Spousal Maintenance: Statutory or Contractual?

Individuals facing the dissolution of marriage process often seek to have spousal maintenance awarded to him or her. There are many reasons for wanting to be awarded spousal maintenance, but perhaps the most common reason deals with a disparity in income between the parties. For instance, it is not uncommon for the parties to agree that [...]

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The Effect of Reconciliation on Separation Agreements

When a party files a dissolution of marriage action, often times they will reach an agreement concerning the allocation of the parties’ property, including their assets and debts. This is known as a Separation Agreement and it may also contain a provision concerning spousal maintenance. This is referred to as “contractual” spousal maintenance.
Imagine that the [...]

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Marital Fault or Economic Fault? What Colorado Courts May and May Not Consider

“Marital fault” (also referred to as “marital misconduct”) is a phrase frequently used when one spouse places the blame for a marriage not succeeding on the actions of the other spouse. Colorado courts are not permitted to consider marital fault upon distribution of assets or debts during a dissolution of marriage action. [...]

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Separation Agreements

Colorado District Courts are not immune to the ongoing recession.  Court dockets have become so full that it often takes up to nine months to schedule permanent orders hearings in domestic cases.  Accordingly, parties are contemplating the resolution of the marital issues without court intervention at an increasing level.  To settle a case without court [...]

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Long Term Effects of Agreements

During a dissolution of marriage, it is essential that you consider the ramifications of any agreement, or Court Order for that matter, in good times and in bad.  Not every dissolution of marriage is messy and expensive.  No every divorce is high conflict.  But even in the situations when your parting ways may be on [...]

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When to Move out of the Marital Home

Making the decision to move out of the marital home is a very difficult decision to make in the beginning of the dissolution process. It is a decision that should be discussed with an attorney because it could affect several issues of your case, including maintenance, child support, parenting time, and most importantly [...]

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