur entirely online. If part of the abuse takes place online, then it can fall into this category. As mentioned above, this also includes grooming children online to enable sexual violence against them in person. It is important to take this kind of sexual violence seriously. The viewpoint that this type of violence is not as harmful is incredibly dangerous. The same attitudes and beliefs that lead to sexual violence committed in person influence sexual violence online. It is incredibly important to take this kind of abuse seriously, especially when it comes to making victims feel heard. This abuse is just as serious and can even lead to physical violence. A safe online space is one that is inclusive, where everyone is treated with respect and dignity.

RAINN has initiatives throughout the year to help victims of rape, abuse, and incest, not just during Sexual Assault Awareness and Prevention Month. To learn more about RAINN, what they do throughout the year, and what they’re doing this month, visit their website www.rainn.org

What Types of Law Does Divorce Matters Practice?

Just from our name, it’s easy to tell that we excel in divorce law, but what other kinds of cases can Divorce Matters handle? We are a law firm specializing in family law. Family law covers a wide variety of different cases including:

Adoption

Estate Planning

Divisions of Marital Property

An important part of the divorce process in Colorado is figuring out how to divide marital property. The procedure generally involves two steps. First, it must be determined what marital property is. Second, the marital property must be divided equitably

Spousal Maintenance

In Colorado, neither spouse has an automatic right to maintenance. The court may award maintenance only if it finds that the spouse seeking maintenance lacks sufficient property to meet their reasonable needs and, in addition, is either unable to support themselves through appropriate employment or should not be required to seek employment because of child care responsibilities. Divorce Matters has lots of experience in Spousal Maintenance negotiations and our attorneys are the perfect choice to help you!

Child Custody

When children are involved, the divorce process doesn’t end once the final paperwork is filed. With children come often contentious and painful negotiations about and modification of parental rights, parenting time, and custody. Our team has deep experience dealing with child custody and parental rights issues and we believe it is our duty and an imperative to help couples address custody and rights issues in ways that reduce the impact of divorce and protect children in the process.

Child Support

In Colorado, child support is based on strict guidelines dictated by state laws and statutes. The issue of child support is separate and distinct from the issue of parenting time, and child support payments may not be conditioned upon parenting time. Due to these strict laws, it is important to have guidance from an expert attorney throughout the process.

Post Decree Modifications

Have your circumstances changed since your divorce? Have you lost your job? Has your ex-spouse received a salary increase? Did your ex-spouse fail to disclose financial matters during the dissolution of marriage? Once your divorce is finalized, fortunately, not everything in your original separation agreement or parenting plan is set in stone. Courts recognize that circumstances change, and, sometimes, spouses hide income or assets during the divorce process. Depending on the exact circumstances of your case, you may have a variety of options post-decree. In the following sections, we explore your options in modifying maintenance, child support, parenting time, custody, and decision-making, as well as how you can reopen your property division.

Mediation and Arbitration

Mediation and arbitration are perfect options for anyone going through a divorce. Both options allow the partners to take more control in the divorce, as well as keep the process out of court. Not only does Divorce Matters represent clients through mediation and arbitration, but we also have a mediator on staff!

Domestic Violence

Domestic violence happens to people in all classes, statuses, and ranks in life, regardless of age, gender, race, religion, education, profession, or socioeconomic status. The unfortunate reality is that one in four women in the U.S. will experience domestic violence in their lifetime, resulting in an estimated 1.3 million women becoming victims of physical assault by an intimate partner each year.

Contempt of Court

After having gone through a divorce or once you have some orders from the court, you may at some point find yourself on either end of a contempt of court action if one of the parties is not complying with the orders. If you find yourself on either end of a contempt action, Divorce Matters is here to help!

Unbundled Legal Services

Unbundled legal services are the perfect solution for anyone not ready to jump into full-scale representation. With unbundled services, you can hire an attorney at their hourly rate to help you with specific aspects of your legal troubles, like filing paperwork or gathering documents!

Common-Law Marriage

The state of Colorado allows couples to enter into common law marriage. However, the parameters of common law marriage can be hazy and difficult to understand, just like common law divorce

Appeals

If your case falls under family law, we can help with your appeal!

Prenuptial Agreements

While there are a million things to plan when a couple decides to marry, often the most difficult to discuss with your future partner is the possible need for a prenuptial agreement. While this subject is not the most romantic or exciting part of wedding planning, a couple contemplating marriage in Colorado may need to consider entering into a prenuptial agreement, or a contract before marriage.

