Q:

Do you have a free consultation?

A:

Yes

Q:

I want to get divorced, but I have a complete agreement on all issues. Do you offer a lower retainer?

A:

Yes

Q:

My spouse is committing adultery with his/her new lover; is this relevant to obtaining the divorce?

A:

Generally, no. The standard for a divorce in Colorado is whether the marriage is irretrievably broken. For most judges, the marriage will be irretrievably broken if one party says it is. You do not have to prove cause.

Q:

I am unmarried, and my girlfriend is having our baby. We are now separated. She is in Colorado. I live in New Mexico. The child was conceived in New Mexico. She is not in good emotional condition to care for the child as primary parent. Does Colorado have jurisdiction for a custody case?

A:

Since she will be served in Colorado, Colorado will obtain jurisdiction.

Q:

I will receive an inheritance shortly. I am considering a divorce from my spouse. If I file divorce, will I have to divide the inheritance with my spouse as part of the property settlement?

A:

Under the Colorado statutes, your inheritance will be considered your separate property. The judge in a divorce will only divide marital property. However, in a final orders hearing, all property of the spouses is presumed to be marital property until you prove that it is separate property. I recommend that you keep the inheritance in a separate account apart from any bank account in which you keep your earnings to avoid commingling marital and separate property, and to ensure that you will be able to trace the separate property monies.