Our attorneys handle all aspects of family law issues including, but not limited to:. We believe that people should be empowered by their attorneys to make powerful and positive decisions concerning family law issues that they are involved with. We offer our clients many alternatives, such as mediation, collaborative law, arbitration and traditional litigation, so that their legal issues can be resolved as expeditiously and positively as possible.
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We know how emotional family law issues can be and we strive to be there for our clients every step of the way. In fact, deciding who will move out can sometimes be such a painful issue that it sends people into a tailspin of expensive litigation. But, does it have to cause such tremendous conflict? As with many family law issues , there are some common misconceptions when it comes to dealing with the home.
Understanding Family Law (New Title)
By understanding your rights, you may be able to avoid unnecessary conflict, and better protect yourself and your children. First, there is no such thing as abandonment under Colorado law.
Colorado is a no fault divorce state. So, if you do decide that it is best to move out, your spouse cannot, in most cases, use this against you in a child custody dispute. However, if you do choose to move out, you must still protect your relationship with the children by insisting on regular visits, phone contact and, where possible, e-mail contact. Second, the cliche about possession being nine-tenths of the law s misplaced when it comes to the house.
In most cases, the spouse that remains in the home does not automatically have a greater legal claim to the home in the final property settlement.
In Colorado, the court is required to divide all property in an equitable manner. This approach takes into account the overall division of assets, the care of younger children, and the financial resources of the parties. Possession of assets, as well as title of assets, is far, less important. In fact, in many cases, the court will order that the home be sold, and the proceeds divided in order to pay marital debts. Third, moving out of the family home does not necessarily mean that the remaining party will be awarded custody of the children. In fact, there are many cases where the primary caretaker of the children decides that he or she must move out of the home with the children in order to protect the family from domestic violence.
In fact, in a situation involving a history of domestic violence, or the threat of future domestic violence, you must always do what is necessary to protect yourself and your children; if that means fleeing from the marital home at the start of the case, that is what you must do. You do not receive interest on that, but it does come "off the top" before the remaining equity - which would now be all community, is divided.
Family Law Treatises
The difference to note here is that if you had not deeded the property, it would remain your separate property subject to a Moore-Marsden reimbursement to community which usually is going to be smaller than the reverse situation. To read more about how the law affects division of your home or other property, follow this link.
Attorney Thurman W. Arnold III. Michael C.
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