Transcript:
Good morning, my name is Justin Oliver, and I’m an attorney here at Divorce Matters. I’m here today to answer some questions from the community about how COVID-19 is affecting divorces in Colorado.
One of the most common questions we’ve been receiving recently is about how the transition into the safer-at-home phase impacts people who are looking to get a divorce in Colorado. The outbreak of COVID-19 has brought about many questions and obstacles that impact all three primary areas of divorce: division of debts and assets, allocation of maintenance or spousal support, and issues involving children, including parenting time, decision-making, and child support.
First, let’s discuss the division of debts and assets. Colorado is an equitable distribution state, which means courts are required to divide up the debts and assets in a fair manner, not necessarily an equal one. Many people mistakenly believe Colorado is an equal distribution state (50/50), but that’s not always the case unless the court finds that an equal division is fair for the specific situation.
One of the biggest assets in a marriage is the marital home. A common question I’m often asked is whether a spouse loses their claim to the home if they move out during the divorce or before it’s finalized. The short answer is no. If a spouse leaves the marital home during the divorce or even before the divorce is finalized, they do not lose their claim to the home. If the home is sold as part of the divorce or if the other spouse keeps the home, the spouse who moves out is still entitled to their equitable share of the home’s equity. They can also maintain the right to claim the home as their asset if they wish to keep it.
Another question related to debt and asset division is whether debt that has been accumulating during the COVID-19 outbreak will be considered marital debt. The answer is yes. Any debt or asset acquired during the marriage (that’s not a gift or inheritance) is marital and subject to division. How the court divides that debt will depend on several factors, including the purpose of the debt, the financial circumstances of the parties, and the overall division of debts and assets.
Another very common question we’ve received during the COVID-19 crisis is what recourse a parent has if the other parent is withholding their child or children during Colorado’s stay-at-home order. The outbreak of COVID-19 itself is not a valid reason for one parent to withhold parenting time from the other. Courts expect parents to continue following existing court orders and to foster a loving relationship between the child and both parents, even during these challenging times.
There are some exceptions, however. If turning the children over to the other parent would put them in immediate physical or emotional danger, the court may offer immediate relief. But if you believe your ex is unreasonably withholding your parenting time, you have a few options. First, try negotiating with the other parent to reach an amicable settlement. It’s always best to put this in writing and file it with the court to make it official. If this doesn’t work, you can ask the court for temporary orders to provide structure and consistency in parenting time while the divorce is ongoing. If there are already court orders in place and your ex is violating them by withholding parenting time, you can bring the issue before the court and request makeup parenting time or even ask the court to impose sanctions on the parent unlawfully withholding time.
That wraps up today’s discussion. I hope you found these answers helpful. If you have any questions about your specific situation, please reach out to us by texting the number in this video or by visiting our website. You can speak with one of our attorneys. We’ll be back next Friday to answer more of your questions. We hope you have a great weekend and stay safe out there, Colorado. Take care!