Family Law and Divorce in Colorado

Contested Divorce Attorney in Boulder, Denver, and Longmont

A contested divorce is likely one of the most difficult situations your family will ever have to go through. Having a divorce lawyer at your side who is competent and who is dedicated to helping you achieve a positive result is the most beneficial thing for both you and your family.

When two people decide to end a marriage, they will need to make decisions regarding child custody or visitation, property, alimony, and their new futures apart. Colorado is a "no fault" state, which means that Colorado does not require that there be any specific cause for a divorce, only that one party believes the marriage to be irretrievably broken. A divorce is termed “contested” when the parties involved cannot successfully come to agreements about the decisions that need to be made upon the dissolution of a marriage:

During any divorce proceeding, but particularly in a contested divorce, the advice and support of a competent and devoted lawyer can go a long way in aiding the divorce process. While Colorado law governs the final determinations regarding property distribution, child custody, support and the like, it should be the goal of any divorce lawyer to help secure an outcome that will satisfy the client’s emotional and financial needs. At Hunziker Legal Services, PLLC., I am committed to just that. I work with my clients every step of the way to ensure they understand every step of this confusing and, at times, grueling process.

For most, divorce brings a time of heightened uncertainty and vulnerability. A strong, confident attorney becomes a crucial part of the process.

Will Hunziker: Contested Divorce Lawyer

At Hunziker Legal Services, PLLC., I provide legal assistance to people throughout, Boulder, Lafayette, Louisville, Longmont and Lyons who are facing a contested divorce. I have extensive experience dealing with divorce cases in Colorado, and my commitment, hard work and dedication enables me to provide outstanding case results for my clients.

What Happens to Our Property?

During the course of your marriage, whatever the duration, it is a pretty safe bet that you have accumulated lots of, well, stuff! There are the obvious things: the house, the cars, the bank accounts. Then there are the intangibles: such as stock options or pension plan that came as a result of the hard work and sacrifices made in your professional career. And if you are anything like the average couple, all of these valuables, both those you can lift, and those you can barely define, combined with assets, money, and liabilities from other sources, have been thrown into one big pot over the years. When divorce brings the end of a marital union, this property must be divided. Depending on state and jurisdiction, these assets are divided differently. Colorado engages in "equitable distribution" as a system for distributing the assets and liabilities involved in a marriage: as the name suggests, this system seeks to divide the assets fairly among the parties, as the marital union in our state is looked as a joint venture, both parties having equal rights to the fruits of the relationship.

Equitable Distribution

When a marriage is dissolved, equitable distribution describes the manner in which property is dispersed between two former spouses. Property owned and acquired during the marriage, including all assets and debts, is termed marital property, and is subject to equitable distribution. Colorado's policy reflects the idea that a marriage is an equal partnership, and when such a partnership dissolves, separate property, alternatively, is not subject to equitable distribution and therefore remains in the hands of the spouse who lawfully owns the property. The distinction between marital property and separate property is therefore quite important:

C.R.S. 14-10-113(2) defines marital property as the following:

"(2) For purposes of this article only, and subject to the provisions of subsection (7) of this section, "marital property" means all property acquired by either spouse subsequent to the marriage..."

C.R.S. 14-10-113(7) states the following:

"(7) (a) For purposes of subsections (1) to (4) of this section only, except with respect to gifts of nonbusiness tangible personal property, gifts from one spouse to another, whether in trust or not, shall be presumed to be marital property and not separate property. This presumption may be rebutted by clear and convincing evidence.

(b) For purposes of subsections (1) to (4) of this section only, "property" and "an asset of a spouse" shall not include any interest a party may have as an heir at law of a living person or any interest under any donative third party instrument which is amendable or revocable, including but not limited to third-party wills, revocable trusts, life insurance, and retirement benefit instruments, nor shall any such interests be considered as an economic circumstance or other factor... "

In this definition, the legislature intended the definition of "property" to be broadly inclusive. For a leading case on the definition of marital property, see the Court's decision in In re Graham, 194 Colo. 429, 574 P.2d 75 (1977).

Additionally, property acquired during a marriage is presumed to be marital property unless a spouse can prove otherwise. In other words, all property that is not explicitly defined as separate property will be deemed marital property for the purposes of equitable distribution.

Separate property, as defined by C.R.S. 14-10-113(2) includes the following:

"(a) Property acquired by gift, bequest, devise, or descent;
(b) Property acquired in exchange for property acquired prior to the marriage or in exchange for property acquired by gift, bequest, devise, or descent;
(c) Property acquired by a spouse after a decree of legal separation; and
(d) Property excluded by valid agreement of the parties."

