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Denver Family Law Blog

4 common reasons for divorce in Colorado

Divorce lawyers in Colorado see the same reasons for divorce cited by their clients again and again. Although every divorce case has its unique story and complexity, and you can never boil things down to a single reason, here are four of the most common reasons why people decide to end their marriages:

  1. Infidelity
  2. Incompatibility
  3. Substance abuse
  4. Growing apart

Reason #1: Infidelity

Will my spouse get part of my Vail ski lodge in our divorce?

Imagine you own a ski lodge in Vail that you've enjoyed for years. It was the first luxury real estate purchase of your life. You bought it and paid it off well before you got married. Now, after 10 years of marriage, will you be able to keep the property after your divorce, or will your spouse get to take part of it?

The answer to this question depends on a variety of circumstances that pertain to your situation. By reviewing the following example scenarios, you might be able to determine if you'll get to keep the property or not.

Is it time for a divorce? Only you know the answer

There may come a time during your marriage when you begin to wonder if things are going to work out over the long run. In other words, you begin to think about divorce and how it could change your life for the better.

Many people think about divorce, but some decline to take action for one reason or another. Since this is one of the biggest decisions you'll ever make, you need to be 100 percent sure about whether it makes sense to file for a divorce.

Is my prenuptial agreement still valid?

When spouses realize that it is time to file for divorce, it may seem like a blessing that they chose to create a prenuptial agreement, if they have one. However, simply having a prenuptial agreement in place does not guarantee that a judge will honor it, depending on the nature of the terms in the agreement and the way the spouses created it.

If the agreement is not well-constructed or includes terms that the law does not support or allow, the agreement itself may not withstand scrutiny. It could actually complicate your divorce rather than simply it. If you have concerns about your own prenuptial agreement and its ability to remain valid throughout the divorce process, it is important to carefully review the document and look for any mistakes or provisions that may cause trouble. An experienced attorney can offer professional guidance during this process, and help you understand the strongest options you have to protect your rights and priorities in the divorce process.

Divorce mediation: Know the process

If you finally decide that your marriage is no longer working, you'll want to learn more about the divorce process. For many, this can mean a focus on mediation to start.

There are several benefits of mediation, when compared to litigation, including the ability to make your way through the process without spending as much money. Even better is the fact that mediation is often more time-efficient, which is something that almost everyone is looking for during this difficult period of their life.

When it comes to the house, get an accurate valuation

For most couples, the house is one of the most high-value assets they own. Whether it is your main residence in Denver or vacation property you own in Aspen, you are going to have to make some major decisions on how to deal with real estate if you are planning to divorce. For example, you will have to decide if the two of you should sell the house and split the proceeds or if one of you will keep it and give up other assets of equal value.

In order to determine the value of the real estate you own, you can generally pick from one of three different processes. The following are the most common avenues for home valuation for people who choose to divorce.

Do courts seal divorce records?

When a couple chooses to divorce, especially when the divorce involves significant assets or standing in the community, keeping the matter private is both crucial and complicated. In general, family court documents are public records, meaning that whatever happens in the courtroom is available to anyone who wants to review those public records to find it.

However, it is sometimes possible to compel the court to seal records and keep the process private, either in whole or in part. If you believe that privacy is important in your divorce, be sure to consider the steps you can take to seal your divorce's court documents and keep your private matters just that -- private.

Do you need to divide farm or ranch assets in a divorce?

Imagine you and your spouse own a ranch or farm together. Now imagine that members from both of your extended families tend to the estate, taking care of farming tasks, managing the livestock and so forth. Now imagine that you and your wife want to get a divorce.

When a couple owns a farm or ranch together, it will complicate the asset division process. These proceedings are particularly unique because the property considerations are different from the usual divorce. As such, they require a unique approach.

Honest spouses gain the upper hand in divorce proceedings

Colorado law dictates that spouses must honestly report all of their assets, debts, expenses and income during divorce proceedings. However, it's very tempting for a spouse to squirrel a little bit -- or even a lot -- of cash away that they don't reveal during divorce proceedings.

The cash hiding could go unnoticed and the dishonest spouse might even get away with it. However, if the other spouse is careful and diligent to hunt down all hidden assets, the dishonest spouse could pay the price in a very big way.

Tips to protect your assets from divorce

Imagine spending years building your wealth, investing in real estate in Denver, Aspen, and other places around the state and country. In addition, you have worked hard to create a strong stock portfolio and maybe even built a company from the ground up. Now, you are on the verge of divorce and you are worried about how it will affect your assets.

Asset protection is a major concern of most people who are contemplating divorce. One of the keys to protecting your assets is planning. The following tips can help you get through your divorce without becoming destitute in the process.

McGuane and Hogan, P.C.
3773 Cherry Creek North Drive Suite 950
Denver, CO 80209

Toll Free: 800-574-3771
Phone: 303-691-9600
Fax: 303-691-9900
Denver Family Law Office

Aspen Office
215 South Monarch Street
Aspen, CO 81611

Toll Free: 800-574-3771
Phone: 970-920-7878
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