How to Prepare for a Divorce: A Helpful Guide

Laura E. Shapiro -

Wedding cake cut in half

If you are thinking about getting a divorce, it can feel like an emotional rollercoaster. During this tumultuous time, it is important to consider all your options.

Divorce is difficult for everyone involved. That is why taking the steps to prepare yourself for divorce will make the process smoother and hopefully less adversarial.

If you are wondering how to prepare for a divorce, we can help. Here are some important steps to take before getting a divorce.

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The Impact of Divorce on Children & Experts to Consult

Laura E. Shapiro -

Sad boy looking at his feet

Most kids who experience the separation and divorce of their parents may struggle in the immediate aftermath, but the impact of divorce on children is generally modest unless there is a high level of parental conflict.

This also aligns with the time it takes most parents to get back on their feet and establish a workable co-parenting relationship with their former spouse, including polite, effective communication.

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What Does Equitable Distribution Mean in Colorado

Laura E. Shapiro -

People dividing marital property

Colorado is an “equitable division” state. Some states follow community property laws instead. In Colorado, there is no assumption that property is divided equally.  

Equitable distribution states do not assume all property obtained during the marriage is marital property. The result is that Colorado divides marital assets and debts in a way that is fair but not necessarily equal.

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How to Value a Restaurant for a Divorce

Laura E. Shapiro -

A fork on a green background

It can be difficult to divide a restaurant when you and your spouse are divorcing. Family-owned restaurants are often a labor of love as well as a business venture.

The first step in dividing a restaurant for a divorce is to determine its value. Below, we discuss how to value a restaurant after a divorce.

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How Divorce Affects Health Insurance

Laura E. Shapiro -

Health Insurance

If you are worried that a soon-to-be-former spouse will retaliate against you by canceling your health insurance during the divorce, Colorado law has you covered.

Colorado Revised Statutes 14-10-107 (4)(b)(I)(D) forbids the cancellation of health insurance that provides coverage for spouses and dependent children.

Additionally, spouses cannot allow the insurance to lapse by not paying the premiums.

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Contested Divorce vs. Uncontested Divorce

Laura E. Shapiro -

Decision between contested and uncontested divorce

Couples have many decisions to make during a divorce. Whether you and your spouse agree on issues will determine whether it is a contested divorce or uncontested divorce.

Couples have a contested divorce when there are disputes over any issues that need to be resolved before the divorce is finalized.

In an uncontested divorce, the soon-to-be-ex spouses have resolved or are able to resolve their issues and are ready for a judge to sign off on their proposed settlement.

Let’s take a look at what is involved in each type of divorce.

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What Happens to Pension Plan Benefits During Divorce?

Laura E. Shapiro -

Pension plan in a divorce

Retirements accounts are often a married couple’s largest asset, and they are also one of the most complex.

While they are marital property, splitting a pension can be a complicated process.

No matter if you are the owner of the pension account or if you are seeking a portion of your spouse’s employer-sponsored retirement, dealing with splitting a pension plan can present issues.

You need a knowledgeable attorney who regularly deals with complex financial issues during divorce.

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How Is Spousal Support Calculated?

Laura E. Shapiro -

One plus one equals three written on chalk board

Colorado courts calculate spousal support using statutory guidelines.

Based on how long the couple has been married, the income of each spouse, and other specific factors, the Court will decide how much the higher-earning spouse may have to pay.

Under state law, the Court calculates spousal support using a formula. Under this formula, the amount of spousal support equals:

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What Is the Difference Between Legal Separation and Divorce?

Laura E. Shapiro -

Question Mark on a blackboard

There is one significant difference between legal separation and divorce in Colorado: A divorce legally dissolves a marriage, but a legal separation does not.

Couples who divorce are free to remarry.

Couples who are legally separated are still married to each other, even though they are living independently and have gone their separate ways. Legally separated couples cannot marry anyone else until they have divorced.

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How Do I File for Legal Separation?

Laura E. Shapiro -

Man and Woman Facing Each Other

You can file for legal separation at the district court in the county where you and your spouse live, or where your spouse lives.

Under state law, you must have lived in Colorado for at least 91 days before you can file a petition for your separation.

Before you file the paperwork, you might want to...

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