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Denver Family Law Blog

How a prenup may get disputed during a divorce

People often look at a prenuptial agreement as if it is some sort of ironclad agreement that will stand no matter what. Both people signed it, after all. Doesn't it have to stand up in court?

Not always. Never assume that you cannot dispute a prenup -- or that your spouse will not dispute one that you actually wanted to stand. It happens all the time. Here are a few reasons why:

Is uncontested divorce realistic for high income couples?

In the modern world, couples considering divorce are increasingly aware that the process does not have to be a long, draining experience if both parties agree to end their marriage amicably. While this is almost always easier said than done, it is true that divorce does not have to be full of frustrating conflicts. If keeping the process civil is a priority to a couple, approach it with this goal in mind.

For many divorcing couples, this means filing their divorce uncontested. This is often a good fit for those who simply want to put an end to a particular chapter in their lives and move on, or who hope to keep their private lives out of the public eye.

Debunking the divorce myth that an affair impacts asset division

Divorce is a common experience in our culture, but many people remain woefully uninformed about the realities of divorce. Myths and urban legends seem to dominate public opinion about what happens in a divorce. From the belief that court systems are inherently biased against fathers to the idea that infidelity has a direct impact on the outcome, many people believe wildly inaccurate things about divorce.

When they seek to understand their own marriage, they may attempt to use those inaccurate beliefs as a baseline for how they approach the process and their expectations of the divorce. Understanding that the courts generally do not care about infidelity is an important first step toward adjusting your expectations when you end your marriage.

Things to include in a property division checklist

One of the biggest challenges of divorce is deciding who gets what. Both individuals are hoping to secure as many assets as possible, so this can lead to a variety of challenges that are difficult to overcome.

You can ease the pain by creating a property division checklist. Not only does it provide guidance through your divorce, but it also ensures that you don't overlook anything of importance.

Is your business ready for your divorce?

When you realize that it is time to begin building your divorce plan, there are many aspects of your personal, financial and professional lives that you must consider.

Before a court approves your divorce, you must reach a property division agreement with your spouse, and this may involve more than just savings accounts and family heirlooms. As a business owner, your business itself may qualify as marital property, meaning that your spouse may have a valid claim to some of its value.

Is there a way to divorce peacefully instead of painfully?

Marriage is not an easy thing to simply walk away from. In fact, it almost seems like our legal system -- as it applies to marriage -- makes divorce feel difficult, complicated and scary on purpose. Perhaps it does. After all, the notion of "until death do us part" is a historical concept that has been hardwired into the fabric of our beings -- even if it's a fantastical notion that is only possible for certain well-paired spouses.

But divorce doesn't have to be such a difficult experience if you and your soon-to-be ex are willing to work with one another peacefully and respectfully. Here are a few ideas to get your mental gears moving in the right direction in this regard as you consider the possibility of divorce:

Retirement accounts and pensions get split in Colorado divorce

Couples with a high net worth or annual income often face unique challenges during divorce. In many divorces, deciding how to split up the marital assets is a major sticking point between spouses. The more assets you have, the more likely it is you are going to disagree about significant issues.

Whether you worry about your ex hiding valuable assets or want to keep your vacation home, you probably have some serious concerns about what will happen when the courts divide your assets.

Social media can help reveal hidden assets

Divorce should be a process in which two ex-partners divide assets in a fair and agreed upon manner. Unfortunately, it doesn't always work that way. If your partner is under-reporting assets, a solution may be at your fingertips.

Social media is for more than just pictures of family ski trips. Your ex's activity online can be an indication of unreported assets. Even better, it can be used as proof in Colorado courts.

When should parents avoid 50-50 child custody arrangements?

It seems like equally shared physical child custody arrangements are the preferred solution for many Colorado parents these days. In the 50-50 child custody solution, the children have two homes and divide their time living between both parents' residences, and many experts on child psychology believe that this is a great way to raise a healthy child post-divorce.

Although psychological studies may appear to support the 50-50 child custody arrangement, it's important for parents to keep in mind that no two children and no two parents are the same. We all have different schedules, different relationships, different emotional needs and different "deal-breaker" scenarios. With this in mind, let's explore some co-parenting situations where the 50-50 child custody solution is probably not going to work:

How much will I pay or receive in alimony?

The payers and receivers of alimony are participating in a valuable tradition that helps protect the individual liberties of those who get married. Essentially, alimony prevents an individual from becoming an economic slave, and staying in a toxic or unhappy marriage due to economic dependency on the higher-earning spouse.

That being said, the societal benefits that allow lesser-moneyed spouses to free themselves from an unhappy marriage do not mean that the alimony payer should have to break the bank to meet his or her monthly payment obligations. Furthermore, in the vast majority of cases, alimony will not be permanent. Colorado courts will strive to set alimony amounts to be affordable and temporary to ensure that the amount to be paid is practically sufficient to assist the lesser moneyed spouse in becoming financially independent.

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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