I get asked that question a lot. How can I keep the house because in order for you to keep the home you’re going to have to be able to refinance that mortgage and remove the other party from liability on the loan. You can’t keep the home and also keep the other person responsible on the mortgage for any sort of extended period of time. So that’s the first thing to ask yourself is…
Divorce
When Is Divorce Mediation An Option? When is divorce mediation an option? Divorce mediation is an option in almost every case unless there happens to be a history of domestic violence or civil protection order for example. At the initial status conference, the court will order mediation in almost every case and that is an excellent way to resolve your situation. Mediation is cost effective, it is a way for you and your ex to…
“description”: “For more information about working with an estate plan attorney in Denver or other family law matters in Colorado, contact Lewis & Matthews P.C. today. What is the cost to create an estate plan? The cost of creating a state plan is dependent upon the complexity of your estate and your specific needs. We charge on an hourly basis and we will sit down and work with you and so we usually take…
What are common mistakes made during the divorce process? The biggest mistake, quite frankly, that people make is not seeking out legal advice. Maybe you don’t have the money to hire an attorney to represent you through all stages of the process, but you should definitely do at least one consultation with an attorney to discuss your rights and liabilities moving forward. Please come in and see me. I can do a consultation with you…
What happens post divorce? We have to look and see are there any assets that we need to complete their division. After the divorce decree is entered, a lot of times we are dividing up a retirement account. The issue then becomes is this a 401(k) account that requires a qualified domestic relations order? Is this a para or pension account that requires a division via an approved qualified domestic relations order? If this an…
This depends on the assets that are available in the case. It also depends on whether or not you had that retirement account prior to the marriage. If you owned that retirement account prior to the marriage, the balance in that account as of the date of the marriage is your separate property and is not subject to division. Where people run into difficulties is they have a really hard time proving what the balance…
