Why Hire Peak Partners?

Every law firm has its own culture and approach. Their culture should match your interests and your goals. Peak Partners strives to customize their services in such a way that anyone in need of divorce or custody related services can become a client.

That said, Peak Partners is unique in that every client has a managing partner, associate and paralegal assigned to it. Managing partners bring expertise, general oversight, and strategy to every case. Associates bring expertise, daily oversight, and strategy, but they also execute in court and negotiations. Paralegals are in the weeds of gathering information, managing deadlines, putting together drafts of basic pleadings, and preliminarily framing the issues and needs of each case.

What Is Divorce?

Divorce is a legal process that formally terminates a marriage or marital union between two individuals. It is a legal dissolution of the marital relationship, allowing both parties to establish separate lives, free from legal obligation to the other.

The process of divorce involves complex legal, financial, and emotional aspects, which can differ depending on the specific circumstances of the couple.  Some common elements of the divorce process include:

1. Filing a petition: One spouse, known as the petitioner, initiates the divorce process by filing a petition with the court. The petition outlines the grounds for divorce, irretrievable breakdown, and identifies generally the areas in need of specific court orders.
2. Legal proceedings: The divorce proceedings involve various legal steps, including serving the divorce papers to the other spouse (respondent), who then has an opportunity to respond. The court may hold hearings to address issues like child custody, spousal maintenance (alimony), child support, property division, and any other relevant matters.
3. Negotiation or mediation: In most Colorado jurisdictions, couples are ordered to engage in mediation to pursue a mutually acceptable full or partial agreement regarding child custody, support, property division, and other important issues. Mediation involves the assistance of a neutral third party who facilitates discussions between the spouses.
4. Agreement or trial: If the parties can agree on the terms of the divorce, they can reach a separation agreement. This agreement outlines the division of assets, child custody arrangements, and any other relevant matters. If no agreement is reached, the case may proceed to bench trial, where a judge will make decisions based on the evidence presented by both parties.
5. Finalizing the divorce: Once all issues are resolved, either through agreement or court decision, a final judgment of divorce is issued by the court. This judgment legally terminates the marriage and addresses all relevant matters, such as child custody, support, property division and name change.

What Are The Grounds For Divorce?

Colorado is a “no-fault” state, which means that a party seeking a divorce does not need to prove that the other spouse did something wrong to cause the marriage to fail. Instead, the only grounds for divorce in Colorado is that the marriage is irretrievably broken, which essentially means that the marriage is beyond repair and there is no chance of reconciliation.  It takes two to tango, so if one person simply refuses to be a dance partner, that is enough to satisfy the minimal standard establishing whether a marriage is irretrievably broken.

In practical terms, a spouse can file for divorce in Colorado by stating in the divorce petition that the marriage is irretrievably broken, without needing to provide specific reasons or evidence of fault. This approach simplifies the divorce process and avoids the need to assign blame to either party.

However, it’s important to note that fault can still be considered in certain aspects of the divorce, such as the division of property, child custody, and spousal maintenance (alimony). For example, if one spouse’s misconduct, such as adultery or domestic violence, has had a significant impact on the marital assets or the well-being of the children, the court may consider these factors when making decisions related to property division or child custody.  That said, misconduct is very strictly scrutinized in terms of relevance and it is advisable to go into the divorce process with an understanding that some of the things most impactful or important to you, may not be considered under the law.

How Long Does Divorce Take?

The duration of the divorce process in Colorado can vary depending on several factors, including the complexity of the case, the level of cooperation between the spouses, and the court’s schedule. The level of cooperation between the spouses is the most significant factor.  Our firm has observed cases involving multi-million dollar estates resolved immediately upon eligibility, and cases drag on for many months where the heart of the dispute is a PlayStation.

In Colorado, there is a mandatory waiting period of 91 days from the date the divorce petition is served or the date the respondent spouse accepts service. This waiting period ensures that a divorce cannot be finalized until at least 91 days have passed since the petition was filed.

The actual length of the divorce process beyond the waiting period can vary significantly. Uncontested divorces, where both parties agree on all the key issues such as child custody, support, and property division, can generally be resolved more quickly. In such cases, the divorce process may be completed within a few months, depending on court availability and the efficiency of the parties involved.