Military Divorce

To thank our Military service members, we even offer 10% off of legal fees! This discount is offered to all active and retired service members, veterans, and military spouses.

Thomas Legal Firm

While Divorce Matters only deals in family law, we do have a sister law firm that offers other services. Thomas Law Firm deals with Criminal matters as well as Civil Law matters, including general litigation, civil rights, workers’ compensation, and business defense litigation.

Tips on How to Get Out of an Abusive Relationship

Domestic Violence is extremely complex and the first thing to know is that it is never your fault for being mistreated. You deserve respect, love, safety, and happiness, no matter what your abuser might say. That being said, it is also not your fault if you are not yet ready to leave your abusive partner. It is an incredibly difficult thing to do and takes a lot of planning. If you are ready to start planning to leave, hopefully, you will find some of these tips helpful in your planning. Just know that you are not alone and you are right in doing whatever you find necessary in your situation.

Protecting Yourself While Still in Your Home

While you are making your plans to leave, it is important to still be able to keep yourself and your children safe.

Know What Triggers Your Abuser: Pay attention to what sets your abuser off. This could give you time to get out of the house before your abuser gets angry.
Find Safe Spaces: Whether the safe spaces are in your own home or with a neighbor, friend, or family member, know where you can go to hide out for a little while.
Know Who You Can Go To: In relation to the above point, it is important to know who you can go to for help. This can be anyone that you trust and know is able to help you.

Make an Escape Plan

Make and Memorize a List of Contacts: If you may have to leave without many of your belongings, it is important to have phone numbers that you can call from a public phone or a borrowed phone. Include all of your trusted friends, neighbors, and family members that you know you can go to.
Gather Important Documents: Gather any documents you will need to start your life over again and keep them in a safe place. You should include your birth certificate, social security card, driver’s license or ID, and some money. If you have children and will bring them with you, you should gather these same documents for your children.
Pack a “Go Bag”: If it is possible to pack a bag and keep it hidden, do so. Pack some emergency cash and the documents mentioned above, as well as the important phone numbers you have gathered and a few changes of clothes. Do not feel bad if you cannot pack a bag like this. It is not possible for everyone, especially if they are leaving abruptly or in an emergency.

Once You Have Left

Find a Place You Can Stay: Whether that place is with someone you know, love, and trust or at a Domestic Violence or Homeless Shelter, find a place that you will be safe from your abuser. They will often try to find you after you have left.
Change Your Passwords: If your abuser has any access to your accounts, change your passwords. You don’t want them to have access to your social media, bank accounts, etc.
Get a New Phone (Or Change Your Number): This is mostly for your own sense of safety. This way your abuser will not be able to contact you. Keep your new phone number to yourself, except when absolutely necessary.

Call an Attorney

Why would you call an attorney? They can offer a variety of services to you to help you in the case of domestic violence. Here at Divorce Matters, we help domestic violence victims obtain civil protection orders (which people know more commonly as “Restraining Orders”), as well as get divorce proceedings started. Both of these services offer protection to a victim of domestic violence by making their abuse known to the legal system. You can learn more about how an attorney can help a victim of domestic violence by watching Ashlee Shaw Gonzales’ Ask an Attorney video. Please know that if you would like to reach out to Divorce Matters, we are more than happy to make our communications to you discreet. Just let us know about your situation and how you would like to communicate with us to keep you safe.

Domestic Violence Shelters in the Area

Not everyone has family or friends in the area who is able to help them escape a domestic violence situation. It is often an abuser’s goal to cut their victim off from their family and friends. If this is you, know that you still have options to help you get back on your feet. Domestic Violence Shelters are a great option and often offer services to help victims get jobs, new clothes, health services, babysitting, and legal help. Some in the Denver area are listed here:

SafeHouse Denver Domestic Violence Services

Rose Andom Center

Mary’s Center Women’s Shelter

Category: Domestic Violence

What Is Legal Separation?

Why Choose Legal Separation?

What Is Divorce?

Why Choose Divorce?

