Divorce can be a difficult process on both an emotional and legal level. You and your spouse have spent time building a life together, but now that is ending and you must divide the significant property and assets involved in your lives and decide who will take what. At Stahly Mehrtens Miner LLC, our Boulder complex property division lawyer understands that many divorces have complex property division issues that are best handled by a seasoned lawyer.
The experienced Boulder divorce lawyers of Stahly Mehrtens Miner LLC are here to assist you with your complex property division and provide you with the support and guidance you need. Give us a call today at 303-797-2900 or contact us online to get started with a consultation.
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What Makes Complex Property Division Complicated?
How Our Boulder Complex Property Division Lawyer Can Help
How Will Equitable Distribution Affect Your Divorce?
Complex Marital Property in Boulder Divorces
What Is Colorado Law on Separate Property?
Debt Division in A Boulder Divorce
Factors The Court Considers When Dividing Assets In A Divorce
Contact Our Boulder Complex Property Division Attorney
What Makes Complex Property Division Complicated?
The process of dividing property can bring about all kinds of harsh, emotional feelings and can make it difficult to come to a mutual agreement on how to split up your assets and debts. If you and your spouse are ultimately unable to come to an agreement, then the court will decide how to split up your assets and debts. It is important to note that Colorado is an equitable distribution state. This means that the court will allocate property in a way that is fair and equitable, but that does not necessarily mean it will be split up 50/50.
How Our Boulder Complex Property Division Lawyer Can Help
If you are facing a complex property division in your divorce, the experienced Boulder lawyers of Stahly Mehrtens Miner LLC can help you navigate the legal process and protect your interests. We understand that complex property division cases can be emotionally and financially draining. Our team has a deep understanding of the laws surrounding complex property divisions in Boulder and the factors that are considered by the courts to make the final decision.
Our goal as your legal team is to support you throughout the process and help you achieve the best possible outcome for you and your family. Some of the ways our Boulder complex property division lawyers can help you include:
- Helping you understand your legal rights and options
- Gathering evidence to support your case
- Negotiating with your spouse or ex-spouse on your behalf
- Representing you in court if necessary
- Helping you enforce the terms of your property settlement agreement
- Determining the status of the property involved in your case (marital or separate)
- Valuing the property involved in your case
- And more
How Will Equitable Distribution Affect Your Divorce?
When splitting up property, a 50/50 split is not always the fairest way to split everything up. When you are going through the process of complex property division in Boulder, CO, the court will take certain factors into account to split the property in a way that they believe is fair.
Some of the factors that will be considered include:
- The length of the marriage
- Each spouse’s current economic situation
- The earning capacity of each party and if they have the ability to become financially independent
- Contributions to the marriage made by each spouse
- The value of separate property owned by either spouse
- The final valuation of property assigned to each spouse
Complex Marital Property in Boulder Divorces
How do you know for sure if you have a complex marital property situation happening during your divorce? In many situations, it’s clearly obvious based solely on the assets that you and your spouse brought into your marriage. If you’re not sure, here’s a list of complex marital property assets that can complicate property division:
- If one or both of you own more than one piece of real estate
- If one or both of you own an interest in a business, regardless of whether it is family owned
- If one or both of you own an interest in a professional practice
- If one or both of you have a retirement account
- If one or both of you have a pension of some kind
- If one or both of you have an investment account
- If one or both of have bank accounts
- If one or both of you own stock options
- If one or both of you have high-value art, collectibles, or jewelry
What Is Colorado Law on Separate Property?
During the divorce process, all property, including more complex property, must be determined to be either separate or marital. If it is considered marital property, then it is most likely subject to equitable division. If it is separate property, it is considered either yours or your spouse’s.
Work Together to Make a Tough Situation Easier
You and your spouse also have the opportunity to work together to determine how complex property should be split. Coming to an agreement is often more satisfying for both parties than allowing the court to determine how the arrangement should be handled because then both parties may have a say in getting some of what they want.
Debt Division in A Boulder Divorce
One of the most important aspects of divorce is the fair division of marital debt. This can be a complex process as there are many factors that need to be considered to divide it fairly. The amount of debt each spouse will be responsible for depends on several different factors. To determine how to fairly allocate debts, the courts will consider things like
- The duration of the marriage
- The financial circumstances of each spouse
- The circumstances under which the debt was incurred
- The amount of child, or spousal support payments in Boulder or marital assets that have been awarded so far
- Whether or not prenuptial or post-nuptial agreements have been signed
Debt division is a vital part of the divorce process, which is why it is important to work with an experienced Boulder family law attorney. A good lawyer can advocate on your behalf and fight for a fair division of debt.
Factors The Court Considers When Dividing Assets In A Divorce
In order to make a fair determination of asset division, the courts usually require both parties to disclose accurate financial data, including:
- Current income
- Child care expenses
- Educational expenses
- All financial statements for the last three years (both business and personal)
- Income tax returns filed within the last three years
- Current statements for all bank, investment, and retirement accounts
- Appraisals and titles for all real estate
- All personal loans and mortgages
- Documents outlining extraordinary expenses related to children (if applicable)
Contact Our Boulder Complex Property Division Attorney
When you are going through a divorce that involves complex property division, you want an experienced complex property division attorney in Boulder on your side to protect your rights and fight for you. Let Stahly Mehrtens Miner LLC help you. Give us a call today at 303-797-2900 to set up a consultation, or contact us online.