On the other hand, contested divorces, where there are disagreements on significant issues, can take considerably longer. These cases often involve negotiations, mediation, or even court hearings to resolve disputes, which can extend the timeline. Complex financial matters, high-conflict custody disputes, or disagreements over the division of assets and debts can contribute to a longer divorce process.

It’s worth noting that some counties in Colorado may have backlogs in their court system, which can further impact the timeline. This was particularly true during and after COVID.  Additionally, unexpected issues or disputes that arise during the process can also prolong the divorce proceedings.

Is Colorado A 50/50 State?

Colorado follows the principle of equitable distribution when it comes to dividing marital property during a divorce. Equitable distribution does not necessarily mean an equal 50/50 split of assets and debts. Instead, the court aims to divide the marital property in a manner that it deems fair and just, taking into account various factors.

Colorado law requires the court to consider the following factors when determining the equitable division of property:

1. The contribution of each spouse to the acquisition of the marital property, including contributions as a homemaker.
2. The value of the property set apart to each spouse.
3. The economic circumstances of each spouse at the time of division, including their earning capacity and financial resources.
4. The desirability of awarding the family home or the right to live in it to the spouse with primary custody of any children.
5. Any increases or decreases in the value of separate property during the marriage.
6. The liquidity of the marital property.
7. The wasteful dissipation of marital property by either spouse.
8. Any transfers or encumbrances made in contemplation of divorce or separation.
9. Any other factors the court deems relevant.

While an equal division of property may be, and most often is, appropriate in most cases, the court has the discretion to deviate from a 50/50 split if it determines that an unequal division is fair based on the specific circumstances. The court’s goal is to achieve a division that considers the unique factors of each case and provides for a fair outcome.

It’s important to note that separate property, which is property acquired by one spouse before the marriage or received by gift or inheritance during the marriage, is generally not subject to division and remains with the respective spouse.

Is Counseling Required?

No, Colorado does not require mandatory counseling before getting a divorce.  In cases involving custody, however, the Court’s do order a basic parenting be completed to familiarize people with the challenges faced by children in a split parenting environment.

Peak Partners strongly encourages their clients to monitor their mental health.  Divorce and custody disputes are unbelievably traumatic and it is very easy to feel as though you are on an island.  We constantly vet an update our list of trusted mental health professionals and can provide guidance upon request.

What Can I Hide From My Spouse During A Divorce?

Virtually nothing.  Information protected by an attorney or medical-client privilege is perhaps the only thing generally private during the divorce process.  Even that has limitations though, as a lawyer may not aid you in concealing information the other party is entitled to receive.  In Colorado, during a divorce, both spouses are required to disclose all assets and liabilities honestly and fully. This includes providing accurate information about income, property, bank accounts, investments, debts, and any other financial resources. This requirement of full financial disclosure is essential for the court to make an equitable distribution of property and ensure a fair outcome for both parties.

If you attempt to hide assets or provide false information during the divorce process, it can significantly damage your credibility and jeopardize your case. The court may impose penalties, such as fines or sanctions, and it can negatively impact the division of property, spousal support (alimony), child support, and other aspects of the divorce settlement. Additionally, deliberately hiding assets can lead to legal consequences, including perjury or contempt of court charges.

At Peak Partners we strive to wear the white hat going into presentations to the Court, and if you have a circumstance you believe to be unfavorable to you, the best way to make it worse is to try and conceal it.  Judges are adept at drawing out relevant information and sensing when parties are hiding something.  Don’t attempt to hide something.  Own any mistakes and use this difficult time in your life as an opportunity to build who you are as a person.

Is There Anything Unique About A Military Divorce?