Making the Distinction Between Seperate and Marital Property

The trouble is, when two people have been involved in an intimate, close relationship for a number of years, it may be difficult to discern what property constitutes separate property and which assets and liabilities belong to both parties equally. When a marriage dissolves, it may be difficult to determine the exact value of property that is separate, and property that is shared. Certain circumstances force the courts to make difficult decisions about the status of property:

The longer a man and woman are married, the more difficult it becomes to trace the origin of assets, thus making it harder to determine whether alleged separate property is in fact separate property. Consider this: an asset once held by one of the parties individually prior to marriage may have been used to fund other acquisitions during the marriage.
When separate assets are combined during the marriage, there is a real question as to whether the original asset retains its separate property classification. A question like this will often turn on how long the assets have been joined together, and how the resulting combination has been utilized during the marriage. Thus, the co-mingling of assets creates one significant area where the distinctions between separate property and marital assets become blurred.
It can be possible to trace a non-marital asset that has been co-mingled back to its pre-marital origin, when the asset was separate property. Tracing is done as a way of giving the party with a non-marital asset a non-marital interest in at least part of the asset that has been acquired using non-marital funds. This can be done through a paper trail, and while not always successful, is one way that a spouse can attempt to restore his or her non-marital claim to an asset that has since been combined with other assets.
Once separate assets may lose their "separate property" label if the asset has been improved significantly through the actions of either party during the marriage - so even if a spouse acts to improve only his separate property, it still becomes marital - remember, any gain produced during the marriage through the efforts or work of either spouse is marital property, thus subjecting it to equitable distribution. Of course, situations exist where the value of an asset will increase simply through the passage of time, or historical circumstances and the gain in worth cannot be attributed to the actions or efforts of either party. The Court does draw a distinction between these two situations:
- When a separate asset increases in value due to the efforts of one of the spouses, at least in part, this is called Active Appreciation, and results in the creation of marital property.
- If the increase of value, however, came about without the interference of either party during the marriage, the asset remains the separate property of one spouse. Courts have termed this Passive Appreciation.

Division of Real Property in a Colorado Divorce

Real property is one area where it is increasingly difficult to determine whether property is marital or separate, and specifically whether property that was at one time separate has become marital due to active appreciation.

Likewise, it is also difficult to trace real property assets back to an original non-marital owner. Real property, as opposed to personal property, is often paid off over time instead of in one lump sum at the time of purchase. Consider this: one spouse purchases a home before marriage, making it separate property. Later, after marriage, the same spouse is still making payments towards this home, using funds from current income - marital funds.

Alimony in a Colorado Divorce

Alimony is a key part of any divorce or legal separation. In a contested divorce or an uncontested divorce, this issue will need to be addressed. Your divorce attorney will play a big part in the outcome of this – and thus it is important to choose an attorney who will be able to use experience, persistence and dedication in order to successfully represent you during negotiations or in court.

In the state of Colorado, the courts can award maintenance to one spouse. Maintenance, also referred to as “alimony” and “spousal support”, is presented in the form of a monetary payment from one spouse to another. Either spouse, male or female, can be ordered to pay maintenance to their spouse by the court. The monetary payment can be awarded over time or in one large sum.

If you are going through a divorce, and support is an issue, contact Hunziker Legal Services, PLLC. We have experience in helping clients with spousal support cases throughout Colorado, including: Denver, Boulder, Lafayette, Louisville, Longmont and Lyons. We will work to develop a legal strategy to help you win your case.

Determining Spousal Support Payments and Duration

The court has broad discretion to award any amount of money that is necessary for the support of the recipient spouse as long as the court’s decision is based on the facts and the circumstances existing at the time the award is granted. There is no formula for ongoing maintenance and each case is decided on a case by case basis. As such, the facts are integral and carefully reviewed. Your attorney will play a big part in showing the necessary information and facts to help you reach the goals you are hoping for in regards to maintenance payments. The judge will examine the following before awarding spousal support:

The length of the marriage
The conduct of the parties during the marriage
Age and health of the parties
Occupations of the parties and their incomes
Sources of income
Vocational skills and employability of the spouses
Assets and debts of the parties
Any special needs of the parties
The opportunity of the parties to acquire future income and assets

In Colorado, there is a rebuttable presumption in favor of temporary spousal maintenance when the parties have a combined gross income below $75,000. Temporary maintenance is controlled by CRS 14-10-114, which says that the amount on temporary maintenance to be paid is equal to 40% of the higher earners monthly adjusted gross income less 50% of the lower earners monthly adjusted gross income. If this amount is less than 0 than no maintenance is paid, if it is more than 0, then that is the amount of income paid to the lesser earner.

Spousal support is often one of the most difficult situations to deal with in the divorce process because it affects the current and future lifestyles of both spouses. No one wants to be hindered financially by the payment or lack of alimony. If you are encountering problems with spousal support, contact Hunziker Legal Services, PLLC. today! I will represent you and aggressively fight the financial limitations that spousal support often presents.

If you are ready to file for divorce, or if you would like to learn more about your divorce options, you should speak with a professional attorney today. Contact my office in Boulder, CO at (720) 310-0013 to schedule your consultation.

Contact a Colorado Divorce Attorney at Hunziker Legal Services, PLLC. today!

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Contact Information

Hunziker Legal Services, PLLC.
A Professional Corporation

WillHunziker@gmail.com
Phone:(303) 931-8714
Fax: (720) 306-3017

Home Office:
3215 Foundry Pl. # 101
Boulder, CO 80301

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