Key Differences Between Divorce and Legal Separation

How to Decide Between Divorce and Legal Separation

Legal Process for Divorce and Legal Separation in Colorado

Conclusion: Choosing the Right Path

How Child Support Is Calculated in Colorado

Duration of Child Support

Modifying Child Support Orders

Enforcement of Child Support

Conclusion: Getting the Help You Need

Is Colorado a Marital Property State? Learn More from Divorce Matters® Colorado Springs.

Divorce Matters® has the experience and resources needed to handle any and all of your family and divorce law issues – learn more by booking a consultation today.

Division of Marital Property in Colorado Springs: Is Colorado a Marital Property State?

What is Marital Property?

Equitable Division

Marital Debt

Searching for the Best Divorce Lawyer in Colorado Springs?

Not All Marital Property Is Created Equal

Personal Business Interests

Determine What Each Asset Is Worth Based on Your Circumstances

Separate Property

What Are Your Options with Property Before and After A Petition For Dissolution Is Filed?

Contact Divorce Matters® Today

Gifts & Inheritance

Child Support and Gifts

FAQ

Related Articles and Videos

Playlist

August 21st, 2020 – Ask An Attorney with Justin Oliver

Bringing a Human Approach to Legal Services

Get In Touch

Douglas A. Thomas

Founding Partner

As founder of Divorce Matters®, my team of attorneys works with families in Colorado to help them achieve optimal outcomes in the highly emotional, individual, and sensitive area of family law, particularly divorce, child custody, and child support.

Professional and Community Associations

• Colorado Bar Association • Arapahoe County Bar Association • Colorado Defense Lawyers Association • Defense Research Institute ”“ Member

Public & Speaking Engagements

Mr. Thomas has been a frequent speaker at the Colorado Defense Lawyers Association and numerous Continuing Legal Education seminars.

Bar Admissions

• Colorado • U.S. District Court, Colorado

Education

• J.D., University of Denver, 1993 • B.A., New Mexico Highlands University, magna cum laude, 1989

Get In Touch

Justin J. Oliver

Lead Attorney

I care about my clients and alleviating the problems they bring to me and ensure they receive nothing less than top-notch from when we first meet to the conclusion of their legal matter.

Professional and Community Associations

• Member, Colorado Bar Association • Member, Larimer County Bar Association

Bar Admissions

• Colorado

Education

•J.D., Drake University Law School, 2014 • B.A., Sociology, Western State Colorado University, 2011

Is Colorado a Marital Property State? Learn More from Divorce Matters® in Fort Collins.

Divorce Matters® has the experience and resources needed to handle any and all of your family and divorce law issues – learn more by booking a consultation today.

Division of Marital Property in Fort Collins: Is Colorado a Marital Property State?

What is Marital Property?

Equitable Division

Marital Debt

Searching for the Best Divorce Lawyer in Fort Collins?

Not All Marital Property Is Created Equal

Personal Business Interests

Determine What Each Asset Is Worth Based on Your Circumstances

Separate Property

What Are Your Options with Property Before and After A Petition For Dissolution Is Filed?

Contact Divorce Matters® in Fort Collins Today

Gifts & Inheritance

Child Support and Gifts

FAQ

Related Articles and Videos

Playlist

August 21st, 2020 – Ask An Attorney with Justin Oliver

Bringing a Human Approach to Legal Services

Get In Touch

Douglas A. Thomas

Founding Partner

As founder of Divorce Matters®, my team of attorneys works with families in Colorado to help them achieve optimal outcomes in the highly emotional, individual, and sensitive area of family law, particularly divorce, child custody, and child support.

• Colorado Bar Association
• Arapahoe County Bar Association
• Colorado Defense Lawyers Association
• Defense Research Institute ”“ Member

• Colorado
• U.S. District Court, Colorado

• J.D., University of Denver, 1993
• B.A., New Mexico Highlands University, magna cum laude, 1989

• Member, Colorado Bar Association
• Member, Larimer County Bar Association

•J.D., Drake University Law School, 2014
• B.A., Sociology, Western State Colorado University, 2011

• Colorado Bar Association
• Arapahoe County Bar Association
• Colorado Defense Lawyers Association
• Defense Research Institute ”“ Member

• Colorado
• U.S. District Court, Colorado

• J.D., University of Denver, 1993
• B.A., New Mexico Highlands University, magna cum laude, 1989

• Member, Colorado Bar Association
• Member, Larimer County Bar Association

•J.D., Drake University Law School, 2014
• B.A., Sociology, Western State Colorado University, 2011