Military divorce in Colorado does have some unique aspects compared to civilian divorces due to the involvement of military service members and the application of certain federal laws. Here are a few key points to consider regarding military divorce in Colorado:

1. Jurisdiction: Jurisdiction for military divorces can be complex since service members may be stationed in different states or countries. In general, the service member’s legal residence or the state where they are stationed may have jurisdiction over the divorce proceedings.
2. The Servicemembers Civil Relief Act (SCRA): The SCRA provides certain legal protections to active-duty military members, including the ability to request a stay (postponement) of the divorce proceedings while on active duty or within a specified period after completing active duty. The SCRA also offers protection against default judgments.
3.  Division of Military Pensions: The Uniformed Services Former Spouses’ Protection Act (USFSPA) allows state courts, including Colorado, to treat military pensions as marital property subject to division in divorce. The USFSPA provides guidelines for the calculation and division of military pensions, taking into account factors such as the length of the marriage overlapping with the service member’s military service.
4. Child Support and Custody: Colorado, like other states, makes decisions regarding child support and custody based on the best interests of the child. However, military service obligations and frequent relocations can present unique challenges in determining child custody arrangements.
5. Healthcare and Benefits: Military divorces may impact access to healthcare and other military benefits for both the service member and their dependents. Eligibility for Tricare, military housing, and other benefits may change upon divorce, and arrangements must be made for any applicable support or healthcare coverage.

Is Colorado A Good Jurisdiction For High Asset Divorce?

Colorado can be considered a favorable jurisdiction for high asset divorces due to several factors. Here are some reasons why Colorado may be a good jurisdiction for high asset divorce cases:

1. Equitable Distribution: Colorado follows the principle of equitable distribution, meaning that marital property is divided fairly but not necessarily equally. This approach allows for a more flexible division of assets, taking into account various factors such as the contributions of each spouse, the economic circumstances of each party, and any other relevant considerations.
2. Comprehensive Discovery Process: Colorado’s legal system allows for a comprehensive discovery process, which facilitates the identification and valuation of assets. This process helps ensure that all assets, including hidden or undisclosed ones, are properly accounted for and considered in the division of property.
3. Protection against Dissipation of Assets: Colorado has mechanisms in place to protect against the dissipation or wasteful depletion of marital assets during the divorce process. If one spouse engages in reckless spending or attempts to hide assets, the court can take measures to preserve the assets and ensure a fair distribution.

However, it’s important to note that every high asset divorce case is unique, and the outcome depends on various factors, including the specific details of the assets, the financial situation of the parties, and the arguments presented by each spouse. It is recommended to consult with a skilled divorce attorney in Colorado who can provide personalized advice based on the particulars of your situation.

How Is Cryptocurrency Handled in A Colorado Divorce?

Cryptocurrency is a remarkably volatile environment on every level. On a federal level the treatment of crypto assets by the SEC, IRS and other regulatory agencies is not static. Crypto assets are unwieldy, especially with the introduction of Dex coins and almost limitless exchange platforms. Even stable coins and the more trial tested Bitcoin or Ethereum, present unique challenges due to their digital nature and the potential for anonymity and fluctuation in valuation. While Colorado law does not specifically address cryptocurrency in divorce statutes, it is generally considered marital property subject to division if acquired during the marriage.
Here are some key considerations regarding cryptocurrency in a Colorado divorce:

1. Characterization as Marital Property: Cryptocurrency acquired during the marriage is generally considered marital property in Colorado, regardless of whether it was acquired by one spouse or both. This means that it may be subject to division between the spouses.
2. Valuation: Valuing cryptocurrency can be challenging due to its volatile nature. The value of cryptocurrencies can fluctuate significantly, and determining an accurate valuation at the time of divorce can be difficult. The court may rely on expert opinions, market value at a specific date, or other means to establish a fair valuation.
3. Discovery and Disclosure: Both spouses have a legal obligation to disclose all assets, including cryptocurrency, during the divorce process. Full financial disclosure is crucial to ensure a fair division of assets. Hiding or failing to disclose cryptocurrency can have serious legal consequences and may impact the division of property.
4. Expert Assistance: Given the complexities of cryptocurrency, it may be necessary to involve financial experts or forensic accountants with expertise in cryptocurrency valuation and tracing. These professionals can assist in accurately valuing and accounting for cryptocurrency assets in the divorce process.

It’s important to note that laws and regulations surrounding cryptocurrency continue to evolve, and specific guidance may be subject to change. Consulting with a knowledgeable family law attorney in Colorado who has experience in dealing with cryptocurrency in divorce cases is essential. They can provide up-to-date advice and guide you through the process, ensuring that your rights and interests are protected.

Contact us today at 719-600-1373 to see how we can help you with the difficult decision of a divorce.