Divorce can get heated and often one spouse will attempt to over reach. The problem is how do we know when someone is over reaching when it comes to property? Colorado has developed a distinction between marital property and property that belongs to a single spouse.
Divorce is rarely pondered before marriage, and when it is, a prenup is commonly used to protect personal assets. Prenups are entered into before the marriage and used to protect bank accounts and other assets in case of divorce, especially when one spouse has significantly more assets than the other. They are now very common, but some couples just cannot fathom entering in such an agreement when they are about to be married. These same people commonly regret not having a prenup down the road when divorce is being contemplated. However, if you are regretting not completing and signing a prenup, you can still enter in a postnuptial agreement. Colorado accepts the validity of postnuptial agreements under Colorado Marital Agreement Act, and supported by In re Estate of Lewin, 595 P.2d 1055, 1057 (Colo.1979), which states "Nuptial agreements, whether executed before or after the marriage, are enforceable in Colorado and a nuptial agreement will be upheld unless the person attacking it proves fraud, concealment, or failure to disclose material information."
The family law Alternate Dispute Resolution movement has taken a firm hold in Colorado courts. It is required in almost all jurisdictions and even if there is an agreement between the parties to resolve the disputes in their divorce, some counties still make the parties go to mediation. Mediation is usually dreaded by clients and not taken seriously. Most parties do not want to be forced in a room with their spouse to try to resolve their personal disputes and they don't see the value in mediation. However, mediation is an important step in the resolution of the case and it can be a time and cost saving alternative to court. Here are some ways you can work with your attorney to feel prepared to go to mediation and get the results you want.
Divorces are usually never fun. They are stressful, time-consuming and fueled by emotion. The latter usually drags the divorce process out for what seems like an eternity. While you are probably mad at your spouse, you will be amazed what a little cooperation will do to the process. It will be quicker, less time-consuming, and most importantly, less costly. Here are some helpful tips to make your divorce a little less stressful and much less time consuming
Usually the parties in a dissolution of marriage just want to get divorced and move on with their lives as quickly as possible. However, there are some important timing requirements and waiting periods parties to a dissolution of marriage should be aware of to ensure they can get their divorce as quickly as possible.